The capacity of the president of a homeowners' association to take certain types of decisions is often discussed. In this article we would like to explain what some of these cases would be and how they should be made in accordance with the law.
If at any time you have considered becoming president of a community, you should know that this plays a particularly important role in its management. As you know, this position is voluntary, the election is by vote of the owners and for a full year.
From the moment you are appointed president of the community, you will have to try to improve the situation of the property, make changes for the common good of all the neighbours and rectify any incidents that occur during this period.
Being president has responsibilities
It is a commitment that you are making to make everything go as smoothly as possible in the administration of your community. This means making decisions, and like all decisions, 100% of the owners may not agree. The usual thing to do is to do what benefits the most owners and people.
You can also take the initiative and call a meeting if you need more support to make a decision. Another thing that can happen is that the initiative you are proposing can only be dealt with at the general meeting because it is outside your scope of action as chairman or because the law requires it. Check with the administrator which things you can do and for which you will need the support of the board.
Obviously you may have doubts about certain actions you want to take. In that case, the administrator is there in his role of legal advice and counsel; or you can go directly to a General Meeting to have the measure approved and feel fully supported, but even so, the administrator must give legal cover to the agreements.
If you want to be president, you will have to be conciliatory.
Sooner or later you will have to deal with a conflict between neighbours. When this happens, you will need all your intelligence to resolve the conflict amicably and get all parties to abide by the final agreement.
Mediation is complicated, but it is a task that a president will encounter many times during his or her term of office. If the neighbours are understanding and have the intention to solve the problem, it is possible that dialogue and your mediation as president will be enough to reach an agreement.
However, it is often not so easy to resolve conflicts. If your attempt to mediate to reach an agreement fails, relying on the administrator can be of vital importance. He will be the one who, with the law in hand, will establish the strategy to follow to solve the conflict and will try to mediate between the neighbours in conflict and advise the community accordingly.
Knowing how to communicate is important
Knowing how to convey and communicate your proposals or what is happening in the community is another additional job you have as president. To do this, always try to express your ideas clearly, honestly and in a timely manner, without affecting or damaging the sensitivities of others, or your own.
Communication within the community should be expressed freely, without pressure and in a dignified manner, taking into account the feelings of others and seeking empathy, and the chairperson should be the one to ensure that this is the case.