Accell Property Management

Orientation

Accell Property Management, Inc. Board Member Orientation Handbook

An Easy Introduction to Community Associations
By Sandra Feistel, CCAM

Congratulations on being elected to your community's Board of Directors. The opportunity to serve your community can be a very rewarding experience.

Community associations are created for the purpose of maintaining common areas, providing architectural standards to maintain a harmonious streetscape, providing use restrictions and rules for maintaining a harmonious neighborhood environment, and in some cases (in attached homes) to provide maintenance of each home. This "purpose" or "charter" is intended for the general use, benefit and welfare of the owners. In fulfilling this purpose, the primary goal should be to maintain, protect, preserve and enhance the value of the property.

As members of the Board, your first task should be to become familiar with your governing documents. The governing documents include the CC&Rs, By-Laws, Articles of Incorporation, Rules and Regulations, Architectural Guidelines and other documents established to guide the operation and administration of the Association. Your governing documents should be considered your basic guide for running the business called the Association. These documents provide the Board with a list of powers and authority, establish protective standards, restrictions and rules and serve as general guidelines for the operation of the Association. The following is a brief summary explaining your documents in the order of authority:

Articles of Incorporation
The Articles of Incorporation generally state the purpose of the Association. They serve to establish the Association as a non-profit mutual benefit corporation, with the purpose of providing community services and facilities for the general use, benefit and welfare of the homeowners.

Declarations of Covenants, Conditions and Restrictions (CC&Rs)
The CCamp;Rs define the restrictions, duties and powers of the Association and will be referred to frequently in the day-to-day operations of the Association. Their intent is to enhance, preserve and protect the value, desirability and attractiveness of the entire community for the benefit of all the homeowners. The CC∓Rs provide provisions for the creation and collection of assessments, duties and powers of the Association, architectural control, repair and maintenance of the common elements, insurance requirements, easements, rights of lenders and enforcement of provisions.

By-Laws
The By-Laws apply to the day-to-day management of the Association and the functions of the Board. The By-Laws contain provisions regarding rule-making powers, responsibilities of the Board of Directors, election procedures, meetings and membership.

Rules and Regulations and Architectural Guidelines
Most community Association CC&Rs or By-Laws promulgate to the Board of Directors, the authority to establish and enforce Rules and Regulations, Architectural Guidelines and Standards. These documents are a means for your Association to personalize a portion of the governing documents to the specific needs and wants of your community members. When establishing and enforcing Rules and Regulations and Architectural Guidelines, your Board of Directors is required to do so consistent with existing law and the restrictions and rights established in the Articles of Incorporation, CC&Rs and By-Laws. It is a good idea to have an attorney review any proposed rule or architectural guideline prior to adoption to verify its compliance with state and federal law as well as any superseding governing document.

Your Board of Directors is the final authority over the maintenance, administration and financial well-being of the Association. Only the Board has the authority to make policies and decisions on behalf of the Association. Sometimes the Board may choose to delegate these powers to duly appointed committees or a management agent. However, responsibility always lies with the Board.

There will be one term you will hear over and over again in reference to your role as a member of the Board. The term is fiduciary duty. Each Board member has a duty to act as follows:

• In good faith
• With undivided loyalty
• With reasonable care and diligence
• With no conflict of interest
• In good judgment and with discretion

Generally, the Association's committees and manager act to carry out the decisions and policies of the Board. A professional manager will also provide advice and counsel to assist the Board in fulfilling its fiduciary duties. Additionally, committees can be valuable in researching and gathering information regarding specific issues related to the operation of the Association.

As a Board member, you should remember that the primary purpose of the Association is to maintain, protect, preserve and enhance the value of the property. Board members, as part of the corporate body, are empowered to act on behalf of the Association to achieve this purpose. Accell Property Management, your documents and experts in the Association field are available to provide you with the knowledge and skills necessary to fulfill your duty as a Board member.

Officers

Accell Property Management, Inc. Board Member Orientation Handbook

CORPORATE OFFICERS
By Sandra Feistel, CCAM

As a newly elected Board member, you may not be aware of how the Officers of your Association (President, Vice President, Secretary, Treasurer) are selected and what powers and duties each Officer possesses.

