"PRESIDENTIAL TYRANNY"
All too often a Board of Directors is composed of one, or a few, individuals who have been on the Board for a long time, or who have a lot of knowledge or political control. Is this good for the Board and for homeowners?
How do you recognize "Presidential Tyranny"? Look for the following signs (not an exhaustive list), which may not be really prevalent at first, but if abused, may lead to problems: apathy, incumbency, one person show, conflict of interest, failure to adhere to the rules and favoritism. Apathy . What does apathy do? It creates an "I don't care attitude." It lends itself to "Presidential Tyranny" as homeowners look the other way, put their head in the sand, or run for the Board reluctantly, because no one else will. Once elected, however, the Presidential Tyrant believes that he/she is all powerful, "rules" over the other Board members and can do anything he or she wants to do. No one oversees the Tyrant. Incumbents . Incumbents sometimes are kept in office, and as a result, create their own power and control. Mostly, they are a valuable resource and merit listening to; but they are not the "last word". Sometimes their expertise can connote unnecessary power and tunnel vision. The approach to problem solving becomes dictated by the "experts'" view, which is not always correct or beneficial to the members. One Person Show . Too many Boards have a President who is a one-person Board. The other members of the Board defer to his/her decisions. No discussion on issues is achieved. No delegation of jobs is created. No input is granted. This breeds discontent. Conflict of Interest . This can be created in a number of ways, from innocent dealings to secret conspiracies to avoid being caught. It is illegal to have conflicts if they cause damage to someone and are not disclosed. In the best of all worlds, decision makers should be neutral. Failure to Adhere to the Rules . The rules do not apply to the Presidential Tyrant or to those he/she favors. This is destructive and demeaning to the those who abide by the rules. This "I am above the law" attitude is dangerous, and if not stopped, may lead to more serious abuses. Favoritism . Look out for favoritism. It is obvious to all but those involved. In all communities, it can foster dissension. Insist on following the same procedure for everyone. Do not create exceptions to rules, as it becomes very difficult to explain the exceptions and to enforce the rules uniformly. Each one of the above items, when taken to the extreme can lead to a situation that is not healthy for the association. How do you combat "Presidential Tyranny"? Volunteer. Be informed. Knowledge helps make good decisions. Know your governing documents. Use all available resources to guide you into making proper, well-informed decisions. At meetings, speak freely. Do not be intimidated. Read the packets prior to the meetings. Investigate, so that you have all the facts. Ask questions. All opinions should be carefully listened to as they might be right. On major issues, each member of the Board should be polled and asked what he/she thinks. Create Term Limits . This encourages "new blood" to be infused into the Board. Everyone has something to add - take advantage of this diversity and fresh look at issues. Staggered Terms . Instead of electing Board members to one-year terms, make staggered terms. Elect three Board members to one-year terms, and two Board members for two-year terms. This provides continuity and overlay.
Rotation . Rotate responsibilities on the Board. This will avoid a tyrannical situation. Admit Mistakes . Everyone makes mistakes. Admit that it was an error in judgment and move on. No one is perfect. Do not dwell on the past. Be Consistent . Have the same order in your agenda. Establish procedures and follow them. Do not make exceptions unless absolutely necessary. Opposition . Welcome it. It will force you to do a better job. Be objective. Realize strengths and weaknesses. Do not always be influenced by one person. Have an open mind. Listen to others, then decide. Be courteous to others. Explain the Rules . Homeowners often do not understand that a homeowners association has rules with which everyone must comply. Know the reason for the rule (if the reason for the rule no longer exists, delete it). Assess the Situation . Analyze and gather the facts. Anticipate opposition and think through your reasoning. Are emotions getting in the way of a logical, reasonable solution? If so, try to diffuse the emotions, so that everyone can reason appropriately. Communication . Be open. A lack of knowledge breeds discontent. Do not hide anything. Choose Your Battles . "Don’t sweat the small stuff." Some things are not worth fighting about. See the big picture. Differentiate between the forest and the trees. Battle only if the outcome is worth it. Don’t Nitpick . Being picky can have its rewards, but the watchdog can be both helpful and bog down the process. In an effort to get things done, don’t gloss over key items, but don’t get so hampered that no decision is made. Recall . Ultimately, when a member of the Board steps out of line too much, the members can resort to recall procedures. Make sure to read your documents and follow this procedure very carefully. Often times the recall process is impeded by cumulative voting requirements which make it impossible to recall. "Above the Law" Attitude . When Board members feel (or say) that they don’t care what the law is, that they will do whatever they want, it is time to question what is going on. Ask the Board member to resign, or follow the removal procedures in your Bylaws. Same associations have censure procedures in their Bylaws. Keep it Simple . State the pros and cons. Do not overwhelm others with irrelevant facts and opinions. While "Presidential Tyranny" has some positive aspects (depending on the situation - knowledge, watchdog, and strength), the negative areas far outweigh them, and it should be avoided or minimized; your association will be better and stronger without a tyrant. Informed, multi-faceted investigation and cooperative, competent decision-making by all Board members is the best way to effectively run an association.
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