By Thomas Mugavero, ESQ. For over two decades, Thomas has engaged in a business litigation practice throughout Virginia, Maryland, and the District of Columbia. He has appeared in both federal and state courts on behalf of community associations on a wide range of issues, including discrimination and fair housing claims, director liability, premises liability (including mold claims) and personal injury claims. He has also litigated dog-bite claims and works with rescue societies. Thomas is a graduate of Yale University and Georgetown University Law School and is currently Of Counsel with the law firm of Whiteford, Taylor & Preston.
A Board Me mber’s Duties:
What NOT to Do
A
board member owes a duty of loyalty and care to the association. This means more than being thoughtful and deliberate in making decisions and being considerate of the needs of the residents. It also means a healthy understanding of what not to do as a board member. There is really one over-arching concern: a board member should not breach that duty of care owed the association. Rules and Procedures, confidentiality provisions, limits on authority – these are all in place to make sure that everything operates properly. Ignore that duty, and you throw a monkey wrench into the system.
Do Not Ignore Procedures Both the governing documents and the statutes set forth specific procedures for scheduling meetings, changing rules, imposing fines, or raising assessments. The board ignores these requirements at its peril. If someone in the association is going to oppose it, ignoring the proper procedure, gives them one more reason to block the measure. They challenge the contract through an administrative complaint; or won’t pay the special assessment; or refuse to follow the new regulation created in the meeting. Enforcement is hard enough; you don’t need to add distractions. 14 | QUORUM
Do Not Ignore Experts Every Board member brings education and experience to the table. So, however, do those experts retained by the association,
and they should not be ignored. Did your most recent Reserve Study recommend building up the reserve fund? Don’t refuse
YOUR ASSOCIATION
BANKING PARTNER RECENTLY FINANCED PROJECT Wintrust Community Advantage offers a complete suite of financial products and services to townhome, homeowner, and condo associations. We tailor these products to the unique needs of these community associations.
$1,000,000 Garage deck repair College Park, MD
KIM MYLES, CMCA communityadvantage.com
VICE PRESIDENT Wintrust Community Advantage - MD/DC/VA kmyles@communityadvantage.com C: 734-276-3330 | D: 240-772-1212
Wintrust Community Advantage is a division of Barrington Bank & Trust Company, N.A., a Wintrust Community Bank.
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