Unless your Association’s Articles of Incorporation or By-Laws state otherwise, the California Corporation Code states, "Officers shall be chosen by the Board and serve at the pleasure of the Board subject to the rights, if any, of an Officer under any contract of employment." The selection of Officers usually takes place during a special organizational meeting of the Board called for the specific purpose of selecting Officers. Although every Board can decide for itself the specific means by which Officers are selected, typically, it is an informal meeting at which individuals interested in serving in a particular position express their interest or are nominated by a member of the Board.

After nominations have been made for each position, the Chair will ask for an action to appoint the Officers of the Corporation. In some cases, a more formal vote may be taken, such as a vote by secret ballot, if the Board so desires.

Since your Association is a corporation registered with the State of California, the powers and duties of its Officers are the same as any other Corporate Officer under California corporate law. Under California law, every corporation shall have a Chairman of the Board or President or both, a Secretary, a Chief Financial Officer and such other Officers with such titles and duties as shall be stated in the By-Laws or determined by the Board and as may be necessary to enable it to sign instruments.

President
The position of President serves as the Chairperson unless otherwise stated in the Association By-Laws. Normally, the President, subject to the control of the Board, has general supervision, direction and control of the business and Officers of the Association.

The President will have the general powers and duties of management usually vested in the office of President of a Corporation, and may have other powers and duties as may be prescribed by the Board or the By-Laws.

Vice President
In the absence or disability of the President, the Vice President shall perform all the duties of the President and when so acting, will have the same powers of and be subject to all the same restrictions upon the Office of President. Like the President, the Vice President may have other authority and duties prescribed by the Board or the By-Laws.

Secretary

The Association’s Secretary is responsible for the records of the Corporation. This includes ensuring that a book of Minutes is kept, at the principal office of the Corporation, of all meetings and proceedings of the Board and membership.

The By-Laws may also vest the Secretary with the responsibility of keeping a membership register, providing notice of meetings of the Board and membership and maintenance of the seal of the Corporation.

Treasurer

The Treasurer, sometimes called Chief Financial Officer, is responsible for keeping and maintaining or causing to be kept and maintained adequate and correct records of accounts of the membership and business transactions of the Association. The Treasurer should report to the Board on a regular basis regarding the Association's financial reporting and activities. In addition, it is the responsibility of the Treasurer to see that a budget is prepared for the operation of the Association, which fairly represents the anticipated financial needs of the Association, including the adequate funding of reserves.

Additional Officers

The Board of Directors may elect to appoint other Officers as they deem proper, consistent with the authority granted in the By-Laws and Articles of Incorporation. While serving as an Officer of the Association is a serious responsibility carrying the same fiduciary responsibilities as a Board member, most of the duties are actually performed by Management. However, when the duties of an Officer have been delegated to Management, the Officer still maintains the responsibility to ensure Management carries out those duties with the same standard of care to which the Officer is held.

As a Board member, you should not shy away from serving as an Officer of your Association. Taking on the duties of a specific office is an excellent means by which to focus your participation on the Board and contribute to the Association in a more specific role. Each office serves an important purpose that is necessary for the transaction of Association and Corporate business.

Adopting Rules

Accell Property Management, Inc. Board Member Orientation Handbook

GUIDELINES FOR RULE ADOPTION
By Steve Feistel, PCAM

The adoption of Association rules is one of the most important actions taken by the Association Board of Directors for the benefit and general welfare of the membership. However, the adoption of a rule should be one of the last solutions considered and preceded with an objective evaluation of the problem and alternative solutions.

The following steps should be taken when drafting and adopting rules:

IDENTIFY THE PROBLEM:

The specific origin and nature of the problem that the Association is attempting to resolve must be identified. If necessary, the Board may elect to appoint a committee or individual to investigate, research and identify the underlying problem.

EVALUATE ALTERNATIVES:

A rule may not be the appropriate method to solve the problem. It may be that the source of the problem is a personality conflict, a correctable design defect in the community, a failure to communicate adequately or even something over which the association has no control. If an alternative solution is identified, evaluate its effectiveness in resolving the problem.

