Page 20 - New Jersey Cooperator February 2019

20 THE NEW JERSEY COOPERATOR —FEBRUARY 2019 NJCOOPERATOR.COM a landscaping contract, the board could not divulge to the unit owners its bottom-line contract price because of the risk that the other party to the negotiation would learn that information, and all leverage would be lost. Similarly, if the board were suing the developer for construction defects, the board could not communicate every detail of its settlement strategy to the unit own- ers for fear that it would undermine its bar- gaining position in the case.” “How much to disclose and when may, in those instances, be more of an art than a science,” Moriarty concludes, “but the default position for the board should be to disclose as much as it safely can and ex- plain why it cannot disclose additional in- formation. A board that explains where it is in negotiations with another party, how it got there, and what its goals are will then be able to say with some credibility to the unit owners that certain information must be withheld, if only so their position is not compromised. Owners will get it, and will likely be more appreciative and more confi - dent in the board as a result.” n Mike Odenthal is a staff writer/reporter with Th e New Jersey Cooperator. BOARD OPTICS continued from page 7 some over-55 communities the 50-year- olds are fighting with the 80-year-olds. “The pool is often at the heart of the problem,” Piekarsky says. In that par- ticular setting, “older people don’t want to deal with young kids. The pool toys, the potential for the pool to become con- taminated by children in diapers...older people don’t like it. In many communities in Florida, they have adults-only swim times.” He explains further: “Age stipu- lations in pools can be a real legal prob- lem though,” under anti-discrimination laws, “despite health risks and issues.” And clearly, when the problem comes be- fore the board for consideration, a board skewed one way or the other may find it harder than they thought to arrive at a fair decision. Some Cases in Point Leonard T. Jordan, Jr., is the President of Concord Village, located in Brook- lyn, New York. This complex of seven 16-story buildings has 1,023 units. “The property is very diverse, both by age and other demographics,” says Jordan. The seven buildings are governed by one board with seven members. He says the current board reflects the age diversity of the property. Two of the members are between 30 and 40; two between 40 and 50; one is between 60 and 70; and two are over 70. “There are also many sub- committees,” he says. “Almost everyone serves on a subcommittee before becom- BOARD... continued from page 8 ing a board member.” In Jordan’s experience – and he has served for many years – it wasn’t always that way. “Many years ago, the demo- graphics were older for board members,” he recalls. “Committee involvement has gotten younger people involved. Last election we had nine people running for three positions, and many candidates were younger people. “Older members,” he continues, “share institutional knowledge with younger members for better decision making. Usually we are not really far apart on things anyway. Differences of opinion tend to be about approach rather than age.” The main flashpoints tend to be about capital improvements. “Older board members tend to be more conser- vative and cautious, but they are willing to listen.” Jordan also says that the board tries to spend money on things that don’t exclude people. So for instance, they have both indoor and outdoor play areas for children where pizza nights are held weekly – but residents without young children aren’t excluded from the activ- ity. They are also rewriting some house rules right now and seeking cross-age participation. Enza Guida is the secretary/treasurer of Bay Park Towers, a 254-unit condo- minium located in the Edgewater section of Miami. She has lived in the property for approximately four years, and this is her first year on the board. The building has a five-member board. Guida explains that when she moved into the property, the board was domi- nated by older residents. During a reno- vation of the lobby, many residents felt that the board didn’t give them a say in the project, making decisions without in- put from the other owners. People want- ed change, and more of a voice – so they spoke with their ballots at the next board election and voted in several younger members. The result of the turnover is that four of the current board members are in their 40s or 50s. “Younger people bring ideas,” Guida says. “New board members pushed through the idea of re- doing the floors, and the older members like the idea. There’s more listening going on than before. The new board wants to listen to opinions and voices.” Perhaps in the end, diversity by age, as in other areas, adds to a board’s ability to govern fairly and effectively. Younger people bring fresh ideas, and older people bring prudence and experience. These two factors can balance governance. “As an attorney for co-op and condo commu- nities, I like a mixed board,” Hakim says. “You get both experience and energy.” n A J Sidransky is a staff writer/reporter for Th e New Jersey Cooperator and a published novelist. 201-803-189 TSRUT@COMCAST.NET GUARDIAN NORTHERN DIVISION: TOM RUTOWSKI - P:201-803-1879 TSRUT@COMCAST.NET GUARDIAN SOUTHERN DIVISION: ROCCO CASTIGLIONE - P: 609-221-9272 RCASTIGLIONE56@GMAIL.COM