« January 2006 | Main | March 2006 »
February 28, 2006
The Annual Meeting (or do I really want to miss that re-run of "Everybody Loves Raymond")
Many moons ago, when condos were new to our state, (and HOA's barely a gleam in some attorney's eye), "March Madness" was not only a way of describing the NCAA basketball tournament, but it was also the way managers talked about Annual Meetings. You see, in the beginning, one law firm drafted almost all of the documents, using the same template for each one, and these were in turn copied by other attorneys who managed to shoehorn their way into the business. Every set of documents called for the Annual Meeting to be held on the second Tuesday of March. Managers had to scramble for opinion letters stating that they could hold it on some other day in March, or tried to amend the documents, but in the meantime, everybody worked an average 80 hour week during this particular month.
Times have changed, and the meetings are now spread around the calendar, but the meeting itself hasn't really changed much from what it was back then - a letter announcing it and calling for candidates, a scramble for a quorum, a few reports, a few thank-you's, some praise for the volunteers, some arguments about all kinds of things and a motion to adjourn, none too soon. Basically a snoozer, except for the arguments. I know, some associations would be happy with that, especially if your association meeting resembles the coliseum in Rome during Nero's reign and looking for the board's blood.
There have been a lot of articles written about ways to improve annual meetings and you really should take a look at them. They should be a celebration of your association's birthday (or anniversary), a chance to beat your chest about all of the hard work that's been done over the past year, and a public opportunity to thank every person who helped out during that year. Try using some technology to help. One management company has a PowerPoint presentation running when people start arriving, showing slides of people in the association enjoying themselves, jogging, walking around, at social events. It has photos of volunteers who did something special during the year, as well as noting things that occured, from maintenace items that went well, to people who are celebrating their 50th wedding anniversay. Its designed to set a positive tone for the meeting, and it gives people something to watch before the meeting starts, rather than discuss a work order that hasn't been done.
When the meeting starts, a new PowerPoint comes on, showing the highlights of the reports, and making sure every volunteer is mentioned again. If there is a major issue, the presentation rolls right into it, using images to help make the board's position more clear. It really helps focus the attendee's attention. In other words, its a useful tool that can help.
There are more ideas in the articles, all designed to make the Annual Meeting a positive experience for the owners, and that's all any board can hope for.
Posted by joewest at 12:19 AM
February 14, 2006
Dis-Association
In reading the media stories and sorting through some of the newly proposed legislation from around the country, I'm noticing an interesting trend -- the separation of the owners from the association. I don't mean that the owners are feeling alienated, although that's probably true in some cases. No, I mean that the legislators and media are somehow thinking that the association is a separate entity entirely, disassociated from the people who live within it's boundaries.
I guess its easier to reduce the association to an impersonal, corporate structure when opposed by an owner or legislator. If you see an owner on the news who is claiming an injustice against him by the association, he never says, "My neighbors, whom I elected, are out to get me". Its "The association is ruining my life".
Legislators pass laws to regulate "associations" never mentioning that the cost of abiding by that legislation will be passed on to the owners. Its easier if you're taxing corporations, not voters. And "associations" are not an organized group to deal with at election time.
It's like our complaints about "government" without clarifying what roles the leaders we voted for are playing in it, or our role in electing them. It's human nature.
Community associations really need to remind owners and everyone else that they are simply groups of people, trying to get along (most of the time)in a structure that is still struggling to find ways to deal with it's strengths and weaknesses.
Posted by joewest at 10:56 AM
February 7, 2006
It's the Crazy Season Again!
I took a little time off to try and find some sunshine, and that's what I found, a little sunshine. I returned to the Super Bowl madness around here, but for a change, nothing but good news about my home town. I can't say the same for the news around the country - it's crazy season again - the legislatures' are in session!
Arizona, which won the "Most Stupid Proposed Law" for 2005, is already in the running for 2006. Senate Bill 1008-472R proposes "Limits an HOA’s ability to foreclose on a lien for assessments to liens which totals $5,000 or more in unpaid assessments." Given the fact that many HOA's assessments don't exceed $250 annually, an owner can go 20 years without paying his fair share and not worry about it. Let's re-name this the "Deadbeat's Heaven" law.
Arizona is also proposing to overide local decisions by requiring HOA's to allow the outdoor flying of Service flags, (how come no one ever fights to fly a state flag); allowing municpal utility employees to park their city-owned vehicles in driveways or streets; limits the cost of providing HOA records to homeowners to $20/hour and $.20/page; and, in another bill, requires the documents to be made available in 10 business days (and only charge $.15/page), and will remove the issue of discussion of potential litigation from the conditions under which a board may close a meeting or withhold records.
Whew!, they're going to be busy.
California, feeling bad that Florida got an ombudsman before they did, is now proposing one for themselves. (If it makes you feel any better, Florida's ombudsman was quoted as saying that reserve funds were just an invitation for board abuse). Besides, California is still trying to figure out how to implements last year's laws, without breaking their budgets with legal opinions.
Colorado is having the same problems, how to implement last year's laws, but is trying to at least clean up some of the mess left behind.
Hawaii's looking at so many changes I'm just going to refer you to a local blog.
It's still early in the year, so I imagine we're going to see a lot more in a very short time. Watching this every year reminds me why old sayings never seem to go away, the "squeaky wheel" does get the grease.
Posted by joewest at 11:05 AM