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May 8, 2007     Vol. 4 Issue 9 
News 
Two informational neighborhood signs at the Cedar Springs subdivision have been at the center of several past disputes and recently sparked another controversy.

The vote from the Strathmore Tower condominium board was simple: Down with the Sabbath elevator. But what some thought was a straightforward vote has erupted into a religious and racially tinged controversy to others in this majority senior citizen-occupied condominium complex in Upper Park Heights.

A Columbiana condominium association has gone to court to stop a couple from letting their pet dog use a prohibited area as a bathroom.

FL: Condominiums will probably be faced with mandatory hurricane protection  The first punch to a condominium unit owner's pocketbook was paying to repair the property damage caused by the hurricanes a few years back that was not covered by existing insurance and to cover the high deductible costs under the policies.

MA: Burned out, but relieved to be safe  Firefighters were still putting out small blazes inside the structure on Duck Pond Road yesterday. The Beverly Fire Department and investigators from the state fire marshal's office were also sifting through the wreckage of the 35-unit condominium complex looking for a cause after the three-alarm fire raced through the building. Officials said at least 35 people were left homeless.

TX: Homeowner Finds Association's Cell Phone Misuse  One homeowners association in Converse spent thousands of dollars on cell phones that a resident figured out were being misused by some board members, News 4 WOAI learned Wednesday.

Woodhill Place condominium officials hope a third vote will be the charm that puts some money in its maintenance

The school's gym was the site of the homeowners' annual board meeting, although the term "meeting" should be used loosely. It was contentious, unorganized, loutish, unseemly, borderline vulgar, possibly litigious and as far from what Henry M. Robert envisioned when he drew up his Rules of Order as can be imagined.

CA: Court to hear Vintage Club phone dispute  When the wealthy elite needed to make phone calls or connect to the Internet from their Indian Wells homes inside The Vintage Club, since 1993 they used a system installed and repaired by Paul Philipson, president of Los Angeles-based Telemasters Inc.  But since The Vintage Club Master Association ended its contract with Philipson in 2004, the two have fought over who owns what.

NC: Want to go solar? N.C. bill would help  It's hard to argue against energy conservation, he said, but "what you do in a community, particularly in a community where the lots are close together, it does affect your neighbors' property values."

What started out as residents questioning telecomm rates and services for a multi-year Open Band contract in Broadlands Southern Walk is degenerating into some harsh homeowner's association forum postings

AZ: Board putts net proposals, HOA to consider barrier   Living on a golf course is one of the amenities people seek when they think about living in Arizona. Having holes punched in their house or picking up stray balls might be two unwelcome realities of golf course lot living.

VA: Cascades forums still down The major reason it was taken down, he said, was the board's inability to enforce a user agreement.  A new idea was put forward that only residents should be able to post on the forums. Residents could be verified by registering using their address or Cascades account number. Formerly, anyone could register to post on the board.

IN: In Warming World, Time to Reconsider the Clothesline  Hers is one of the last clotheslines in the neighborhood, a quaint reminder of an era before dryers reigned supreme. But now the low-tech clothesline may be poised to stage a modest comeback. In an age of global warming, lists of energy-saving tips routinely include suggestions such as "Hang clothes outdoors to dry when possible."

Several Columbus condominium residents claim they've been discriminated against by their condo association president -- all because they have children.

FL: Being a condo officer is a tough job, but someone has to do it  Owners at Pine Ridge at Delray Beach, as at many other condo and homeowner association communities, weren't allowed to put up hurricane shutters until 48 hours before a storm was expected to hit, and had to remove them 48 hours after it passed.

TX: For half a mil, your dog can poop in luxury  The Austonian, the swank 55-story luxury condo tower that will be going up at Second Street and Congress Avenue, is going to have a toilet for dogs.  Hey, when you charge $550,000 to $3.8 million per unit, you've got to have something for the guy who has everything, right?

CA: Open the books  Now it looks like the foundation, which residents call "The GRF," may have to admit what it really is: An HOA. An Orange County Superior Court judge in December ordered Golden Rain to open its books to Leisure World's 9,000 residents.

Housing Counsel: Foreclosures are Impacting Condominium Projects    Question: Our condominium is in trouble. Many of our owners obtained those "favorable" interest only rates a couple of years ago, and now that their monthly payment has increased, their units are being foreclosed upon. This is putting a burden on the rest of us, since those owners are no longer paying their condominium fees. We are a small association with a tight budget. The developer left us with very little reserves, and now we are struggling to keep alive financially. What should we do?

FL: Duck spat has man steamed  Ray Miller and his wife Gladys are not wild about the Muscovy ducks living at the pond in front of their waterfront condominium.

AZ: Taking on the HOA  Where should you and your homeowners association go to fight - to court, or to a new, lower-cost hearing process? Phil Ewing's experience with a garage door and a lawsuit shows why people might want to avoid court - the stakes are high and the cost is enormous. But Don Nevins is one of the few trying the new, cheaper system of administrative hearings - and he's given up on it already.
FL: Margate condo drops lawsuit against ailing widow who needs live-in help  A Margate condo association has dropped its lawsuit against a wheelchair-bound widow for allowing two caretakers to stay with her around the clock.

