December 13, 2007
Cold is Relative - Making Do In Challenging Circumstances
It's cold outside! In California, in Iowa, and especially all across the midwest. When I tell my friends and relatives in Iowa that I think it is too cold, I am sure they feel like saying "poor baby". 30 or 40 degrees seems like a heat wave when you are experiencing temperatures down around zero or below.
The point is - it's all relative - to your surroundings, your state of mind, to your attitude, to the perceptions of those around you, and last but not least, in this case, toward your willingness to layer on the clothes.
You may wonder where I am going with this. Life is full of experiences. I attended an evening board meeting the other night to discuss a document amendment project. The heater in the clubhouse was not working - the pilot light was out, maybe among other things. When I walked in three board members were there and it was really cold in there - and since we were going to be sitting for about 2 hours to discuss documents, it was not likely to feel any warmer as time went on. First, I offered to light the pilot light (yes, I have done that, and being a "midwestern girl", its something you just need to know). The Board President, a male, in a kilt (this is no lie) did not take me seriously and just kind of laughed it off - or pretended he didn't hear me, I was not sure which. I honestly thought about leaving. It was probably around 35 degrees outside and maybe 50 inside (no lie!). I thought to myself ... "a kilt and a jeans jacket... haven't seen that in awhile", and ... "I guess if he can take it, I should be able to, wiith my warm pants, warm sweater, sweater jacket, uggs, and warm scarf." So I, along with the others, powered through it until finally, one of the handyman owners came in and fixed the heater. Then it got very warm very fast (it was a small clubhouse) and we all started to yawn, feel toasty, and tired ... I was glad to get out in the cold.
Then, I got home and there was an email from my 80+ year old mother in Iowa. She is in the middle of one of the worst ice storms of the century.
She told me that about 45,000 people in the Iowa City area lost power when ice covered all trees and wires and branches. Whole trees crashed down with the weight of the ice. She was without power from 11 A.M. to 7 P.M. one of the days. She reminded me that she lived on a farm with no electricity when she was young, and that thought kept her content with what she had - her gas fireplace worked, and she keeps a battery operated radio and camping lantern and candles on hand because of the possibility of tornados. She got ready for bed piling on the warm clothes and blankets prepared to weather the night, but her power outage ended by 7 P.M. She said that after sleeping in an unheated bedroom in N.W. Iowa during her teen years on the farm, she remembered how they took heated bricks wrapped in newspapers to bed with them, and she was not frightened of a minor storm in the Iowa City area. She closed with this: "At least is not boring here."
Ice storms, sub-zero temperatures, non-working heaters, kilts for goodness sake ... should I continue to whine about a little drop in temperature to freezing and a cold clubhouse once in awhile? It is all relative isn't it?
Posted by Beth Grimm at 8:41 PM
November 10, 2007
A New "Twist" On The Clothesline
I have been reading up on the clothesline issue, just because I have an insatiable curiosity and determination to learn more on just about every subject pertaining to my area of the law, and have been asking people what they think about whether the sight of clotheslines are bothersome (or maybe more appropriately, what hangs on them). I was in Iowa recently visiting my mother, and I asked her this question. Always surprisingly up on matters relating to property (she was a realtor and property manager for about 45 years of her life), she said that Iowa City (a thriving metropolis and melting pot in the middle of the country where I was born) passed an ordinance declaring that clotheslines were an "attractive nuisance". This essentially means that if you leave a clothesline up in your yard and a running (tall) child or burglar hangs themselves up on it, you are guilty of a "tort" (no, that's not "tart" or "torte" )- in terms of the legal world, a tort is sort of like a crime but in the civil context, meaning you may have to pay for the commiting the deed - possibly pay dearly. You probably won't have to go to jail, but you may lose your life savings.
Now this surprised me, because I got my love of wind and sun dried sheets and towels and my mindset of equating laundry on the line with something good, having been raised in the midwest, where neighbors seldom complained about anything their neighbors do (yes, I mean just about anything). The openness of the backyards and friendliness of the neighbors talking across - well, there aren't even very many fences, was always appealing. And undaunted, many Iowa Citians have simply gone to a cement hole in the ground, covered in plastic for easy riding mower capability, with a portable "parasol" type of clothesline that goes up only when used for drying the day's laundry.
So, even in Iowa, the permanent backyard clotheslines has a somewhat negative connotation, at least in Iowa City, where the temporary student population "visiting" the University of Iowa for 3 or 4 years just voted down, much to the chagrin of my mother's generation, raising the drinking age to 21 (it's 19) and the college is grappling with a scary thing called "thirsty Thursdays" where students pile up their classes Monday through Thursday so they can have an easy Friday and extra night of drinking on the weekends. Hey, maybe the ordinance was passed to save the drunken college students who might be taking a shortcut back to the dorm. Who knows? All I know is that clotheslines are a delicate subject, maybe even more delicate than what one sees hanging upon one. It isn't all about the tree huggers vs. the snooty property dwellers after all.
Posted by Beth Grimm at 9:29 AM
April 30, 2007
Breach of Fiduciary Duty - Can An Ex-Board Member be Sued For it?
