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(PDF)
IS GOOD COMMUNICATION
THE ULTIMATE
MANAGEMENT TOOL?
 Managing
a
property
or
group
of
properties
is
hard
work.
Today’s
community
managers
are
expected
to
juggle
several
priorities
at
once.
Uninformed
association
members
may
think
success
happens
by
itself,
but
failure
is
the
responsibility
of
those
in
charge.
When
all
goes
well,
residents
simply
enjoy
their
properties,
but
when
there
is a
problem,
the
manager
usually
takes
the
heat.
Problems
take
on a
communication
methodology
all
their
own.
Depending
on
the
severity
of
the
issue,
you
can
expect
everything
from
simple
rumors
to
angry
homeowner
petitions,
which
can
even
magnify
the
problem.
(In
case
you
hadn’t
noticed,
nothing
spreads
faster
than
bad
news.)
Also,
depending
on
the
severity
of
the
bad
news,
a
manager
can
lose
an
otherwise
viable
client.
read
more
(PDF)
The Association
Calendar
. . . Your Guide to Important Dates
As board members change from year to year, it can be difficult to keep track
of due dates for various association responsibilities . . . such as when the
association audit should be completed, when the sprinklers were last checked,
when the annual meeting should be held according to the governing documents, or
when legal notices should be sent out. A great deal of time and money can be
wasted by searching for this information each year and some of these items may
be delayed or forgotten in the process. An association can avoid this by
creating an association calendar that lists important tasks and due dates.
Providing this to the management company, new managers, new board members and
retaining a copy with the association documents keeps everyone up to date and
better informed.
read more
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Should Condo Owner's
Easement Rights be Subject to Community
Gloss
Easement to conduct “repairs” on
appliances within units gives to unit
owner the right to push venting system for
clothes dryer (originally installed
unlawfully by developer) through common
element wall to vent to outside, as
required by building code, without
compliance with Declaration provision that
association consent must be sought for any
modification of exterior.
Garfunk v. The Cloisters at Charles, Inc.,
Md. C.t App. No. 79 (4/13/06)
read more
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The Insurance Mystery
Where Does the Association’s Responsibility
End and the Homeowner’s Begin?
 Do
you remember that large pile of documents
and papers you read when you closed on your
condominium? Do you remember how clearly you
understood what insurance responsibilities
the association would assume and what you as
a homeowner would assume? Do you recall
thanking all those professionals for
clarifying all the issues so you could sleep
well at night? If your answer to these
questions is yes, I congratulate you as one
of the fortunate few who truly know what he
or she is required to have when they move
into a condominium or other community
association where certain homeownership
rights are held in common with others.
read more
(PDF)
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Condo or not to Condo: the NOISE issue
When considering condos there are several
important items to research and consider.
One is noise. If you're not on the top
floor, can you hear your upstairs neighbor,
and if so, how much? Some buildings are
built so poorly that normal walking upstairs
actually shakes the lower apartment. Other
buildings you can't hear anything when the
person upstairs is jumping up and down. You
might think you're in the clear if you
purchase a top floor unit, but if you buy
into a building that actually shakes, your
downstairs neighbor will be knocking on your
door within the first 2 weeks of your
purchase suggesting that you buy slippers,
extra rugs, and in some cases will be
downright belligerent or ignorant of the
fact that it's not your fault simple walking
is so noisy.
read more
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Industry News
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Popular Management Company CEO Retreat
is June 22-24
There's only one place in
2006 where management company executives
from across the country will gather to
address critical business development
issues—CAI's 19th Annual CEO-MC Retreat,
June 22-24, at the scenic Fairmont Miramar
in Santa Monica, California.
Becker & Poliakoff Posts Online Condo,
HOA Hurricane Preparedness Checklist In
Advance of 2006 Storm Season
Becker & Poliakoff, a diversified
commercial law firm with more than one
hundred attorneys in fifteen offices
throughout Florida, today announced the
posting of its online "2006 Community
Association Hurricane Preparedness
Checklist" to help condo, homeowner and
other community associations statewide
prepare to protect their properties and
residents during the upcoming 2006 hurricane
season.
The Association of Condominium
Managers of Ontario new website has arrived
he Association of Condominium Managers of
Ontario is very proud to announce the
launching of their (ACMO) new website (www.acmo.org
) that went live in late April 2006. They
had two objectives when they set about to
re-design the website. First they wanted to
bring the look and feel of their site in
line with the new Acmo logo. A quick visit
to the site will confirm that they have been
able to achieve that objective. Second, they
wanted to provide increased functionality
for their members and visitors.
