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Real Estate News and Advice |
May 16, 2008 |
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HOA Course Changing
by Richard Thompson
Boards of homeowner associations are often challenged to change the status quo for the better. A common scenario includes a newly elected board that promises to start enforcing rules or architectural policies. The problem is that there are HOA members that like it just fine the way it is and they loudly resist the board's proposed changes. If certain board members are single-minded about forcing change, the resulting brouhaha will take center stage, the goals being moved to the peanut gallery and little being accomplished other than ruffling feathers. Flexibility is the key to success. Consider the following observation: "What prevents human beings from successfully managing the natural environment and other complex systems? Dietrich Dörner, a cognitive psychologist, performed experiments and found out. Using computer simulations of complex environments, he invited intellectuals to improve the situation. They often made it worse. Those who did well gathered information before acting, thought systemically, reviewed progress, and corrected their course often. Those who did badly clung to their theories, acted too quickly, did not correct course, and blamed others when things went wrong. Dörner concludes that our failures in managing complex systems do not represent any inherent lack of human capability. Rather they reflect bad habits of thought and lazy procedures." (From State of Fear by Michael Crichton.) These observations point to several courses of action an HOA board might consider when endeavoring to make changes:
The board could expend thousands of dollars of HOA funds in legal costs and possibly lose the case or compromise by getting the owner to agree to remove the deck upon sale of the property. The compromise allows the owner to save face, the HOA to save money and ultimately get the deck removed ... it just will take a bit longer than anticipated. The lesson is to not get too entrenched in one solution. Circumstances may warrant creative thinking and the board has the authority to be creative. The board usually steers the HOA ship across calm seas with business per usual. But from time to time squalls and shallow rocks dictate a change of course. While governing documents and state laws point a direction that often works, be prepared to deviate when circumstances dictate. For innovative HOA management strategies, see Regenesis.net. Published: June 6, 2007 Use of this article without permission is a violation of federal copyright laws.
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