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March 24, 2005
Boards still having a problem with "reasonable"
In the past few days I have come across articles that show that Boards of Directors are still having a problem understanding that "being reasonable" doesn't necessarily mean "setting a bad precedent". One association refused to allow a 1-foot height extension to a fence for the yard of an autistic child; another wanted the parents of a soldier in Iraq to take down a yellow ribbon; another failed at accommodating a woman allergic to chemicals, by not notifying her when chemical sprays were being used near her home, and as they had previously agreed to; two wheelchair-bound people had to sue their association to get their attention to the issue that the clubhouse was basically inaccessible to them. Because those boards haven't been reading the news lately, they all ended up ON the news and looking like the Grinch who stole Christmas.
10-1 the phrase "we'll be setting a bad precedent" came up followed by "where will draw the line after this". I used to be that way, basically because association attorneys had hammered it into me that to let someone get away with something, or to make an exception, was a bad thing. Most attorneys have since changed their tune, but there are a lot of boards and managers out there who, apparently, haven't gotten the word.
Now, repeat after me, "making an exception is not necessarily setting a precedent". If the request for exception has to do with health, safety, or security, (and today, probably patriotism) then it makes sense to seriously consider it. Make sure its documented as an exception, put a time limit on it if that makes sense and make sure that the owner agrees that it is an exception for a specific purpose. If the purpose goes away, so does the exception. If a board member has a problem with this, ask them how they thing they'll look on the six o'clock news defending their actions. You may understand that it was always about the pole, but everyone else only saw the flag.
Done right, exceptions don't hurt.
Posted by joewest at March 24, 2005 9:41 PM