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Open Lines: Communication is the Key to a Successful Community
Nobody knows who said it, but it speaks volumes: "If we don't take care of
our customers, someone else will." Think about it this way—we just passed the
holiday season. When you were in the store doing your holiday shopping and no
one was available to wait on you and get you what you need, what did you do?
Perhaps a store manager finally ran by telling you how busy they are, and
promised they'd get to you soon, but they didn't. Eventually, if you're like
many people, your patience wore out and you left to give your business to
another store. If this scenario happened while you were in a restaurant, you
might, once again, walk out and take your hunger elsewhere. Laura Baddish, a
Passaic County, New Jersey resident, knows that when she has a problem in her
building she should contact the management company. When a particular repair and
billing issue of hers was not resolved, she took her complaint to a higher
authority—her board of directors. Unfortunately, she didn't get the response she
had hoped for there either
Read more
HUD and Justice Release New Guidance on 'Reasonable Modifications'
New guidance released this week by the Departments of Housing and Urban
Development (HUD) and Justice (DOJ) reinforced the right of persons with
disabilities to make "reasonable modifications" to their dwellings if a
structural change to their dwelling or to their dwelling or to a common area of
the building or complex in which they live is needed so that they can fully
enjoy the premises. The guidance is designed to help housing providers and
homeowners' associations better understand their obligations and help persons
with disabilities better understand their rights regarding the "reasonable
modifications" provision of the federal Fair Housing Act (FHA).
Read more
Directors vs. Officers of the Association – Clarifying the
Misconceptions
It truly amazes me how the very individuals that voluntarily take on those
positions and responsibilities misunderstand the Director vs. Officer concepts.
Over the years I’ve come to the realization that it is often less effort to
simply prepare and present a recap similar to that, which follows. Please keep
in mind that this work is prepared within the context of a specific Association
and its governing documents, as well as prevailing law, in this case the state
of Arizona. Directors vs. Officers At the expiration of the Period of Declarant
Control the Members elect the Directors to the Board of Directors of the
Association. Those Directors elect the Officers of the Association. The
Association acts through its Officers and agents. The Board of Directors makes
the policies for the Association, but the Officers and agents carry out these
policies and administrative functions for the community. Some of the Officers
are clerical while others carry out substantive functions based on policies
established by the Board of Directors. All of the officers have an affirmative
obligation to act with utmost good faith towards the Association and cannot deal
in the funds or the property of the association to their own self-advantage. The
Bylaws of the Association require a President, Vice President, Secretary, and
Treasurer, and allow for other positions as determined by the Board of
Directors. The following will serve to highlight the powers and duties of the
Board, the duties of the Officers, and how those positions are assisted through
the delegation of some duties to the management agent
Read more
A Look at Archaic Bylaws
On a classic episode of the TV show The Simpsons, the town read its founding
charter only to discover that the mayor of Springfield was supposed to get two
pigs every year. While there are probably no co-op or condo documents in effect
today that deal with pigs, the point is that if bylaws and house rules aren't
read and updated, sometimes, silly things can slip through the cracks. It's
important for any co-op or condo to have a clear set of rules and bylaws to help
govern the building, and because times change, as do community standards,
attitudes and populations, bylaws do get out of date. This means that rules and
regulations that once made sense, or that reflected the morals and standards of
their day, can become antiquated, irrelevant or just plain silly as the years
pass.
Read more
Performance Analytics to Quell Performance Anxiety
Condo-association president Richard Campbell would probably agree with the
approach of deadpan detective Joe Friday on the old Dragnet TV series. Whenever
a witness veered off on an emotional tangent, he steered her back with a
much-parodied catchphrase: "Just the facts, ma'am." And Campbell is after "just
the facts" about the operations of his building — using a standard big-business
tool that's still new to co-op and condo management. It's called
performance analytics, and its purpose is to measure objectively the workings of
staff, management and even boards. It was instituted at Campbell's condo, the
47-unit 129 West 89th Street in Manhattan, by Georgia Lombardo-Barton, executive
vice president at Morton Andrews, who took over management of the property
around fall 2007.
