Page 17 - New York Cooperator February 2019

Providing a Full Range of Architectural & Engineering Services In-house professional expertise in: Exterior Restoration & Historic Preservation Construction Inspection Alteration Review Architectural Design Engineering: n Mechanica l n Electrical n Plumbing n Structural Energy Audits Forensic Investigation Façade Safety Inspection Program Reporting Green Design – LEED Professionals Client satisfaction assured by the active daily involvement of the firm’s principals www.lawlessmangione.com info@lawlessmangione.com 914.423.8844 COOPERATOR.COM THE COOPERATOR — FEBRUARY 2019 17 sition with aspirations of control and hire.” world domination – even if that world only consists of the association. Those board members are potentially the most lowed to simply blow over, some intra- difficult personalities to incorporate into board squabbles are not likely to fix them- what should be a ‘team.’ It is important selves without some kind of intervention. for the members of the board to be re- minded that their function is to effectuate themselves outside the conflict–or even the administration and governance of the third parties–may need to insert them- association pursuant to their best busi- ness judgment. Sometimes that purpose to a reasonable solution. gets lost if directors come with personal agendas. Many times, association general ternally before they spill out and create counsel can act as an experienced ‘voice issues among the broader association. of reason’ and assist the board in attempt- ing to move through its difficulties to members on a board so that when a vote keep the corporation moving forward.” “In a harmonious board, members forward” without being stuck with a tied are genuinely committed to either sup- porting or opposing matters that come RMR Residential Realty, LLC, in Elms- to them based on whether or not those ford, New York. “But, while it shouldn’t matters are in the best interests of the happen, sometimes the losing side of a building and its residents,” adds attorney vote will express their disdain for the de- Michael E. Fleiss, a partner at Schwartz Sladkus Reich Green- berg Atlas, LLP, a law firm in New York City. “Also, the mem- bers are free of hard- line or absolutist po- sitions when it comes to the building and building-related is- sues. For example, in- stead of insisting that maintenance or common charges must never be increased, or that the lobby must sions,” adds Edie Davis, Senior Property be renovated before any other project is Manager with Maine Properties in Scar- undertaken, they are willing to adjust if borough, Maine. “In the rare occasion necessary to best address the conditions that a vote reaches a stalemate, I have had and situations with which they are pre- sented. This does not necessarily mean abandoning wholesale the positions they the ownership unrelated to board deal- espoused when running for the board, or ings, and then members of those groups their deeply-held views about how best run for board positions in order to ad- to manage the building. But it does mean vance the interests of their smaller group. being open to consider a variety of pos- sible options. “Finally,” Fleiss continues, “effective not have the whole of the association in board members respect the views of ex- perts regarding matters within those ex- perts’ fields. Few board members – even exhausting for the members who may long-serving ones – can master all of the well opt to resign rather than continue to details of the many subjects with which ‘fight the fight,’” says Davis. “That level they must deal. That’s why boards retain of dysfunction also typically leads to in- architects, accountants, lawyers and man- aging agents, and why successful boards board members may have more cause for have different members with construc- tion, financial and legal backgrounds. offset arguments among themselves. Oc- Harmonious boards give appropriate casionally, when there is a bad actor on a weight to the expert opinions of their board who is causing so much difficulty members and of the professionals they Fighting Toward Consensus While some minor conflict can be al- In these instances, members who find selves into the melee in order to guide it It’s important to handle matters in- “Generally, there are an odd number of needs to be taken, the board can move vote, notes Robin B. Steiner, President of cision to the com- munity at large, and, all of a sud- den, gossip is cir- culating at break- neck speed.” “Occasionally, board members can’t see the big picture due to their perception of cer- tain people, and will be unable to make rational deci- mediators come in to resolve conflicts.” Sometimes. factions develop among It’s not hard to see how this can lead to problems, as those members clearly do mind when governing. “Serving on a dysfunctional board is creased expenses for the association, as requesting legal opinions to support or “Harmonious boards give appropriate weight to the expert opinions of their members and of the professionals they hire.” — Michael Fleiss continued on page 21