One of the most challenging responsibilities of a community association board is deciding when an exception is appropriate.
A board may receive a request that seems reasonable under the circumstances.
Perhaps an owner asks for additional time to comply with a covenant.
Perhaps an architectural request doesn’t quite meet the guidelines but appears harmless.
Perhaps there are unique circumstances that make strict application of the rule seem unfair.
In situations like these, it’s natural to focus on the request immediately before the board.
But it’s equally important to ask another question:
If we approve this request today, how will we respond when a similar request comes before the board six months from now?
Boards have a responsibility to treat owners fairly and apply the governing documents consistently. That doesn’t mean every request must have the same outcome. Different facts can justify different decisions.
However, when making an exception, it’s helpful to think through questions such as:
What makes this situation different?
Can we clearly explain why this decision is appropriate?
Will this decision create expectations for future requests?
Taking a few extra minutes to discuss those questions often leads to stronger decisions and helps boards explain those decisions if they are later questioned.
Sometimes the right answer is still yes.
The key is making sure the board understands why the answer is yes.
Today’s exception can become tomorrow’s expectation.