A couple of items it clarifies how to do correctly:
- Make the group follow the agenda
- Close, limit or extend debate
- Raide a complaint
- Take a break
- Enforce the rules
- Break a motion into pieces
Tuesday, March 31, 2009
Robert's Rules of Order Motions Chart
Here is a solid quick reference guide on motions. It highlights common motions, when they can be said, if a 2nd or debate is needed and what type of vote is needed to pass the motion.
A couple of items it clarifies how to do correctly:
A couple of items it clarifies how to do correctly:
Wednesday, March 25, 2009
Pet Policy
A common headache that Board Members deal with on a regular basis is the pet policy. Many pet policies are open to interpretation and too vague. Problems occur with perceieved selective enforcement, inconsistent violation reporting and homeowners pointing fingers at one another.
A few tips on how to write a pet policy that is effective and fair:
Pet rules should be consistent with the association governing documents; they should serve a purpose; and, above all, they should be reasonable. Simply ask yourself, "what purpose does this rule serve and is this reasonable?"
Associations should encourage compliance with pet rules by involving residents in their community, publicizing rules frequently, communicating with nonresident owners, being a resource for residents, and handling neighbor complaints using standard procedures. Constant communiaction is key to success.
Pet rules should be enforced even-handedly and consistently, beginning with informal and friendly methods.
Associations should focus on behavior—the pet's and the owner's—rather than on size or breed when drafting pet rules. Problems and violations come in all shapes and sizes. The issues have less to do with a 65 pound dog and more to do with an unleashed, out of control animal. As was pointed out recently, "My dog is friendly!" can be one of the biggest lies out there. No matter the size or breed of dog, owners need to follow rules about pet/ owner behavior.
A few tips on how to write a pet policy that is effective and fair:
Pet rules should be consistent with the association governing documents; they should serve a purpose; and, above all, they should be reasonable. Simply ask yourself, "what purpose does this rule serve and is this reasonable?"
Associations should encourage compliance with pet rules by involving residents in their community, publicizing rules frequently, communicating with nonresident owners, being a resource for residents, and handling neighbor complaints using standard procedures. Constant communiaction is key to success.
Pet rules should be enforced even-handedly and consistently, beginning with informal and friendly methods.
Associations should focus on behavior—the pet's and the owner's—rather than on size or breed when drafting pet rules. Problems and violations come in all shapes and sizes. The issues have less to do with a 65 pound dog and more to do with an unleashed, out of control animal. As was pointed out recently, "My dog is friendly!" can be one of the biggest lies out there. No matter the size or breed of dog, owners need to follow rules about pet/ owner behavior.
Committee Basics For HOA and Condo Associations
As a volunteer organization, a community association faces the unusual challenge of running a corporation with part-time leadership. Volunteer homeowners have varied experience and limited time to dedicate to their roles. Even with professional managers managing the day-to operations of a condo association, board members are still called upon to fulfill roles for which they do not have the resources (time or experience) and this is where committees can be particularly valuable.
The three types of committees are:
Mandatory committees
Standing committees and
Ad-hoc Committees
Mandatory committees such as the Architectural Review Board are specifically named in the governing documents. The Architectural Committee/Review Board is often described in detail in the Declaration. Architectural control is an important component in maintaining the character and quality of a community, and the powers that are given to the architectural body vary significantly from one community to another. In some documents the architectural committee is an advisory body composed of homeowners appointed by the board that makes recommendation to the board of directors. In other communities the board may appoint homeowners to an architectural board that operates independently of the board of directors, with full and final authority to render decisions and make rules but with an appeals process to the condo association or HOA board.
Other mandatory committees may also be specified in the declaration or bylaws, such as a Nominating Committee and an Elections Committee, and both play an important part in ensuring that qualified and willing candidates are available for election to vacant board positions at the annual meeting. The powers of the board usually also include the power to appoint other committees "as the board deems appropriate in carrying out its purpose." These committees may include a Recreation Committee, Maintenance Committee, and a Communications Committee. Such committees are further distinguished based on whether they are a standing committee or an ad-hoc committee.
