Most condominium boards have an odd number of directors for a reason. While some strive to achieve it, it is not necessary for every board decision to be unanimous. In fact, a split vote can often be the sign of a healthy operation – where multiple views are considered, members can agree to disagree and move on.

Trouble occurs when boards are unable to conduct business, stuck at a standstill on a split vote, or when grudges are held over past votes. When directors use their vote to retaliate against one another, it is difficult to see how the community can be put first. Often, troubles arise when things get personal between directors.

Members of a condominium board do not need to be friends. They do need to find a way to co-exist. From several mediations conducted to address condominium board “in-fighting”, here are some observations of how a board can operate effectively as a team:

Develop a shared understanding of how business will be conducted

To be clear, this is not imposing an existing structure upon new board members without their input. It is most successful when the process engages all directors to design and agree to a framework. It can be most effective when it is not considered with a particular board decision in mind but as a general, high-level approach that considers questions such as:

a. What will the board do when there are different views amongst directors?
b. How can all directors feel heard?
c. How can the board make a decision and move on?

Typically, this involves striking a balance that affords time to dissenters while also allowing for decision-making to take place. This shared understanding should also spell out how dissenting voices can be acknowledged to offer guidance when a split vote occurs and prevent conflict arising about how to go about this.

Agree To disagree

From personal observation, this has been implemented in a number of ways— from demonstration by a board president who would routinely ensure to be outvoted on certain decisions to maintain a culture of friendly disagreement to assigning leadership roles to a director frequently on the losing side of votes.

The concept is to create a board culture that discourages lingering hard feelings and lets everyone feel included and that they are doing their part. It often ultimately comes down to inviting the sharing of different perspectives so all feel part of decision-making, regardless of the outcome, and valued even when votes do not go their way.

Take confidentiality seriously

It is often preached but not always practiced. Board members have access to sensitive and privileged information that they are not supposed to share outside of the board, including with the non-board members they are closest to. Preserving the confidentiality of the role allows directors to have something in common. It can help establish trust. I have mediated disputes between several boards that fall apart because trust among their members has broken down. Establishing trust is not always easy but goes a long way.

A starting point in managing conflict in any setting is surfacing what parties have in common and working from there to positively collaborate in everyone’s interest. On paper, that should be easy enough to do on a condominium board comprised of people with a shared investment, volunteering their time in the spirit of community.

In practice, it is not always that easy – particularly when difficult decisions have to be made. Making decisions as a team and standing together as a team is a key component to success. Rather than waiting until differences of opinion surface, it can be helpful for boards to develop shared understandings of how they will navigate their challenges before they face them.

Marc Bhalla, LL.M. (DR), C.Med, Q.Arb, MCIArb is a mediator and arbitrator. He can be reached at mbhalla@elia.org.