Can't We All Get Along? Managing Tempers

Can't We All Get Along?

Managing Tempers

Human beings are emotional. It doesn't matter if you're in Aurora, Naperville, Elgin or Downers Grove Illinois, as property managers, we work with many people and sometimes their interests don't align. This can lead to patience wearing thin. We deal with Owners, Tenants, Board members, Vendors - and sometimes all of them in the same situation. Eventually, there is no escaping the eruption of emotions.

It is almost inevitable when personalities cannot align, and can also test a property manager's resolve, especially when one of the individuals involved in a serious incident is a member of the Board. So how do we best manage through these difficult periods of high-emotion and stress?

From a property management perspective, we may wish to address this in stages.

Document every incident

Create a factual record of each occurrence including:

• Date and time
• Who witnessed it
• Exactly what was said or done
• Whether law enforcement was called
• Whether anyone felt threatened
• Any photos, videos, or written statements

Avoid personal comments that may or may not be true. Instead document observable facts such as:

• "Owner seemed disoriented, rude and short tempered toward Board member Jackson." or,
• "Board member was slurring his speech and yelled profanities at Owner Smith."

Those facts are much more useful if the matter later becomes legal.

Speak privately with the Board member

As the manager, you should not confront the board member alone unless you have an established relationship. Instead, brief the Board member on:

• The documented incidents
• Liability concerns
• Impact on residents
• Impact on management

The Board member, and entire Board, should understand that this has become a governance issue rather than simply a self-control or personality issue.

Encourage the Board to address it formally

Depending on the governing documents, the Board may be able to:

• Remove the individual from officer positions (President, Treasurer, etc.)
• Remove them from committees.
• Restrict them from serving as the spokesperson for the Association.
• Adopt expectations for Board member conduct.

Many Illinois Associations cannot remove a duly elected director from the Board itself unless the governing documents permit it or the owners vote to remove the director. However, boards can often remove someone from an officer position by Board vote while that person remains a director.

Limit opportunities for conflict

Until the issue is resolved:

• Have management handle resident complaints whenever possible.
• Ask residents not to engage with individual Board members.
• Require all communications to go through management.
• Hold meetings in structured settings.

If there are threats or violence, act immediately.

If the behavior escalates into:

• Physical intimidation
• Assault
• Threats of violence Harassment

then it becomes more than a governance issue. 

Management should advise the Board to consult association counsel immediately. Residents should also be encouraged to contact law enforcement if they believe they are in danger.

Consider your management company's exposure

Report the incident to the management company's owner or head of Association management. You also have an obligation to protect your own employees. If one of your staff members feels unsafe around this board member, or an Owner, you can establish internal policies such as:

• Never meeting with him/her alone.
• Have two staff members attend meetings.
• Holding meetings only at the management office or public locations.
• Ending conversations that become abusive. Just walk away.

If a Board member is abusive, no employee should be expected to tolerate threatening behavior - from anyone.

Ongoing Incidents

If multiple incidents occur and the Board refuses to act, you may eventually need to have a difficult conversation with the Board as a whole. It is reasonable to explain something like:

That shifts the discussion from personalities to the Board's fiduciary duty and risk management. Management does not discipline any parties involved in a personal altercation. Our duty is governance. Conclusion Document. Create a factual, objective record of every incident without speculation or personal conclusions. Notify. Inform the Board President promptly and, if necessary, the full Board and legal counsel. Don't keep serious incidents to yourself. Protect. Protect the Association, its residents, your employees, and your management company by minimizing risk, maintaining professional boundaries, and ensuring appropriate governance measures are considered. Document. Notify. Protect.

Conclusion

Document.
Create a factual, objective record of every incident without speculation or personal conclusions.

Notify.
Inform the Board member promptly and, if necessary, the full Board and legal counsel. Don't keep serious incidents to yourself.

Protect.
Protect the Association, its residents, your employees, and your management company by minimizing risk, maintaining professional boundaries, and ensuring appropriate governance measures are considered.

Document. Notify. Protect.

About the Author

Paul is a founding partner of PMI Service Group and has more than 24 years of experience owning and managing investment properties in the greater Chicagoland area, as well as in Indiana. Paul manages the Association side of the business today, working with HOAs, condominiums and commercial properties located across the Western suburbs from Homer Glen and Plainfield, to Yorkville, Sugar Grove, Elgin back to Lombard. His experience includes board governance, reserve planning, construction oversight, capital improvement projects, collections, and Illinois community association operations.

About PMI Service Group

Property Management

PMI Service Group manages residential rental homes, Associations, commercial properties and even commercial Associations. We also offer brokerage services for homeowners looking to sell their homes. We also conduct property acquisitions off-market, helping people who face foreclosure or private sales between real-estate investment clients looking to trim or add to their real estate portfolio(s). With many years of experience in construction, engineering, design, rehabs, investment property, property management and portfolio management, let's have a conversation about managing your Association.

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