Read more
Disaster Recovery Plans and Insurance for Small Businesses
Of all businesses that close down following a disaster, more than 25 percent
never open their doors again. While there’s no way to lower the risk of a
natural disaster like a hurricane, there are critical measures that can be taken
to protect your company’s bottom line from nature’s fury. A disaster plan and
adequate insurance are keys to recovery, particularly with this year’s active
hurricane season, says the Insurance Information Institute (I.I.I) and the
Institute for Business & Home Safety (IBHS).
Read more
Digital Documents
We all know that technology has affected the way property
managers work. In an industry that has traditionally been paperintense, it would
be hard to find an aspect of our business that has changed more than the way we
manage documents. After years of sending documents via the U.S. Postal
System or overnight delivery, fax machines made it possible for us to share
printed information in just minutes. More recently, the use of scanning
technology and PDF documents have become more of the norm. This trend, combined
with the use of computers, e-mail, electronic storage and web portal technology,
has resulted in “real time” access to documents 24/7 worldwide.
Read
more (PDF)
Remodel Rules, Remodeling Checklist, and Contractor Agreement
During the last three years, I have experienced a significant increase in the
number of unit remodels. A good number of these unit modifications were
initiated without proper approvals, by new or maverick owners who, more often
than not, did not fully understand that they own a condominium and that there
are rules that must be followed. Clearly, such owners need to be made aware that
there are rules are in place for a number of reasons, including promoting the
cohesiveness of the condominium community as well as protecting the value and
integrity of each individual’s investment. Some owners do balk at such rules,
but they need to understand that communal living differs significantly from the
individualism that can be practiced by owners of single-family homes. The Hawaii
Court of Appeals stated it succinctly: “The uniqueness of the condominium
concept of ownership has caused the law to recognize that each owner must give
up some degree of freedom of choice he might otherwise enjoy in separate
privately owned property.” As a manager, one tries to be proactive to circumvent
unnecessary melodrama and to help owners understand and follow rules before they
are broken.
Read more
Checklist for Creating Good Rules
When writing rules, boards should use simple concepts and words. If residents
understand rules, they’re more likely to comply with them. For example, board
members may attempt to lend authority to their writing by inserting complex
legal terms. Though rules should have a solid legal basis, those who read them
must be able to understand them. Few residents would understand the meaning of
“Section 35.641 of the Code of the City Municipality of Pleasantville is hereby
incorporated by reference.” The following six characteristics of good rules
will help board members avoid the traps of complexity and misunderstanding.
Read more
Mediation: Steps For Success
More and more associations are turning to alternative dispute resolution as a
means of resolving disputes within their communities. One form of alternative
dispute resolution used quite frequently is mediation, which involves submission
of a dispute to a trained, disinterested, third party (called mediators) for
assistance with discussions between the parties, and hopefully resolution.
Mediators’ roles are those of fair and impartial facilitators with no personal
stake in the outcome of a dispute. Their job is to promote discussion and
openness between the parties and to keep their attention focused on resolution
of the dispute. Although mediation can be a non-binding method of resolving
disputes (unlike arbitration or litigation), resolutions reached during
mediation are typically memorialized in written agreements signed by and binding
on all parties involved.
Read more
How to Build a Better Office
According to a recent survey by Gensler, the prominent corporate architecture
firm, half of all employees say they would work an extra hour per day if they
had a better workplace. So why do so many companies maintain dark, cramped,
ugly, or poorly designed offices? Studies show that a well-designed office is
one of the easiest and most cost-effective ways to retain workers and make them
more productive. General Electric, Microsoft, and major West Coast insurer Group
Health are just a handful of major organizations reaping the bottom-line
benefits of smart, worker-oriented designs. Read on and we’ll explain how
companies of any size can use a remodel or relocation to pump up performance and
profits.
