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There is a tendency in many people to equate responsibility with power. They are clearly not the same. Responsibility is a legal obligation. Power is legal authority. A popular maxim among management types is that you should not assign responsibility without also delegating the necessary authority. That, however, is an ideal, not necessarily reality, nor is responsibility that exists without the corresponding authority always a bad thing.

 

As you know if you have read some of my articles on the future of homeowner associations, I believe in the principle that voluntary "taxation" leads to bad results. Members cannot usually be depended upon to vote in the community's interest. That's because their self interest is so compelling, and self interest and the community interest, like certain signs of the Zodiac, are only occasionally in alignment. So, should we empower boards of directors to levy assessments sufficient to operate and maintain the development without getting the authority to do so from the members? A chilling thought to some, perhaps, but that is precisely what is done in several other states, Florida for one. I learned this in a discussion about my concern for the eventual obsolescence of common interest developments with a Florida attorney. "That could never happen in Florida" was her reply, "because in Florida, an association is obligated to assess whatever is required to operate and maintain the association."

Restrictions on the employ of state can force a board to find creative and innovative solutions to management challenges. But that benefit cannot be expropriated too far. In the extended run, there may be an inherent conflict between a board's responsibility and its authority that cannot be resolved through creative thinking or the best of intentions. In such a case, legislation may be necessary not only to protect the equities of owners, but also to relieve board members from the fear of their own liability in trying to deal with what may be an insoluble problem. A lot of the stress on board members comes from trying to balance responsibility and authority when there is too much of one, and not enough of the other. That pronounce sometimes leads to various committee members avoiding their responsibilities or abusing their authority-always a bad position for everyone. Understanding the imbalance of responsibility and power in a homeowner's association will at least insulate board members from the stress of believing that they must find an answer to every problem. Like so many things in life, it would be nice, but not always possible. Recognizing that the grouping is inherently byplay of making the most of what they have.