RESEARCH EXISTING RULES:

There may already be a rule treating the problem, which may be satisfactory but poorly enforced, or a minor amendment to an existing rule may do the job.

RESEARCH THE LEGAL BASIS:

Research the enabling laws and the Association governing documents to determine the Board’s rule-making authority specific to the situation. In order for the rule to be enforced and effective, it must be based not only on the Board's general authority to pass rules but also on a specific function assigned or delegated to the Board by the governing documents. Making reference to this function will assist the Board in justifying the rule.

SEEK ASSISTANCE:

If the problem or rule is of a controversial, sensitive or complicated nature, it may be necessary to consult the Association’s attorney to confirm the Board’s authority, the wording of the rule and its enforceability.

DRAFT THE MOTION OR RESOLUTION:

In writing the motion or resolution, describe (a) the legal foundation for the Board’s or the Association’s authority to act, (b) the problem the rule is attempting to resolve, (c) the intent of the Board of Directors in adopting the rule and (d) the specific language of the proposed rule, including sanctions for failure to obey the rule.

APPLY THE REASONABLENESS TEST:

There should be some rational relationship of the rule to the safety and enjoyment of the community.

The rule must not be arbitrary or capricious.

Ask yourself if the rule is discriminatory or evenhanded.

Finally, the rule must be made in good faith for the common welfare of the owners and residents of the community.

PUBLISH THE PROPOSED RULE:

Circulate the proposal to the members and offer them the opportunity to comment. This may be done through the Association’s newsletter, a direct mailing or at an open forum. The purpose of offering the members an opportunity to comment is not to solicit a vote on the proposed rule but to solicit comments, objections, alternatives and supporting arguments for the passage or rejection by the Board of Directors. A membership vote on the proposed rule is not necessary, but should an advisory vote be taken, the Board must still exercise its independent judgment.

ACT:

Adopt or reject the proposed rule, with the Minutes or resolution reciting the steps that were taken in the process of developing the rule.

PUBLISH YOUR NEW RULE:

After the adoption of a new rule by the Board of Directors, the rule should be provided to all members and residents along with the date the rule takes effect. Unless there is an emergency, the effective date should be an easy date to remember, such as the first day of the month following publication. Make sure there is ample time for any necessary adjustments by members and residents. To maximize awareness and compliance, the rule should promptly be delivered to each owner and resident in a format that can be easily kept with the other documents and materials they received when they first moved in.

Good Luck!

Parliamentary Procedures

Accell Property Management, Inc. Board Member Orientation Handbook

Adapted from Robert’s Rules of Order, Newly Revised and the California Corporations Code by Steve Feistel, PCAM®

MEETINGS:

Unless otherwise provided in the articles or in the By-Laws:

1. The Chairman of the Board or the President or any two Directors may call meetings of the Board.

2. Regular meetings of the Board may be held without notice if the time and place of such meetings are fixed by the By-Laws or the Board. Special meetings of the Board shall be held upon four days notice by first-class mail or 48 hours notice delivered personally or by telephone or telegraph. A notice or waiver of notice need not specify the purpose of any regular or special meeting of the Board.

3. Notice of a meeting need not be given to any Director who signed a waiver of notice or a written consent to holding the meeting or an approval of the Minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such Director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the Minutes of the meetings.

4. A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the Directors who were not present at the time of the adjournment.

5. Meetings of the Board may be held at any place designated in the By-Laws or by resolution of the Board.

6. Members of the Board may participate in a meeting through use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another.

7. A majority of the number of Directors authorized in the Articles or By-Laws constitutes a quorum of the Board for the transaction of business.

VOTING:

1. Any action or decision in order to become the act and/or choice of the Board of Directors must be approved by a majority of the Directors present at a meeting duly held at which a quorum is present.

2. Voting shall be by roll call vote, show of hands, voice vote, ballot or general consent as designated by the Chair or governing documents.

3. Although it is the duty of every Board member to vote, a Board member shall have the right to abstain from voting at his/her sole discretion.

4. A Board member shall abstain from voting on any question or motion of direct personal interest to him/her. This rule does not apply to voting for the selection of Officers.

