Enforcing Building Rules and Policies: A Necessary Task for Board Members

Dear Mary:

I’m struggling with a troublesome dynamic on our board. Our directors don’t seem interested in enforcing building rules and policies. We know we have residents who are not complying with them, but directors are reluctant to say anything even when they witness rule breaking. They may know that a shareholder has an illegal grill on the balcony, but they don’t want to “tell on” that person. I’m not sure how they think this is supposed to work! Any ideas?  

— Unenforced in Union Square

Dear Unenforced:

The dynamic you describe is troublesome. And it’s bad for your building. But it’s neither unusual nor inexplicable.

Consider the language we have for reporting wrongdoing. It’s overwhelmingly negative. Tattling, snitching, ratting someone out. From the time we’re very young, we’re told not to do this. And the negative connotations continue into adulthood. For example, we’re horrified to learn about societies that encourage their citizens to inform on neighbors and even family. But there’s little discussion of the difference between deliberately trying to get someone in trouble and stopping behavior that’s harmful or unfair to a larger group.

Given this kind of socialization, it’s no surprise that many of us shrink from the idea of letting an authority know that someone is breaking the rules. But you need to know of transgressions in your building when they happen. Otherwise your rules and policies are pointless. Here’s a possible approach to your dilemma:   

 Ensure a good foundation. Are your rules and policies reasonable? Do you have board consensus around them? Have you communicated them to everyone who needs to know? If not, you’re unlikely to make much progress.   

Acknowledge discomfort. Bring possible concerns about “informing” out into the open. Let your directors know that it’s normal to feel this way. Then immediately move to reframe it.  

 Reframe. Clarify that the aim here is not to get anyone in trouble. Instead, it’s to ensure the effectiveness of rules and policies designed to protect the building and all residents. Remind directors of a shared interest in ensuring everyone’s safety and quality of life and the building’s financial and legal health.

 Remind directors of their duty. Directors have a responsibility to the entire building, not just some individuals. When making any decision, they need to be thinking of the greater good. Appeal to this higher purpose.

 Clarify what happens without enforcement. How do shareholders react when they see that you’re not enforcing a rule? They assume you aren’t serious. They conclude that you can’t spot rule breaking. Or they believe you’re giving some people preferential treatment. So they feel justified in ignoring the rule. And lack of compliance is just one result. You also erode trust and undermine your own credibility as a director. And you create a perception of unfairness.

Make it easy. What should directors do if they know that someone is breaking the rules? Create an easy way for them to get that information into the right hands. Determine who has the right hands for various situations. (Your managing agent? Your attorney?) Establish a process for the next steps in enforcement.    

Lead by example. Be a role model for the approach you want your fellow directors to follow. If you see something, say something. And let the directors know how you handled it.

Our society has deeply held norms around reporting on others’ behavior. It may take considerable time and effort to get directors comfortable with a new approach. But rest assured that you’re doing the right thing. 

Mary Federico serves on the board of her 240-unit Upper West Side condominium. Through her consultancy, Organizational Behavior Strategies, she helps leaders use behavioral science to improve their organizations.