Association leaders should maintain a multicultural approach
Some pundits suggest that, in retrospect, nothing positive came out of the '60s. As a product of that generation, I would strongly disagree, particularly in one area; tolerance and acceptance of those who are different from us. The white bread “Ozzie and Harriet” America to which the “greatest generation” came home after World War II would never be the same.
I recently attended a meeting of about 40 homeowners at which a number of people participated in an open discussion, and it seemed like no two people came from the same place or spoke with the same accented English. It is really fascinating to see so many different people from so many different places assimilate American culture and work within the bounds of a homeowners association.
In addition to other issues, it is another area that a board of directors must be sensitive to not just in conformance with political correctness, but to get members of the community to work together.
It is estimated that the U. S. population is approximately 294 million people with projections for 2050 at about 420 million. During that time it is estimated the Hispanic population will increase from 36 to 103 million. Asian-Americans are expected to increase from 11 million to 33 million. African-Americans will be about 61 million, up from 36 million. Even statistics for “other races” (Indian, Hawaiian, etc.) will increase from 7 to 22 million. Add to this an influx of non-Hispanic whites from traditional Western European nations, as well as the continuing tide of eastern Europeans, etc., and you truly have the “melting pot” that has been envisioned by sociologists for years. (Estimates obtained from Gregory Spencer, chief of the Census Bureau's Population Projections Branch, April 2004.)
In trying to educate homeowners about association living, here are some areas that may seem truly “foreign,” even to the native born, let alone foreign-born residents.
- Satellite dishes. Under the Telecommunications Act of 1996, association members and renters have the right to install a satellite dish on the property, subject to certain limitations. Although an owner may select a proper dish location within federal guidelines, they may also decide they need a second dish to receive a foreign language broadcast. More than one dish is not prescribed by the Federal Communications Commission. This is where negotiations are crucial to find a middle ground. A professional satellite dish company should be able to find a way to provide foreign language broadcasts with mainstream programming, or more than one person of the same ethnic group could share the dish if they are in proximity. Master dishes for each building that offer different ethnic programs are another option. Otherwise, the board and the resident still have a dispute that the association can win legally, but will only create disharmony in the community.
- Signs and communications. When a sizable percentage of residents speak more than one language, a board must consider that good communication is crucial to avoiding disputes and important signs discussing rules should be in more than one language. Also, newsletters, fliers and other important communications should be translated as well.
This topic makes a strong argument for association websites and e-mail communications where translation is technologically available with ease. There might be some who would argue “Why bother. Let them all learn English!” It would be easy for a board to bury its head in the sand, but it is almost equivalent to not having a handicapped parking space for a resident who uses a wheelchair.
The board of directors' main duty is not preserving the status quo. The board's primary job is to maintain the property and the only way that can be done is with everyone's cooperation.
- Holiday decorations. Growing up in the 1950s meant seeing a Christmas tree in every school. How times have changed! Although there are an estimated 160 million Christians in this country, there are at least another 20 million people practicing other religions, not including atheists. Not only do we have a diverse society culturally, but also by religion. (American Religion Data Archive)
In establishing rules and regulations governing holiday decorations, rather than concluding this is too complicated and prohibiting all holiday displays, why not consider offering a location where holiday spirit can be expressed, within guidelines. People can make an application to express their beliefs in a tasteful, size appropriate display. This is no different from having architectural rules and then having someone propose a change that had not been thought of by the rules committee.
- Social events. If a community has a diverse population, why not have a cultural festival with booths, games, music and food. What better way is there to learn about each other? There is no such thing as Native Americans other than American Indians. Everyone else either came from somewhere else or their forebears did, but how much do you really know about your neighbors?
- Flying the Flag. Section 18.6 of the Illinois Condominium Property Act was recently adopted so that boards of directors cannot prohibit the display of an American flag or military flag within the limited common elements or adjacent exterior to a dwelling unit. This applies to all associations. However, this does not authorize the display of flags of other countries. This is obviously a board decision, but again, there might be a way to accommodate a large minority with a single public display alongside an association authorized American flag or some other means of showing sensitivity.
The board of directors of an association has enormous power in the administration and maintenance of a community. With that power comes a sense of duty and responsibility. By working with various individuals and groups to make everyone feel welcome instead of treating people like aliens (extra terrestrials included,) a board can underline the term “community” in community association.
Jordan Shifrin is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. Send questions for the column to him at jshifrin@ksnlaw.com. This column is not a substitute for consultation with legal counsel. Past columns can be read at www.ksnlaw.com.