By Daniel Blom, ESQ. Daniel is an associate attorney with the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn P.C. His practice is devoted to the representation of community associations throughout Virginia and the District of Columbia, including covenant interpretation and enforcement, contract law, and collections matters. He is an active member of WMCCAI’s Quorum Editorial Committee.
Codes of Conduct: Encouraging Respectful Behavior for the Benefit of All
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s leaders, community association boards of directors and managing agents can use their positions to set the tone for communications with and among owners. There is great opportunity for boards and managers to lead by example to engage owners in civil and productive discourse concerning what can often involve emotional and divisive issues affecting the community. Maintaining a calm and respectful demeanor and actively listening to others’ viewpoints are tactics every individual can use to encourage understanding and cooperation in everyday conversations, and in particular in impassioned, contentious conversations that can all too often lead to hurt feelings, resentments, and, importantly, failure to resolve the underlying actual issues at hand. While it is easy to say that individuals should remain calm and respectful, it can be much more difficult to implement when emotions run high. Having a community-wide
standard to reference in such times can be helpful to encourage individuals to behave appropriately and with respect. By actively implementing and incorporating into the community association’s culture a code of conduct or ethics, a civility pledge, or some other official means of expressing the association’s commitment to civil discourse and behavior, community associations can take steps toward encouraging divergent viewpoints and reconciling differences with earnest debate, honesty, and good will. Depending on a community association’s governing documents and the law of the local jurisdiction (hint: ask your attorney for assistance, if necessary), a code of conduct or civility pledge may be more of a set of aspirational guidelines or principles rather than formally enforceable rules or regulations. That being said, studies have shown that corporate codes of conduct can have a positive impact on ethical performance1 and having such guidelines in writing can be helpful to
persuade individuals to act within the accepted norms and practices of the group. Further, having individuals sign on to such non-binding agreements underscores the social understanding that the guidelines are important and should be followed, even if there may not be teeth for enforcement if someone disregards the guidelines.
Community Association Civility Pledge The Community Association Institute College of Community Association Lawyers created the Community Association Civility Pledge, which is readily available on CAI’s website, to allow community associations to express their commitment to “fostering a climate of open discussion and debate, mutual respect, and tolerance between all who live in, work in, and visit” their communities.2 While the commitments in the Community Association Civility Pledge are intended as guiding principles, not as le-
1 S ee, e.g., Patrick M. Erwin, Corporate Codes of Conduct: The Effects of Code Content and Quality on Ethical Performance, 99 Journal of Business Ethics 535 (2011). 2 https://www.caionline.org/HomeownerLeaders/CivilityPledge/Documents/CAICivilityPledgeForms.pdf
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