5. A member may change his/her vote up to the time the result is announced by the Chair; after that a change is permissible only by an approved motion or general consent of the Board of Directors.

6. On a tie vote, a motion requiring a majority vote for adoption is lost, since a tie is not a majority.

7. The Chair shall vote on all motions and matters brought before the Board.

8. No motion, question or proposal shall be put to vote until all members present and eligible to vote have had an opportunity to speak on the issue.

9. Board members may not be represented or vote by proxy at any meeting of the Board.

MEETINGS RULES OF ORDER:

1. The President of the Association shall Chair and preside over all meetings of the Board of Directors and membership.

2. In the absence of the President or if the President must disqualify himself/herself from presiding, the Vice President or any other Board member the Board so chooses, shall preside at meetings of the Board of Directors or membership.

3. All members of the Board have the right of full participation in meetings of the Board of Directors.

4. The Chair shall act as the judge of all questions arising that are incidental to the interpretation and enforcement of these parliamentary procedures. However, a majority of the Board members present at a duly held meeting may overrule the Chair.

5. A written agenda for regular Board of Directors meetings shall be set by the President or Manager representing the Association. In advance of the printing of the agenda, any Board member may request an issue be placed on the agenda for action by the Board. All other business shall be introduced at the meeting under the heading of "new business".

6. All members of the association are entitled to attend regular meetings of the Board of Directors. Members may address the Board of Directors during any "open forum" period as designated by the Chair. Members are not entitled to participate in Board discussions unless recognized by the Chair.

7. When a member of the Board or membership has been assigned the floor and has begun to speak, unless he/she begins to discuss a subject obviously frivolous or dilatory or speaks longer than the rules allow, he/she shall not be interrupted by another member or by the Chair.

8. Every speaker is to be treated with courtesy.

9. Any non-members allowed to attend a meeting as guests of the association have no rights with reference to the proceedings.

10. The Board of Directors has the power to require non-members to leave the meeting or to order their removal at any time during the meeting.

11. At any meeting, any person (member or non-member) who attempts to disrupt the proceedings in a manner obviously hostile to the announced purpose of the meeting or those in attendance may be removed from the meeting by the Chair.

OPEN FORUM RULES OF ORDER:

1. Only one speaker at a time will be recognized by the Chair.

2. Each speaker will be allowed three (3) minutes to make a statement, ask questions or express concerns.

3. Members wishing to address the Board of Directors shall indicate so by raising their hands.

4. Interruption of speakers is not permitted except by the Chair.

5. Every speaker is to be treated with courtesy.

6. No speaker will be allowed a second opportunity to speak until all others who wish to speak have had a chance to address the assembly. The person wishing a second opportunity to speak has three (3) minutes to do so.

7. Any person who attempts to disrupt the proceedings in a manner obviously hostile to those in attendance and the Association may be removed from the open forum by the Chair.

DUTIES OF THE PRESIDING CHAIR:

1. To open the meeting at the appointed time by taking the Chair and calling the meeting to order, having ascertained that a quorum is present.

2. To announce in proper sequence the business that comes before the assembly or becomes in order in accordance with the prescribed order of business, agenda or program and with existing orders of the day.

3. To recognize members who are entitled to the floor.

4. To state and to put to vote all questions that legitimately come before the assembly as motions or that otherwise arise in the course of proceedings (except questions that relate to the presiding Officer himself) and to announce the result of each vote; or, if a motion that is not in order is made, to rule it out of order.

5. To protect the assembly from obviously frivolous or dilatory motions by refusing to recognize them.

6. To enforce the rules relating to debate and to order and decorum within the assembly.

7. To expedite business in every way compatible with the rights of members.

8. To decide all questions or order, subject to appeal, unless, when in doubt, he/she prefers to submit such questions to the Board of Directors for decision.

9. To respond to inquiries of members relating to parliamentary procedure or factual information bearing on the business of the assembly.

10. To authenticate by his/her signature, when necessary, all acts, orders and proceedings of the assembly.

11. To declare the meeting adjourned when the assembly so votes or, where applicable, at the time prescribed in the program or at any time in the event of a sudden emergency affecting the safety of those present.