Here is a simple question asked by a reader: "May an HOA Association board president or member be held liable for gross fiduciary negligence (known and intended activities in violation of civil code and CC&Rs) after they are no longer a board member?"
The simple answer is: "Yes."
Posted by Beth Grimm at 9:39 PM
November 6, 2006
Flying Mac and Cheese - A Nice Break From The Realities of CID "Lawyering"
Sometimes its nice to get a glimpse of real life fun, even if you are a lawyer. I just felt like sharing this....
Ever gone out to dinner with your 1 and 3 year old grandkids on the night just before a meeting with a Board of Directors? All dressed up? I like spending as much time with children and grandchildren as I can, so if I have an evening meeting close to where they live, I try to meet up with my daughter and son-in-law and the kids for a quick dinner. Here's how it goes, flying mac and cheese while being serenaded by the song most recently learned by my grandson in preschool (tonight it was Happy Birthday). Sticky fingers, sticky faces and sticky kisses. Spoons flying every which way (with mac and cheese flying, dropping and some of it even making it into the mouth). A mad grab to get the salt and pepper, then the ketchup, then the menus, knives, forks and the other condiments out of reach just before the grab, first from one child at one end of the table, then from the other at the other end of the table. A game of 52 packet pickup with the sweetner packets. Broken crayons squashed into the top of the table and on the floor. And big bear hugs on the way out. My advice: take your rain poncho along! And come early, come often........
Posted by Beth Grimm at 9:52 PM
February 18, 2006
What Do You Do With An Obnoxious Board Member (Bully)?
What do you do when a board member or anyone else that "gets in your face", threatens you, or won't shut up even after making whatever point it is they are trying to make? This is a question that could be faced by an owner, other board members, and even the Association's service providers (manager, attorney, CPA, etc.) The "perpetrator" could be a man or it could be a woman.
Well, the simple answer is "Keep your cool!"
With that, you are more able to "tune them out", think of counter arguments (if its worth arguing with an idiot), gather yourself for the big comeback, or move on, without allowing that person to cloud your own thinking. It happened to me the other night. A candidate for the board who had just been elected and was already trying to bully a board into acting in a manner that was not legal got very heated when I opined that the law did allow what this person was proposing. This person began to argue that there was lots of information available on the web and that he/she had read on the internet that the board could do it. The other board members had no control over this outburst, and sort of collectively expressed great misgivings about whether they wanted to continue to serve with this kind of obnoxious behavior to look forward to. I silently sympathized with them, thinking "what a way to spend an evening each month." But someone had to bring a halt to scene. I was embarrassed for the instigator. I thought the person was making a fool of themselves. I simply said to the Board - and this person - "the Board has a choice, do you want to take legal advice from this person? Or from me?"
That brought things into perspective.
I believe the kind of conduct exposes the person (idiot I should say) as someone who has little professionalism and if allowed to bully others into submission, could do a great deal of damage to an association. In the person's defense, they were quite frustrated in their attempts to make something happen that was not a slam dunk favorable idea because of the cost involved. Still, frustrated or not, obnoxious behavior is not pretty or necessarily forgivable. I would hope that in any similar instance, conduct that exceeds a simple outburst of frustration would be viewed as immature and not worthy of respect.
If you know of a board member or owner, or a service provider, who acts out in this manner, there are various ways to deal with the conduct - in a legal and professional manner. (Of course, if you could just opt for sticking earplugs in your ears or placing earmuffs on your head as a symbollic measure. That might work and it is cheaper. Humor can work wonders if the timing is right.) The more serious remedies include (need to do legally - not necessarily per advice you find on the web, unless of course it is approved by your attorney) barring them from meetings and/or meaningful discussions on just about anything, or neutralizing their position on the board (see earlier blog about confidentiality issues) . The road to get there may be bumpy, and it could require an expenditure of money for the earmuffs or the right kind of help, be it someone in the legal profession or otherwise, but you do not have to put up with a bully. And resigning from service, although it might seem appealing, just leaves the bully in charge. That is never a good idea.
Posted by Beth Grimm at 3:49 PM
December 6, 2005
Keep an open mind! Judge People on What You Know About Them ... CAI IS A-OK!
I got an email the other day from a reader that loves the website and this blog, and is impressed with my level of knowledge and willingness to "give back" to the community. But the reader was in a quandry - the question: "Our Association hired _________ to write an amendment for our governing documents on the subject of ____________. We would like a second opinion but the attorney we hired is a CAI Attorney. Are you a CAI Attorney and if so, can you recommend a non-CAI Attorney? "
I am dismayed to hear that someone is spreading the mis-impression that all "CAI Attorneys" are created equal (and apparently that they cannot think independently). In case you do not know, CAI stands for Community Associations Institute. It is a National Organization with chapters in every state. The organization is a non-profit corporation that serves many functions. It is a grand source of education for all who manage, live in and offer services to homeowner associations all over the country. In fact, contracts have been let with the State in Florida and other states for the provision of classes in management training, board training and homeowner education. Classes are offered all over the country. The National CAI is a watchdog for federal legislation that is harmful to or can help HOAs all over the country. The website for CAI National is http://www.caionline.org. Check it out.