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Recent Articles From Around the Web |
Surviving Each Other: the Art of
Communication
Communication is a lost art in some HOA's.
The majority of people just are lacking in people
skills. They might be in a hurry, frustrated, impatient,
uneducated, or harried. Volunteer board members tend to
get more criticism than praise, and often find
themselves spending much more time than anticipated on
association business. Then along comes a curious,
tenacious and sometimes downright abusive or offensive
owner who makes what seem to be unreasonable demands.
Sometimes the shoe is on the other foot and an owner
suffers at the hands of an overly egotistical, power
hungry, or just plain tired board member.
The title says it all, communication is an art form.
When you mention "communication", the name has a warm
touchy-feely connotation. Seems like there should be a
"community" of some kind involved. Some form of
fellowship, something in common.
read more
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Beware of Dogs!
Requests for Comfort Animals Could
Bite Homeowners Associations
Jayne and Ed Elebiari said their dog
“Pooky” helped them cope with the
debilitating depression from which they
both suffered, and asked the board of
their condominium association to waive the
community’s “no-pet” policy so they could
keep their tiny companion. The board said
no – a decision that cost the association
$12,500 in damages, awarded by a court
that found the association had improperly
denied the Elebiaris’ request.
Following similar logic, a Michigan court
ordered a cooperative community to pay
$14,000 in actual damages and $300,000 in
punitive damages for refusing to allow an
owner to keep a dog she said provided her
with essential emotional support. In both
cases, the courts were interpreting the
federal fair housing laws (and parallel
laws in many states), which require
homeowner associations to offer
“reasonable accommodations” to residents
suffering from a disability. The federal
Fair Housing Act defines a disability as
“a physical or mental impairment that
substantially limits one or more major
life activities.”
read more
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News From CAN
[Best Viewed
in HTML]
California Condo Guru Blog hits #1 on Google
It may not last long
but at least for a while Beth Grimm's "California
Condo & HOA Law" blog was ranked #1 on
Google for the search "HOA Law". (#8 for "Condo Law)
CAN has been proud to host her blog and its nice to
see her efforts pay off. Beth is a
prolific author and also wrote the lead article this
month on communications. We can host your blog also
at no cost. Contact us.
Home
Page Changes
We've made some
changes to our Home Page. In our insane effort
to pack as much timely information into as little
space as possible, we've expanded the News, Industry
News and Blogs to keep you posted on the latest
happenings around the country.
Check it out.
Pass this along
Do you know someone in your office or
association that could use the information
that is in this newsletter? Why not
forward them a copy? The subscription
is free and we
don't sell, lease or give out the mailing
list.
State Directories and ads
We're still working on the
state directories, and have added some more on-line.
We've also made some changes in our advertising
rates and policies.
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Risk Assessment and
Careful Planning Can Identify Problems and
Help to Avoid Them
Announce a meeting to
discuss ideas for improving security in your
community association, and odds are it won’t
attract many owners, unless that invitation
comes after a break-in or assault on your
property, in which case you can pretty much
count on a standing-room-only crowd. Human
nature being human nature and community
associations being community associations,
security issues don’t always get much
attention, if any, until a problem surfaces.
A resident is assaulted, a car is stolen,
homes are vandalized, and owners demand
action – NOW!
read more
OH! The Places You Can
Go!
Where can I go in this business? What are my options? I
get asked these questions often by managers who want to
stay in the industry, but no longer want their “plain
old” job. It may sound funny, but the answer to those
questions can be found in a children’s book, “Oh! The
Places You’ll Go!” By Dr. Seuss. For young people it is
meant to be confidence building for there really are
places you can go if you put your mind to it. The story
line may be simple, yet to adult ears, its words about
growing, changing and dealing with life’s hard earned
lessons resonate with profound wisdom. So I guess we
need to ask ourselves some questions and then make a
plan because you really do have “… brains in your head…”
read more
Reserve Funds
The Accuracy Fallacy
"Don't use a scalpel, when a
meat-axe will do". Kind of a grisly
expression, right? But its message is right
on. It speaks to the quite common confusion
between precision and usefulness. Not to
mention that unnecessary precision can
consume a lot more time, effort and money
for no improvement in results.
This article is all about the fairly common
belief that exact-looking numbers are
somehow "better" than round numbers. Or that
being "out" a little bit from the exact
answer will somehow lead to all kinds of
unwanted consequences.
read more
DOES YOUR ASSOCIATION
NEED A LEGAL CHECK-UP?
Every one knows that a medical check-up
can identify and prevent a problem from
developing into a major illness.
But, did you know that a legal "check-up"
can also be a good idea in order to
prevent a small matter from developing
into a major and expensive legal problem?
