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Tag Archives: board members

Nick Foles On Leadership

Posted on Author By Francis J. McGovern, Jr., Esquire

In his article this morning, Inc.com journalist Justin Bariso highlighted Eagles’ Nick Foles’ team leadership style.  During the post-game Press conference, Foles said “I think that the big thing that helped me was knowing that I didn’t have to be Superman. I have amazing teammates, amazing coaches around me and all I had to do was just go play as hard as I could and play for one another and play for those guys…”.

Bariso’s application of Foles’ comments to corporate leadership generally is also applicable to Association leadership in particular.  Associations are administered, lead, by a team.  Each team member has a role.  The manager leads day to day by implementing the global policies set by the board.  The vendors: legal, financial, engineering and trades are called upon as needed to counsel and make specific things happen.

Too often today, management services have been bid down to unrealistic rates.  This leaves a leadership vacuum where a Board Member is compelled to step in as Superman/Wonderwoman, vendor expenses spiral as vendors struggle to fill the void, and the Membership loses its mind as things don’t get done in a timely manner.  Associations are real corporations, intimately impacting their Members’ lives.

Board members should not be Superman or Wonderwoman running the day to day affairs.  Instead, Management, suited to the task and paid its worth, should manage.  Team is what it’s about and, with the right team, everybody wins.  Justin Bariso’s article is available at Inc.com and Nick Foles’ post-game Press conference is available at Youtube.com.

DCA Regulations Positive or Punitive?

Posted on Author By Francis J. McGovern, Jr., Esquire

On June 3, 2019, the New Department of Community Affairs (the “DCA”) proposed regulations that would significantly impact Association governance. Many of you raised concerns with respect to the proposed regulations.
On Monday, May 18, 2020, with few modifications, the proposed regulations became effective. The DCA issued a 112-page document outlining the public comments and the DCA’s responses. That document is available by clicking here: PREDFA Regulations May 18, 2020 The DCA declined requests for hearings on the public comments.
The good news is that, decades before the proposed regulations, most Associations, Board Members and Managers worked hard to provide transparency, member participation and good governance. Theoretically, not much should change for them.
The bad news is that, because of the relatively few bad-apple Associations, all Associations, Board Members and Managers are now saddled with micro-regulation backed by the threat of fines and penalties.
It is hard to know where this will lead. Increased transparency, member participation and good governance? I hope so. Increased administrative expenses? Yes. Increased D & O claims? Most likely. Decreased volunteer participation? I hope not. “Wag the dog” politics? Sadly, probably.
Let’s be positive and hope that the DCA will, as it historically has done, use a constructive approach rather than a punitive approach to assisting Associations and their members. A lightly marked up copy of the original proposed regulations may be seen by clicking here: Mark-up Copy

CAI-NJ Legal Forum

Posted on Author By Francis J. McGovern, Jr., Esquire

fmcgovern@theassociationlawyers.com

McGovern Legal Service’s Damon M. Kress, Esq. will be a panelist at the 2017 CAI-NJ Legal Forum, discussing legal issues impacting community associations.

Damon M. Kress, Esq. has a strong background and expertise in contruction litigation, bankruptcy law, and trial and appellate advocacy. As a panelist Damon will be looking to give those in attendence his nearly twenty years of knowledge and insight on community association law.

For those serving community associations, there are many questions for legal counsel than there are answers. Property managers, board members, lawyers and other community association professionals are invited to join in on the discussion at this program. This program will be interactive and CAI would like for all attending to email any questions regarding community associations to info@cainj.org or bring them with you to the program.