The statewide Chapters serve similar functions on a more local basis. I have served on the California Legislative Action Committee for 20 years. All delegates are volunteers and give service willingly, and without compensation.
Being a member of CAI is certainly nothing to be ashamed of. I am, and I have had the benefit of the collective brain trust of attorneys, managers, board members, homeowners, and others who serve Associations and provide service in the industry from all over the country for 20 years. I have written for the publications, taken all of the PMDP Management classes, spoken at various annual seminars (management, law, etc.) and served on National and local committees and on the Boards. I enjoy my affiliations with CAI as much as I do with ECHO (Executive Council of Homeowners in Northern California) and SCHOA (South Coast Homeowners Association) and the State Bar Real Property Section, the Contra Costa Bar Association Real Estate Section, the mediation groups, and other organizations geared to service of homeowner associations in California.
There are people who have good and bad, positive and negative, and painful experiences in the courts or otherwise (being on the right side or wrong side of the law). Many legal battles involve attorneys. Grudges can be formed. Some have formed such strong opinions that they feel compelled to condemn the entire lot of CAI members! And they are vocal, and get quite obnoxious in their presentation, leading others to question the thinking of any "CAI Attorney". Pitiful. Attorneys, of all people, are as different as night and day in their training, experience, treatment of legal issues, handling of problems, seeking of resolution, clientele, type and style of practice, compassion, age, experience, bias, and interests. Keep an open mind! Judge people on what you know about them, not what others advertise with brazen generalizations.
Posted by Beth Grimm at 10:03 PM
August 31, 2005
What Gets Ya Through the Day
Anyone who manages an HOA or practices law in this business knows that days can be trying; the job can be stressful, and anything you can do to relieve the stress is a plus. So I will share of few of my personal tips.
These are the little things:
I keep fresh flowers in the office - they are great relief for the eyes from all the paper, and if they smell good too - that's a bonus. I buy colored legal pads; yellow and white are dull and boring. I use sticky notes that come in various shapes and colors, none of the plain yellow variety. And I love the ones with sayings on them like "Don't ask me, I just work here." The funny thing is, the best I have seen are sold at my local car wash!
I use pens that light up when the point is out, in various colors. It brings a smile.
I keep a good, intriguing book on tape in the car at all times and listen to it most of the time while I am driving. I avoid talking on the phone as much as I can when in the car - I get enough of it in the office. The book takes my mind off stressful things, especially when I listen right up to parking and walking in the door of a meeting I believe could be stressful, and turning it on right after walking out of a stressful meeting. It keeps me from dwelling on what can happen or what just did. And I attend a lot of stressful meetings since I do a lot of dispute resolution and get involved in a lot of major reconstruction process meetings with Associations and their "team", presenting the "bad news" to owners.
I get up a lot and stretch in the office, and take a breath (and if the flowers smell, I take a whiff). I tackle the hardest things first thing in the morning when I am fresh, and save the best for the late afternoon when I start to fade. I run errands in my open jeep to get a breath of fresh air during the day - sometimes I just leave the office and go through the drive through Starbucks (yeah, I'm a fan), and get a nice cold drink.
Now for the hard part. Whenever I am dealing with a very difficult person, and they come in all varieties, I make it my challenge for the day to find a way to stay centered, and not react. I look for a way to make them see the good side of something, anything, work related or not. If they are making my job difficult, I look for a way to turn it around so they can get a taste of it. For example, I do many document update projects. I give an estimate for the costs based on a particular process. My process is pretty streamlined, but it can get derailed by someone who wants to wordsmith everything, change every sentence, change the order of things, etc. When I start talking about the increased costs that are generated by unnecessary rewrites and reproduction of the documents, ... well, you can imagine. So, when that happens, I just turn the electronic files over to the client and tell them they can make the changes themselves, and I will limit the time to reviewing the changes and commenting, that I will tell them if they have changed something in a manner that has legal ramifications, and I tell them the more changes they make, the more risk of having to change something back because I choose my words pretty carefully. This way, I get the project, which could otherwise become cumbersome, and the stress, caused by someone who just has too much time on their hands, off my desk.
I have other things woven into my daily practice, but I think the best and most powerful is that I love a challenge. And so I look at everything that comes in the door as if it were a challenge - to make the Board's job easier, to help the manager see the funny side, to help the board member put himself or herself in the homeowner's shoes or vice versa, to organize the pile, to catch the humor in some strange behavior, and best of all, at the end of the day to count up the number of people I helped, just because of what I know.
Give yourself a pat on the back once in a while - because others forget to do it. Most people are wrapped up in just gettin' through the day, and they come at you with "blinders" on, full steam ahead. When that happens to me - for the sake of lightheartedness -- I visualize a horse pulling an Amish buggy - have you ever seen one? That's a true case of having blinders on! It puts things in perspective.
Posted by Beth Grimm at 11:28 PM