Condominium and homeowners' associations
suffer from common legal problems. If your
association has any of the following 12
common "symptoms" it might be a good idea
to get a check-up:
read more
References, resumes
and interviews useless at predicting
success
A poll by Cranfield School of Management
found that a whopping 86 per cent of HR
managers who take up written references do
not find them useful predictors.
A further 78 per cent who use panel
interviews in recruitment and the 67 per
cent that use CVs do not find them
indicators of future success either.
More advanced selection techniques,
traditionally thought to have more
validity, do not fair much better, with a
high proportion of those polled having
similarly negative views on
competency-based interviews, assessment
centres and psychometric tests.
read more
Selection and
Contracting of Service Providers
A comprehensive written
contract between a community association
and each of its service providers should
include many components. Each of these key
provisions are necessary to clarify the
agreed upon terms and conditions of the
contract, and for the protection of both
the Association and the service provider.
read more
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Board of Directors Duties and
Liabilities
Congratulations! You've just been made a
member of the board of directors. Your new
position, whether of a for-profit
corporation or a non-profit entity, is
both prestigious and well respected. By
the way, did anyone describe your duties
or the fact that you may be financially
liable for your actions? Boards of
directors must have the authority and
discretion to manage a business
successfully. At the same time, however,
wrongdoing by directors must be prevented.
As a result, a balance must be made
between a board of director's protection
and its accountability.
read more
Nonprofit D&O Essential For
Homeowners', Condo Association Boards
Perhaps nowhere else is the motivation for
getting involved so strong as with boards
of directors of nonprofit homeowners' and
condominium associations, an important and
growing segment of the for-profit and
nonprofit D&O marketplaces. We place great
emotional and financial stakes in our
residences. So who wouldn't want to get
involved in order to build a better
community, help maintain and enhance
property values, have a say in how things
are managed, or just meet the neighbors?
But the directors and officers of these
nonprofit association boards could pay a
steep price for good citizenship if a
lawsuit comes calling and the board does
not have the proper insurance coverage in
place.
read more
The HOA
Rule Game
 The
issue of rules in homeowner associations is
one that can trigger a wide range of
responses. While most HOAs require little
rule enforcement, there are some that seem
rule driven or inhabited by
I-eat-rules-for-lunch residents. This
combination is a formula for trouble. That
said, there are some recommended approaches
to effective rules compliance that every HOA
should consider. Jim Comin of CDC Management
in Seattle has come up with some examples of
Good vs. Bad when it comes to rules
compliance:
read more
Minutes -
A Few Practical Pointers
When preparing the minutes for your
Association board meetings it is important
to remember a few key points.
Minutes are to reflect the motions made at
the meetings. You need good note taking
skills and you need to be organized when
preparing the minutes. The following
indicates items that are to be included in
the minutes, along with action items and
motions that may be helpful:
read more
Watch Out! Your
Association's Suspension Of Corporate
Status May Bite You!
 I
have been asked on many occasions in
recent weeks to provide an attorney
opinion letter so that homeowners'
associations can get a loan for
reconstruction costs of various natures.
As part of this process, my checklist
includes checking with the Secretary of
State to make sure that the association's
corporate status is "active" as opposed to
"suspended". If the association's
corporate status is "suspended", this
needs to be taking care of right away. The
Corporation is not entitled to enter into
a contract if it is not a valid, active
(meaning state status) Corporation.
(Although written for California, this is
important for every incorporated
association.)
read more
Erosion Control for
Landscape Installation
Landscape contractors need to consider many
factors in planning a new landscape
installation. Erosion control is important
on all landscape jobs, but of particular
concern for landscaping on hills, slopes and
any uneven ground.
The action of wind and water on our
environment has created works of outstanding
natural beauty. Standing on the rim of the
Grand Canyon, visiting Zion National Park or
marveling at the sculptured bluffs of the
California coast can be awe inspiring.
However, when this same wind and water
brings the newly landscaped backyard
hillside down into your swimming pool it can
hardly be described as emotionally
uplifting.
read more
HOW TO GET ALONG WITH YOUR CONDO
NEIGHBORS
A condominium association is in essence
and in fact a business. The association
receives income from receipt of
assessments and expends funds for the
maintenance and upkeep of the commonly
owned property. While the condominium is
not ordinarily a for-profit organization,
it is and must operate like a business,
run by elected representatives entrusted
with making most decisions.
read more
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News From Around the Country
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VA: New Money for Aging Amenities.
When Lake Ridge in Prince William
County and Reston in Fairfax County
were built in the 1960s, they were
among the first and largest planned
communities in the nation.