Standing committees are often identified in the declaration and/or bylaws of the association. They are "function oriented" e.g. a Budget and Finance Committee serves a clearly defined function in the operation of the association. Standing committees remain in force indefinitely.
In contrast, ad-hoc committees are "task oriented" e.g. a grounds improvement committee may be established to fulfill the task of planning, researching and coordinating installation of new landscaping at the entrance to a community. These type of committees cease to exist once the assigned task has been completed.
For any committee to be successful some basic steps should be followed:
*Determine the authority/basis for the establishment of the committee (refer to the legal documents of the association).
*Identify the scope of authority that the committee has to act - are they allocated a budget, can they make decisions independently or do they make recommendations only to the board without authority to act?
*Clearly define the purpose and function of the committee so that they fulfill a specific need within the association. Detail the responsibilities and activities of the committee and its members. The composition/structure of the committee should identify how many members it should have, how are they appointed, whether they should be residents, the leadership and voting structure of the committee.
*Identify a timeline for tasks to be completed and the term of the committee's charter (especially for ad-hoc committees).
*State how many and what kinds of recommendations the committee is expected to deliver to the board.
*Clarify the board's expectations for reports and minutes to be provided to the board at regular intervals so as to ensure clear oversight and communications.
*Create an understanding of the committee's relationship to the manager and how they will be expected to interact.
For continued success of committees in your association, be sure to recognize the efforts of the volunteers. The board should be prepared to make decisions and act on recommendations brought to them by committees.
The three types of committees are:
Mandatory committees
Standing committees and
Ad-hoc Committees
Mandatory committees such as the Architectural Review Board are specifically named in the governing documents. The Architectural Committee/Review Board is often described in detail in the Declaration. Architectural control is an important component in maintaining the character and quality of a community, and the powers that are given to the architectural body vary significantly from one community to another. In some documents the architectural committee is an advisory body composed of homeowners appointed by the board that makes recommendation to the board of directors. In other communities the board may appoint homeowners to an architectural board that operates independently of the board of directors, with full and final authority to render decisions and make rules but with an appeals process to the condo association or HOA board.
Other mandatory committees may also be specified in the declaration or bylaws, such as a Nominating Committee and an Elections Committee, and both play an important part in ensuring that qualified and willing candidates are available for election to vacant board positions at the annual meeting. The powers of the board usually also include the power to appoint other committees "as the board deems appropriate in carrying out its purpose." These committees may include a Recreation Committee, Maintenance Committee, and a Communications Committee. Such committees are further distinguished based on whether they are a standing committee or an ad-hoc committee.
Standing committees are often identified in the declaration and/or bylaws of the association. They are "function oriented" e.g. a Budget and Finance Committee serves a clearly defined function in the operation of the association. Standing committees remain in force indefinitely.
In contrast, ad-hoc committees are "task oriented" e.g. a grounds improvement committee may be established to fulfill the task of planning, researching and coordinating installation of new landscaping at the entrance to a community. These type of committees cease to exist once the assigned task has been completed.
For any committee to be successful some basic steps should be followed:
*Determine the authority/basis for the establishment of the committee (refer to the legal documents of the association).
*Identify the scope of authority that the committee has to act - are they allocated a budget, can they make decisions independently or do they make recommendations only to the board without authority to act?
*Clearly define the purpose and function of the committee so that they fulfill a specific need within the association. Detail the responsibilities and activities of the committee and its members. The composition/structure of the committee should identify how many members it should have, how are they appointed, whether they should be residents, the leadership and voting structure of the committee.
*Identify a timeline for tasks to be completed and the term of the committee's charter (especially for ad-hoc committees).
*State how many and what kinds of recommendations the committee is expected to deliver to the board.
*Clarify the board's expectations for reports and minutes to be provided to the board at regular intervals so as to ensure clear oversight and communications.
*Create an understanding of the committee's relationship to the manager and how they will be expected to interact.