MOTIONS AND DISCUSSION:

1. At meetings of the Board, a motion may be made by any member of the Board of Directors, including the President. At meetings of the membership, any eligible member may make a motion.

2. A member must obtain the floor before a motion may be made for consideration.

3. Motions must be seconded to be voted upon. If a motion fails to obtain a second, the motion "dies" and is not acted upon by the Board or assembly.

4. Once a motion has been moved and seconded, the Chair shall place the motion before the Board or assembly for discussion and vote.

5. No member may object to the making of any motion by another member who is entitled to participate in the proceedings.

6. Each member in attendance and entitled to participate shall have the equal right to discuss a motion placed before the assembly within reasonable time limits established by the Chair.

7. A motion is considered the act of the Board upon obtaining approval by a majority of the Directors present at a meeting duly held at which a quorum is present.

8. Duly approved motions are considered the decision of the Board of Directors and may be acted upon.

9. The maker of a motion may rescind the motion at any time prior to its being voted upon, in which case no action is taken by the Board of Directors or the assembly.

10. Prior to approval of a motion, the author of a motion or the member seconding the motion may amend the motion. No other individual may amend a motion.

11. The Chairman may speak in discussion of a motion without rising or leaving the Chair.

12. By general consent, when a proposal is perfectly clear to all present, a vote can be taken without a motion having been introduced.

13. The Chair may allow informal discussion of a subject while no motion is pending.

14. Only one speaker at a time will be recognized and given the floor.

15. The Chair shall recognize members who are entitled to the floor.

16. The Chair shall decide the order of precedence of all motions and their point of order in the business of the day. Generally, motions should be addressed in the order they are made.

17. Motions that have the effect of changing or nullifying previous action of the Board of Directors, such as the motion to rescind or to amend something previously adopted, or a motion to postpone an event already approved and scheduled, require previous notice. Previous notice means the issue has been placed on the printed Agenda distributed in advance of the regular Board of Directors meeting or 48 hours prior notice given personally by any member of the Board to all Board members.

18. The length of discussion on any topic or issue shall be determined by the majority of the members present and eligible to vote. In the case of meetings of the membership, the Chair shall decide.

EXECUTIVE SESSION:

1. The Board may convene to executive session for matters relating to discipline of members, consideration of litigation or legal action, formation of contracts with third parties and personnel matters.

2. All matters addressed in executive session are confidential and the privilege of members of the Board.

3. Association members are not entitled to attend executive sessions or review Minutes or records of an executive session unless authorized by the Board.

4. Minutes of executive sessions are to be clearly noted as such and may only be reviewed by members of the Board or representatives duly appointed by the Board.

5. Anyone attending an executive session or having reviewed Minutes is duly bound not to divulge anything that occurred in the session.

6. Executive sessions may be called by the Chairman or by a duly approved motion of the Board of Directors.

MINUTES:

Content of the Minutes:
The first paragraph of the Minutes should contain the following information (which need not, however, be divided into numbered or separated items directly corresponding to those below):

1. The kind of meeting: regular, special, adjourned regular, adjourned special, membership or annual.

2. The name of the Association.

3. The date, time and the place of meeting.

4. The names of the Board members present and absent.

5. The names of committee members present.

6. The name(s) of the Management representative present.

The body of the Minutes, which should contain a separate paragraph for each subject matter, should include:

1. Whether the Minutes from the previous meeting were reviewed and approved.

2. All motions brought before the assembly:

1. The wording in which each motion was adopted or otherwise disposed of (with the key points of discussion and facts as to how the motion was debated or amended before disposition).

2. The disposition of the motion, including lost and rescinded motions. A motion that "dies" due to lack of a second need not be reflected in the Minutes.

3. In the case of all important motions, the name of the mover and the second shall be shown.

3. All points of order and appeals, whether sustained or lost, together with the reasons given by the Chair for his/her ruling.

4. All "previous notice" of motions are to be included in the Minutes.

5. The last paragraph of the Minutes should state the hour of adjournment.

Additional rules and practices relating to the contents of the Minutes are the following:

6. When a count has been ordered or the vote is by ballot, the number of votes on each side should be entered; and when the voting is by roll call, the names of those voting on each side and those answering "present" should be entered. If members fail to respond on a roll call vote, enough of their names should be recorded as present to reflect that a quorum was present at the time of the vote.

