August 6, 2010

Something unexpected has occurred, leaving you with a vacancy on your condo or homeowner association board. Now you and your fellow board members must step up to the plate and appoint a new member to serve until your next election. In this week's tip, we show how you can make that decision without causing dissention among your members.

Dennis J. Eisinger, a partner at Eisinger, Brown, Lewis & Frankel PA in Hollywood, Fla., who currently represents more than 500 condo and HOA associations, suggests you focus on achieving balance. "Consider a balance of personalities on the board," he says. "You don't want anyone who feels the same way as everybody else. Also consider a balance in areas of expertise. If you can be lucky enough to find someone who's an accountant, an insurance agent, an attorney, or an engineer, that would be tremendous so you have more expertise when decisions related to those areas have to be made."

Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina, Minn., who represents associations, has a slightly different take. "That's a hard question to answer in the abstract," he says. "But I think boards should think about the leadership qualities that are important to the association at that time. If the past board member has left because of some contentious issue or there are factions forming in the association, you might want somebody who's more of a consensus builder. At the same time, if there's been a problem that has plagued the association for lack of somebody taking firm action, you may want to choose someone more decisive. It's going to depend on the association's need at that time, and board members should think really honestly about what they need."

Those are just two factors to keep in mind as you and your fellow HOA board members serve as appointers-in-chief. For more insight on What to Consider When You Appoint a New HOA Director, see our new article.

Best regards,
Matt Humphrey
President