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Association Board Meetings Must Adhere to Business Meeting Standards

--Good preparation and careful attention to details are the keys to keeping property owners association board meetings from spinning out of control, says LeClairRyan attorney Elizabeth L. White


News provided by

LeClairRyan

Aug 19, 2010, 09:30 ET

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HOT SPRINGS, Va., Aug. 19 /PRNewswire/ -- When it comes to community association board meetings, the most effective solution to many problems is simply to prevent them from happening in the first place, LeClairRyan attorney and Community Association Industry Team Leader Elizabeth L. White advised attendees at an advanced class presentation during a Community Association Institute (CAI) program at the Homestead resort here.

"The devil is in the details, as the saying goes, and the managers and leaders of community, condominium and other residential and commercial property owners associations can help ensure the best outcomes for their board meetings by paying close attention to those details," said White, a Williamsburg, Va.-based shareholder in LeClairRyan whose practice is focused on representing community associations, developers, landowners, and lenders in a wide array of commercial transactions and land-use matters.

During her presentation, White emphasized that a board meeting is not a social gathering, a gripe session, an interactive forum in which owners participate, nor a tribunal.  "Effective board meetings require leadership at the board and management levels to keep them on track and make it possible for them to accomplish the tasks for which they have convened," she stressed at the July 31 seminar.  Noting the importance of an educated board as a key to productive meetings, she urged attendees to stay informed via CAI educational programs and materials, webinars and seminars, and training and orientation classes.

In the context of running a successful board meeting, leadership entails the ability to stay focused on the meeting's agenda, balance interests and control both the audience and the board members, she advised.  Important characteristics for an association board meeting leader to inculcate include preparedness, fairness, and the ability to set personal opinions aside and put the best interests of the association at the forefront.  "Careful thought must be given to both the physical and psychological setting where the meeting will be held," White noted.  "Boards often look to managers and support staff in choosing the setting for a meeting.  Too often, they get so caught up in the substance of what they are doing — which, of course, is something they should be focused on — but they neglect to think about details such as the size of the room, effective climate control, seating arrangements, and the like."

With many years of experience serving as counsel to common interest communities, White was able to share some "horror stories" about meetings she witnessed spin out of control due to lack of effective leadership and/or a lack of attention paid to seemingly minor details.  "I've seen everything from people standing up and shouting, physically assaulting board members or counsel and, in one case, a person actually picking up the ballots and running out the door with them," she related.  She stressed again that good preparation is the most effective preventative measure against such occurrences.  The format for running the meeting and rules of behavior — for board members as well as spectators — should be clearly defined and clearly communicated at the start of every meeting.  

The location of the meeting, seating and table arrangements, doorways, traffic flow and other incidentals should also be given careful consideration.  Psychological variables to consider include the distance between the board members and the audience, formalities to be used, maintaining a business-like atmosphere, demeanor and tone of voice, and the use of nametags.

Other topics White touched on in the advanced class included when it is appropriate to call an executive session and the proper procedure for doing so, how to deal with the problem of unprepared board members, the importance of protecting confidentiality, where appropriate, and common ways in which it may be breached.  "There is a lot that goes into setting the proper standards for an effective board meeting, but doing so is very achievable for any type of property owners association board," she said.  "In most cases, it boils down to doing the necessary preparation work and paying close attention to even the smallest details."

About LeClairRyan

Founded in 1988, LeClairRyan provides business counsel and client representation in corporate law and high-stakes litigation.  With offices in California, Connecticut, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Virginia and Washington, D.C., the firm has approximately 300 attorneys representing a wide variety of clients throughout the nation.  For more information about LeClairRyan's Community Association Team, visit their blog at www.vacommunityassociationlaw.com or the firm's website at www.leclairryan.com.

SOURCE LeClairRyan

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