CAI-NJ May 2019 (w)

“...just because the board was eventually

CASE STUDY... from page 14.

The outcome of the meeting was that the challenging homeowner was elected to the board, which immedi- ately changed the entire dynamic of the situation and the relationship of the parties to one another. It also helped alleviate the tension within the mem- bership of those members who had supported the homeowner challenge, since these owners now felt that they were adequately represented in deci- sions impacting the entire association. With the election completed, the next order of business was to reach an agreement with the entire board to begin the process of hiring professionals to help guide the association going forward. We began the process with the attorney position, which would take over for me as my tenure as mediator started to wind down. This was some- what of a protracted process, as the

able to come to an agreement on

result of not having direct managerial involvement in the daily running of the association’s operations, many items that the association were tasked with by law and its governing documents were not being completed in a timely matter or, in some instances, being completed at all. After scheduling the annual meeting and election, I drafted the election documents, arranged for their mail- ing, secured the location for the meeting with the help of the board, and conducted the meeting. It was apparent that the association mem- bers appreciated having a meeting and the opportunity to present their questions on issues relevant to the election and association operations.

retaining association professionals did not mean that there was not discord along the way.”

board and I met with each candidate personally and carefully analyzed each proposal. At the end of the day, the board came together and, after much debate and consideration, made its decision as a unified group. The board utilized the same process for hiring an accountant and, eventually, a new man- agement company. However, just because the board was eventually able to come to an agreement on retaining association professionals did not mean that there was not discord along the way. Part of my duties of mediator evolved from helping the parties resolve their differ- ences to acting as a sounding board for the board members to vent their frustrations and present their “side” as the process moved along. Every board member recognized the final goal of getting the board to the point where there was no longer a need for a mediator, but how we got to that point was a matter of some discourse and disagreement as each individual got used to their role on the board. The newly elected homeowner on the board quickly came to realize that serving on the board was not an easy task, as it involved a tremendous

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