January 2024

MANAGEMENT TRENDS... from page 46.

is to act consistently with all require ments, whether they be requirements of the association’s governing doc uments (Master Deed, Declarations, Bylaws, etc.) or local, state, and federal laws. Community boards must rely on advice of legal counsel in areas that are in question, and not

“wing it.” Especially in today’s world, the governance of community associa tions is growing in complexity, and as stated above, the board is not expect ed to be experts in this changing climate. But they are expected to act prudently, and the expectation would be that seeking advice from profes sional advisors, especially in pursuit of your duty of obedience, is crucial to the long-term success and stability of the community. As an example, a community has a ban on pets. A new owner moves in with a dog, and the board directs management to cite them for violating the no-pet restriction. The new owner responds that their dog is a service animal, but the board persists. Without advice from legal counsel, the likelihood is pretty high that a complaint will be filed against the association under the NJ Law Against Discrimination or the Federal Fair Housing Act. Legal counsel to the association would likely assist in developing a policy on service animals or emotional support animals and guide the board on permissible questions for determining if the animal truly meets the criteria. Effective Meetings: Most peo ple have busy schedules, yet conduct ing board business regularly and effec tively is critical. Fitting in your commu nity volunteer role as a board member does not have to be an onerous addi tion to your calendar. Effective board meetings, according to CAI, are under two (2) hours, and arguments can be made using long-standing standards that any meeting lasting more than 90 minutes becomes ineffective. Stay focused on the type of meeting and its CONTINUES ON PAGE 50

with the needs of the business, and not in a personal interest. Duty of Obedience: The third duty of the board and its members

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JANUARY 2024