Read
more
Forecast: Perfect storm of financial problems, but no recession
Fear of imminent economic recession may be a self-fulfilling prophecy, according
to the latest Anderson Forecast report by University of California, Los Angeles
forecasters. While the report by Edward Leamer, director for the forecast,
clings to earlier predictions that the U.S. economy will avoid a recession in
the short term, it also details the dangers that are stressing consumers and
challenging the economy.
Read more
 [We
forgot to include the link last issue, so here it is again, with link]
Can't
Get The Interview? 3 BIG Reasons Why
Last month we discussed resumes, and how a well-executed resume is going to be
key to obtaining an interview. For this month’s discussion, let’s assume the
quality and format of your résumé is stellar: No typos, correct acronyms,
professional email address, etc. You send it out diligently and wait patiently
for responses. But you just can’t seem to get an interview. There are several
reasons why this may be, but let’s talk about the top three reasons that I see:
Your career path thus far, your qualifications and your location. Let’s talk:
Read more
Law & Legislation in the News
FL: Buyers lose unbuilt condo profits case Condo buyers who sued a
developer over an abandoned project cannot recover potential profits if their
units had been built, an appeals court has ruled....
MN: Troubled Sexton now caught up in fraud probe The Sexton, a
downtown Minneapolis condominium development already caught up in foreclosure
and a tangle of lawsuits among its partners, now is at the center of a mortgage
fraud investigation by the U...
ID: Second suit filed over roof slide Another negligence lawsuit has
been filed over a snow and ice slide from a condominium on Schweitzer Mountain
which seriously injured at least two people last year....
CT: Condo owners seek more power Lawmakers are trying to provide
a way for the state to investigate complaints lodged by condominium owners about
their boards and associations....
FL: Tampa Bay lawmakers push to ensure flag-flying rights
Sen. Mike Fasano, R-New Port Richey, unveiled the Senate version of the bill SB
1378 in January after a New Port Richey area family was ordered to take down a
lighted flag on a 16-foot pole built by t...
VA: Common Interest Board Under Consideration The Virginia
Senate General Laws and Technology Committee was scheduled to conduct a hearing
Wednesday on a H.B. 516, which would tighten control of firms that manage
homeowners association money, but...
UT: Limits on suing builders OK'd Salt Lake attorney Lincoln
Hobbs, who represents homeowners associations, accused the Utah Home Builders
Association of attempting to protect contractors from negligence claims...
CA: Court denies Costa Serena appeal On Thursday, the court denied an
appeal by the neighborhood's architectural committee that sought to overturn a
Nov. 30 ruling by Superior Court Judge Robert Orfield striking down the
community's senior-only status....
AZ: '$80K light bulb' suit appears to be resolved
A settlement appears to have been reached in the so-called "$80,000 light bulb"
lawsuit over a security system in an exclusive Scottsdale neighborhood....
CO: Bill would stop some HOA bans House Bill 1270, which
recently passed the House and is on its way to the Senate would protect all
Colorado residents from HOA restrictions put on energy efficient measures such
as retractable clotheslines, shade structures, attic fans, evaporative coolers,
wi...
TX: Homeowner loses fight over yard It's a battle in one west
Harris County neighborhood that has been going on for years. People are upset
over the condition of one woman's yard....
CT: Wet laundry was the hot topic of discussion at the state Capitol
Lawmakers are considering a bill that would grant people the "the right to dry."
The legislation would forbid any governing body from imposing rules that would
prohibit people from hanging their laundry outside on clotheslines, drying racks
or other devices....
FL: Court Sides With HOA In Lawsuit Over Porn Website Run From Home
Your local homeowner's association may have more clout than you think and a
Seminole County lawsuit proved it. It turns out HOAs have the right to tell you
what you can do inside your home to an extent....
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