2007 Advertising Policies and Rate Sheet
Word Doc      PDF
Articles 
Managing Micromanagement Part 1

Richard BrooksI’ve written many articles over the years on many subjects but the one that keeps coming back like the proverbial bad penny to haunt us all is the topic of Micromanagement – and once I got going I found the subject so voluminous, that it will take two articles to cover!! Talk about obsessive compulsive! Somebody stop me!  Kidding aside, here’s what you are in for this month:

  • What is micromanagement?
  • How do micromanagers micromanage?
  • Why Boards micromanage
  • How Management and Boards can help alleviate micromanagement
   Read More
 

Overcoming Resistance To Your Reserve Fund’s Contributions Plans (Part III)

Graham OliverSometimes it’s the Board itself (or, at least, some of the Board’s members) that water down recommendations to increase funding to the reserve plan.  And sometimes it’s the unit owners.  It doesn’t matter a whole lot who it is, what does matter is that it happens and it’s dangerous. We’ve prepared a 3-part article and the final part gets into the reasons owner’s offer for coming out against increases. Most importantly, we add suggested remedies.  We provide a number of things that right-thinking Board Members and owners can do to help ensure that proper funding schedules get voted for, passed, and implemented.          Read More (Scroll down to article titles and look for "New")


Taking Proper HOA Minutes 

Richard ThompsonThe worst basis for a set of good minutes is a bad meeting. If the president does not understand or practice the fundamentals of parliamentary procedure, the resulting minutes will reflect the inevitable chaos. Minutes are the record of the official action of the assembly. So there must be a vote of the assembly to have any official action. If a meeting has no voting, it isn't a meeting, but rather a collection of people engaged in discussion. It is also a waste of time.  Read More


Collection of Assessments: Creating a Culture of Voluntary Compliance

There’s no doubt about it – assessments are the lifeblood of community associations.  Without the income derived from assessments, associations struggle to maintain the common elements, provide essential services to residents and protect property values.  While most residents are good about paying their assessments on time, some are not.  Furthermore, since associations traditionally operate on very tight budgets, even a small percentage of delinquent assessments can create a financial hardship for an association.  Read More
Understanding the Balance Sheet

If your eyes glaze over when you hear debit or credit, you are not alone. The word “balance sheet” can even make me a bit drowsy. I will try to help you understand what the balance sheet is all about with out causing your head to explode.  The balance sheet shows you what you have in assets and what you owe in liabilities as of a certain date. If the assets are more than the liabilities, the difference is shown as owner's equity. With that difference shown in owner's equity the sheet is in balance, hence the name “Balance Sheet.” Accountants like every thing to balance out to the nearest penny; they are funny that way. In fact, that is the only way accountants are funny.  Read More


Consumer Reports: Terminating Turf Troubles

Broderick PerkinsEven if you installed Astroturf you'd still have "lawn" problems, because some of them are not associated with the grass itself, but an expanse of earth devoted to a single task. Obviously, however, to keep the neighbors from rolling their eyes, most home owners don't roll out a carpet of green plastic -- except maybe for those select locations out of sight in the back yard. Read More


Dual Interests

A conflict of interest occurs when a board member has a professional or personal interest that interferes with his or her independent decision making. These types of actual conflicts of interest prevent board members from fulfilling their duty of loyalty to the organization - placing the wellness of the organization above other considerations. Perceived conflicts of interest, if not addressed, generate an appearance of impropriety that can ultimately lower the public's confidence in the organization. It is up to the board to be sensitive to this perception and determine how to deal with it.  Read More
Monthly Association Fees – Are They Comparable?

A frequently asked question by owners and officials of community associations is “how do our fees compare to other condominiums of our size?” Based on my experiences as a cost accountant, association manager, and consultant for associations and management companies – my answer is that fees are not comparable in any meaningful way.  Read More


Good Question: Should Open Meetings Bother Boards?

Q. Our board of directors has contemplated opening up its board meetings to homeowners, but several board members are feeling threatened by this possibility. Do you think they have good reason to be concerned?

A. There’s no doubt that we are living in the “information age”. Every day we are bombarded with information from the newspapers, television, radio, the Internet. When information is deliberately withheld, we are suspicious. A closed-door meeting is almost an affront to our sensibilities. Read More

 
Six Common Ways To Open A Homeowners Association's Door To Litigation

Tom HindmanAs some unlucky or unsavvy board members can attest, suits by disgruntled homeowners against their homeowner associations have been on the rise in the last few years. Although a homeowner association’s director and officers (D&O or professional liability) insurance policy may cover these lawsuits, a board should prevent lawsuits altogether by taking all possible precautions against litigation.  We offer this list of six common board actions, or non-actions, that result in litigation in the hope of providing association board members with guidance on how to avoid dangerous mistakes.   Read More
Housing Counsel: Protecting Your Association Assets

Question: I have just been elected Treasurer of our condominium association. Recently, I read that a property manager in Virginia may have embezzled thousands of dollars from the associations with which he was associated. Quite frankly, I am scared, because I am completely ill equipped for this task. What can I do to safeguard our association's money?  Read Answer

 
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Editor's Notes 
There were a lot of good articles to choose from this issue.  That's always good as that will mean good articles left over for the next issue.  A lot of the writers post their new articles near the first of each month and so the early issue of our e-news is the easiest to create.  The later issue (and it gets real nasty if three Tuesdays fall in a month) are a lot tougher.  I don't think that will be a problem in May. 

Where's the new web site?  Finishing up the state pages.  Goal is now no later than 5/20.

Joe
 
What's New in the Blogs
Adams Drafting published an excellent blog on "Hold Harmless and Indemnify" and a link to a recent case important to this issue

California Condo & HOA Law - Assessment increase limits and board member liability

Condo & HOA Technology   "You can wait a little longer for Vista"

Townhome Association - MN -
"Give Up Your Free Speech?"

Michigan Condo & HOA Law - "Developer using 'divide and conquer tactics"

Community Associations - New Jersey Law Blog - "Rights and responsibilities of condo and co-op board members in New York"

Virginia Condominium & Homeowners Association Lawyer -  "Access to association records"

Colorado Homeowners Association Law Blog - "Assessments According to the Declaration - Who Cares?"

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