In the 1920s during prohibition, people rendezvoused at speakeasys to imbibe illicit alcohol, dance, and to engage in open conversation. Despite the problems that followed prohibition, the 1920s ushered in new economic growth. Also, women enjoyed greater freedoms than previous generations. For example, the 19th Amendment guaranteed women the right to vote. It was a time of hope for a better tomorrow.
ontrast the 1920s to our current time and it feels like that hope has soured to anxiety, cynicism, and distrust. Although we certainly do not live in a dystopia like those depicted in books and movies, there is a general sense of acrimony pervading our society. It is perhaps most readily seen in our bi-partisan national politics. It can also be seen on a more local level; even in our community associations.
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Hopefully, divisiveness and enmity are not the norm within our community associations. However, the growing number of anecdotal evidence is concerning. So much so, that it is important to take a deep breath and reflect on how we, as community associations, relate to our neighbors and deal with issues. Perhaps, in the 2020s our “speakeasy” is not a place to go, but a concept to apply in relational living. In other words, we need to “speak easy” with each other to live in more neighborly and harmonious communities.
The governing documents (e.g., declaration, bylaws, rules and regulations, etc.) of an association establish the ground rules for the community. In a sense, the governing documents represent a more explicit social contract, like that espoused by Rousseau. Fortunately, we need not delve into political philosophy to understand community associations. We can deal with community association life on a more practical basis. We can simply look to the governing documents to see what members of the community ought to do and ought not to do. The governing documents also tell us what the association can do to ensure that members conduct themselves as they should. Of course, applicable statutes and case law are also a basis for establishing community social norms and enforcement rights. Governing documents and the law work together.
I am sure that we have all recently heard one or more stories about problems in an association in which people have become very hostile toward each other. Those problems arise in a multitude of situations. This article will focus on what a board can do to apply the “speak easy” concept.
First, let us expound a little on what is meant by “speak easy”. Broadly speaking (pun intended), the concept is about taking measures to promote civility
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within the community. Even when a board must take action to enforce the governing documents. It involves understanding the situation, understanding the people involved, and understanding the optional courses of action available. It involves giving preference to an incremental approach, not a zero to 60 approach, but also discerning when a more aggressive approach is necessary. It also involves recognizing that words do matter and how we speak to each other can have a profound impact on how a resolution can be achieved.
Enough floating around in the ethereal world of big ideas. Let us plant our feet on terra firma and present a situation about which we can speak more concretely. Eliza lives on the fourth floor of
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