7. The proceedings of committee meetings and open forum sessions should not be entered into the Minutes of Board of Directors meetings. However, the fact that Committees were present and an open forum was held should be recorded.

8. When a Committee report is of great importance or should be recorded to show the legislative history of a measure, the Board of Directors can order it "to be entered as an attached part of the Minutes," in which case the report is added to the Minutes.

9. The name and subject of a guest speaker can be given, but no efforts should be made to summarize his remarks.

10. Minutes should be signed by the Secretary and President; however, any two Officers may sign the Minutes as designated by the Board of Directors.

DEFINITIONS:

The following definitions are to be used for the purpose of interpreting these Parliamentary Procedures only and do not constitute legal definitions used for interpretation of the Articles of Incorporation, CCamp;Rs or By-Laws:

ABSTAIN..... A member’s right to refrain from voting. Does not constitute a vote in favor or against any question, motion or proposal.

ADJOURN..... Action to dissolve an assembly or meeting.

ADOPT..... The act or statement of the assembly accepted or agreed to by vote or general consent. (See "approved")

AGENDA..... Order of business.

AMEND..... To change or modify.

APPROVE..... To accept or ratify by an affirmative vote of a majority or other requirement specified by the governing documents or statutory law.

ASSEMBLY..... A group of people meeting to determine, in full and free discussion, courses of action to be taken in the name of the entire Association.

BALLOT..... A sheet of paper used to cast a secret vote.

BOARD..... The Board of Directors of the Association.

BOARD MEMBER..... An individual duly elected or appointed to the Board of Directors.

CHAIR..... The presiding Officer at a meeting.

CHAIRMAN..... The individual acting as the presiding Officer at a meeting and duly appointed by the Board.

DILATORY..... Tending or intended to cause delay.

DISCUSS or DISCUSSION..... Consideration of a question, motion or proposal in open informative debate.

DIRECTORS..... Natural persons, designated in the Articles or By-Laws or elected by the incorporators, and their successors and natural persons designated, elected or appointed by any other name or title to act as members of the governing body of the Association.

DULY..... In a due manner, time or degree, properly. In conformance with the governing documents.

EXECUTIVE SESSION..... A secret session of the Board of Directors at which matters relating to discipline of members, consideration of litigation or legal action, formation of contracts with third parties and personnel matters are discussed and/or acted upon.

FLOOR..... Recognized by the Chair as having the exclusive right to be heard at that time.

FRIVOLOUS..... Of little weight or importance; lacking in seriousness; irresponsible or self-indulgent.

GENERAL CONSENT..... Means by which to adopt a question or motion without the steps of stating the question or putting the motion to a formal vote. If there are no objections to a question or motion when stated by the Chair, the Chair may announce that, "since there is no objection ...," the action is decided upon and adopted.

GOVERNING DOCUMENTS..... Articles of Incorporation, CCamp;Rs (Covenants, Conditions and Restrictions), By-Laws and all other duly adopted rules, standards, guidelines or procedures authorized by the Articles of Incorporation, Covenants, Conditions and Restrictions or By-Laws.

MAJORITY..... Greater than fifty percent (50%).

MEETING..... A single official event attended by members assembled together to transact business, having been duly noticed and at which Minutes are taken.

MEMBER..... Any person who, pursuant to a specific provision of the Association's governing documents, has full right of participation in a meeting.

MINUTES..... The duly approved written record of a meeting.

MOTION..... A means by which business is brought before the assembly. A formal proposal intended for discussion and approval by the assembly.

MOTION DIES..... Motion fails to obtain a second.

MOTION FAILS..... A motion that does not obtain a majority vote.

OPEN FORUM..... A period of time established by the Board of Directors or Chair for open discussion by members of the Association and guests of members of the Board.

PASS..... See "Approve."

POINT OF ORDER..... An objection requiring the Chair to make a ruling on a question that is incidental to the interpretation and enforcement of the Parliamentary Procedures.

POWER..... The authority to take action.