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Car Enthusiasts Turn to Condos.
David deMartino just bought a
760-square-foot, one-bathroom condo
for $212,900 in the booming market of
Fort Lauderdale, Fla. He's already
ordered custom flooring and cabinets
and a flat-screen TV, but he has no
plans to move there.
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MI: Woman gets prison for forging checks . TRAVERSE
CITY — A local woman is in a downstate prison after she admitted
forging checks from a condominium association for which her son served
as treasurer.
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MA: Some condo association policies,
decisions irk year-round homeowners.
For many in Provincetown, home ownership
is about as likely as finding a pot of
gold at the end of the rainbow. That's why
Maria Marelli was so excited when she
closed on a small condominium cottage in
the far East End of town. Sure, it was
only 400 square feet. But it was hers and
she wouldn't have to move every six months
like so many in Provincetown do in search
of affordable housing.
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AZ: Solera newsletter becomes prime
information source. The newsletter
started by Del Webb, meant as a marketing tool
for new residents, has become the community's
prime source of neighborhood news since a
committee of volunteer homeowners took over its
publication from the developer last summer. The
Dreamcatcher now is a 46-page product with color
ads from doctors, real estate firms and
restaurants. Stories range from HOA matters to
upcoming events. It also has a social page
consisting of photos from in-house pageants,
dinners and plays.
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FL: Unwanted guest in HOA pond.
Homeowners in a DeLand subdivision say a
four-foot alligator has taken up
residence in their retention pond and
they want it gone.
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FL: Don't force board to be too
stingy. As reported in last
week's column (Storms have implications
for condo associations, May 11), the
start of another hurricane season in
Florida has, with good reason, garnered
more attention than in years past. The
fallout of the 2004 and 2005 hurricanes
is perhaps just beginning to manifest
itself. From ever-shrinking availability
of coverage to astronomical insurance
rate increases, Floridians are becoming
increasingly attuned to the economics of
Mother Nature's vagaries.
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AZ: 3 HOA bills become law. The
Arizona Legislature passed three homeowners
association bills regulating charges for records,
flags in communities and vehicles parked on
streets.
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Condominiums Using RFID to Keep Access in Check. MacArthur
Village, a 612-unit condominium complex in Southern California, is
moving from a manual gate entrance system to an
RFID-based
automatic vehicle identification system, which it hopes will alleviate
abuses of parking privileges and improve security at the facility.
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TX: Mixed-use developers create open
spaces for community.
Increasingly, consumers and tenants
expect more from retail, office and
residential properties. They're seeking
an experience. Developers of mixed-use
space realize that patrons spend a great
deal of time working, living and
shopping in the areas they create.
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AZ: Some HOAs Pay Residents to Spy.
Homeowners Associations want you to spy on
your neighbors. They are taking the
neighborhood watch to a whole new level. The
story begins with the end of the leash. It
wasn’t there on one walk around a Mesa
neighborhood, and the next day the condo owner
got a couple hundred dollar fine.
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Brockton, Mass. Becomes Home to First 100%
Solar Condo Project in New England. A
$6 million project breaking ground this
week in Massachusetts will be the first
all-solar new condominium construction
project in New England, according to
Johnson Square Builders, the developer.
Each of the townhouses at Johnson Square
Village will have its own designated PV
(photovoltaic or solar) systems that will
save residents nearly $600 a year on
energy costs.
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AZ: Mentors would 'adopt a neighborhood'. Chandler
officials are testing the idea of pairing
neighborhoods in a mentor program so they
can help each other work through
organizational issues. This would entail
recruiting successful homeowners
association (HOA) boards to meet with
struggling HOAs or representatives from
non-HOA traditional neighborhoods. The
point would be for an established
community with a proven operational system
in place to mentor a novice board or group
of residents trying to organize
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TX: Looking for Cheap Dirt
It ruins your whites. It mucks up your
car. You can't eat it.
You can't wear it. Around here, you
can't even grow much in it, not without
being a shameless water hog. But as the
old saying goes, they're not making any
more of it – and that's why local
discussions of affordable housing so
quickly turn dirty.
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Kentucky Derby winner returns to condo
stall. "We
operate under Maryland condominium law,"
said Sandy Goswell, manager of the Fair
Hill training center. "We have bylaws
and declarations. Each stall is a
condominium unit. It's a little bit
strange."
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VA: Leeds dispute reaches biblical proportions
. "Let
My People Go."That's the banner Cliff and Michele
Krainik hung above their 214 East Lee Street
driveway – well, recant that. The banner is there
and it was hung by the Krainiks, but whether
access to the driveway can rightly be called
"theirs" is still up in the air.
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