The chairperson of a homeowners’ association: an executive role

There is often debate about the power of the chairperson of a homeowners’ association to make certain types of decisions. In this article, we aim to explain some of these scenarios and how they should be handled in accordance with the law.

If you have ever considered becoming chair of a residents’ association, you should be aware that this role is particularly important in the running of the association. As you know, this is a voluntary position; the chair is elected by a vote of the owners for a full year. 

From the moment you are appointed chair of the residents’ association, you will need to work to improve the situation in the block, make changes for the common good of all residents and resolve any issues that arise during this period.

Being president comes with responsibilities

It’s a commitment you’re making to ensure that everything goes as smoothly as possible at the management of your housing estate. This means making decisions, and as with all decisions, the 100% of the owners may not all agree. The usual approach is to do what is in the best interests of the majority of owners and people. 

You can also take the initiative and call a meeting if you need more support to make a decision. Another possibility is that the proposal you put forward can only be dealt with at a meeting because it falls outside your remit as chairperson or because the law requires it. Check with the administrator to find out what you can do yourself and for which matters you will need the board’s approval.

Naturally, you may have doubts about certain actions you wish to take. In that case, the administrator is there to provide advice and legal guidance; or you can simply refer the matter to a meeting for the measure to be approved, so that you feel fully supported – but even so, the administrator must ensure that the agreements are legally sound.

If you want to be president, you’ll have to be a conciliator

Sooner or later, you’ll have to deal with a dispute between neighbours. When this happens, you’ll need all your wits about you to resolve the dispute amicably and ensure that all parties abide by the final agreement.

Mediation is complicated, but it is a task that a chairman will often have to deal with during their term of office. If the neighbours are understanding and keen to resolve the issue, it is possible that dialogue and your mediation as chairman will be enough to reach an agreement.

However, resolving disputes is not usually that straightforward. If your attempt to mediate and reach an agreement fails, turning to the administrator for support can be of vital importance. It is the administrator who, with the law as their guide, will set out the strategy to follow to resolve the conflict and will seek to mediate between the neighbours in dispute and provide appropriate advice to the community.

Good communication skills are important

Knowing how to convey and communicate your proposals or what is happening in the community is another responsibility you have as president. To this end, always try to express your ideas clearly, honestly and in a timely manner, without offending or hurting the feelings of others – or your own. 

Communication within the community must be free, pressure-free and dignified, whilst taking others’ feelings into account and seeking to show empathy; and the chairperson must be the one to ensure that this is the case.