PREVIOUS NOTICE..... Prior notice either printed on the Agenda or distributed in advance of the regular Board of Directors meeting by the management representative or 48 hours prior notice given personally by any member of the Board to all other Board members.

PROPOSAL..... An act of putting forward or stating something for consideration.

QUESTION..... Stating something for consideration.

QUORUM..... A majority of the number of Directors authorized in the Articles of Incorporation or By-Laws constitutes a quorum of the Board for the transaction of business. A majority of the voting power, represented in person or by proxy, shall constitute a quorum at meetings of the Association's membership unless the By-Laws set a different quorum.

RECOGNIZE..... Having been given the floor by the Chair.

RECORDED..... Filed into or made a part of the official Association records.

RESCIND..... To take back or make void.

RIGHTS..... Those privileges granted by these Parliamentary Procedures or the Association's governing documents.

ROLL CALL VOTE..... A method of voting in which a record of how each member votes is entered into the official records.

SHOW OF HANDS..... A method of voting that entails the counting of raised hands in favor and against a proposal.

SPEAKER..... Individual recognized by the Chair as having the floor.

TABLE..... To postpone discussion of a motion until the next or a later meeting.

VOICE VOTE..... A method of voting by acclamation. An overwhelming affirmative or dissenting vote by vocal expression.

VOTE..... The final act of deciding the disposition of a question, motion or proposal.

Resolving Disputes

Accell Property Management, Inc. Board Member Orientation Handbook

Resolving Disputes
The Board Member's Duties...
By Steve Feistel, PCAM®

Remain objective:

Remain objective: For Board members to effectively facilitate the resolution of homeowner disputes with the Association, it is crucial that homeowners view the members of the Board as objective with a genuine concern for resolving the issues in the best interest of all involved.If the perception is that the Board is predisposed to a single point of view, an important trust will be broken. For this reason, the Board must operate as an independent neutral participant whose role it is to keep focus on the common goal of resolving the dispute.

Employ dispute resolution procedures: Disputes involving our homes can be very emotional issues. Often what is at stake are very precious commodities in the form of pride, lifestyle and perceptions of homeownership rights. These strong feelings can lead to shouting matches if basic courtesies and parliamentary rules are not followed. For this reason, it is crucial that all parties involved in the discussion clearly understand the parliamentary procedures enforced by the Board. It is the Board's duty to insist that these procedures be followed.

Specify what's wrong: The first step in solving a problem is to define the problem. Before effective solutions can be reached, a clear definition of the problem needs to be developed and agreed upon. From this point, progress towards resolution begins.

Open and facilitate communications with all parties concerned: Most homeowners have a lot in common. But when disputes arise, this common ground is often abandoned because of personality conflicts and inflated egos. Charging ahead without taking a careful survey of the terrain can lead to devastating outcomes for all parties involved. When homeowner disputes arise all parties need to look to the common ground for mutually beneficial resolutions. The Board member's role is to facilitate this process by providing advice, insight and leadership.

Mutual resolution starts with understanding and trust. Participants need to get to know each other and make a commitment to resolving the dispute. Objectives and perspectives need to be openly discussed. Emphasis needs to be placed on common goals and finding solutions.

Not all disputes can be easily resolved, but mutual resolution will result in many more disputes’ being resolved earlier, more fairly, more efficiently, at less cost and with less animosity.

Listen to all positions and options: Listening is the most powerful tool of a successful facilitator or mediator. Often a combatant's opportunity to be heard by a neutral and interested party is adequate compensation for accepting compromise and submitting to resolution.

Volunteer solutions: Disagreements are a natural part of negotiations. When they occur, alternatives need to be explored. As an unbiased participant, the Board member can be a valuable source of alternative solutions to resolve differences. Sometimes a little unbiased insight can lead to amenable solutions to impassable barriers.

End with a clear decision and take action; the resolution process should lead to a clear and decisive ending. After all parties have been given a reasonable opportunity to be heard and participate in the resolution process, it is the Board's duty to make a decision. Decisions should be free from ambiguity and clearly state the action or actions to be taken by all the involved parties. If necessary, the Board may wish to perform some follow-up to verify that the intended results of the decision have been reached.