For continued success of committees in your association, be sure to recognize the efforts of the volunteers. The board should be prepared to make decisions and act on recommendations brought to them by committees.
Tuesday, March 24, 2009
Continuous Violation Problems
Board of Directors see repeat offenders more than they like. When dealing with violators that refuse to change despite fines and hearings, here are some dialouge suggestions to assist in getting everyone to see eye to eye.
"The Board is going to ask you (the violator) to look at the the rules and again decide if you're being reasonable."
"We're going to ask you to look at the cost to the community--in dollars and in sense--of battling with reoccuring violations instead of finding a way to end the violation."
"In a community association like ours, can you understand why the rules are in place? ...With that understanding, do you agree that our rules are fair for the community?"
"The Board is going to ask you (the violator) to look at the the rules and again decide if you're being reasonable."
"We're going to ask you to look at the cost to the community--in dollars and in sense--of battling with reoccuring violations instead of finding a way to end the violation."
"In a community association like ours, can you understand why the rules are in place? ...With that understanding, do you agree that our rules are fair for the community?"
Give Your Community Members REASONS to volunteer!
Associations rely on volunteers. The Board of Directors and various committees are composed of individuals who give their time freely to help maintain and enhance the environment of our community. Come join the fun and help your community at the same time and get to know your neighbors.
1. Protect yourself interest. Protect your property values and maintain the quality of life in your community.
2. Correct a problem. Has your car been towed? Share other ideas.
3. Be sociable. Meet your neighbors, make friends and exchange opinions.
4. Give back. Repay a little of what’s been done for you.
5. Have some fun. Association work isn't drudgery. It’s fun accomplishing good things with your neighbors.
6. Get educated. Learn how its done. We will train you!
7. Express yourself. Help with creative projects like community beautification.
8. Earn recognition. If you would like a little attention or validation, your contributions will be recognized and celebrated.
9. Try some altruism. Improve society by helping others.
1. Protect yourself interest. Protect your property values and maintain the quality of life in your community.
2. Correct a problem. Has your car been towed? Share other ideas.
3. Be sociable. Meet your neighbors, make friends and exchange opinions.
4. Give back. Repay a little of what’s been done for you.
5. Have some fun. Association work isn't drudgery. It’s fun accomplishing good things with your neighbors.
6. Get educated. Learn how its done. We will train you!
7. Express yourself. Help with creative projects like community beautification.
8. Earn recognition. If you would like a little attention or validation, your contributions will be recognized and celebrated.
9. Try some altruism. Improve society by helping others.
Monday, March 23, 2009
Budgetary Responsibilities
Board of Directors
Most boards of directors are responsible for establishing, approving, and monitoring the community’s budget. Although they have the power to establish a budget, most will delegate preparation authority to their manager or accountant. When directors review a proposed budget, they should consider the following:
• State statutes and requirements established in the association’s governing documents.
• Owners’ needs and expectations (the balance between mandatory and discretionary items).
• Committee and owner feedback.
• The need to reconcile income and expenses, otherwise known as balancing the budget.
• Financial forecasts (e.g. budgets) and analyses of past financial activities prepared by the manager or accountant.
• Capital budget and reserve study requirements. If the board has the power to approve the budget, the manager should provide all owners with a summary copy of the proposed budget before the board officially adopts it. Owner input is a key component of the budgeting process. Owner input regarding the budget leads to less animosity over budget priorities and the opportunity for increased resident involvement in other aspects of the community—thus, building a sense of community.
Most boards of directors are responsible for establishing, approving, and monitoring the community’s budget. Although they have the power to establish a budget, most will delegate preparation authority to their manager or accountant. When directors review a proposed budget, they should consider the following:
• State statutes and requirements established in the association’s governing documents.
• Owners’ needs and expectations (the balance between mandatory and discretionary items).
• Committee and owner feedback.
• The need to reconcile income and expenses, otherwise known as balancing the budget.
• Financial forecasts (e.g. budgets) and analyses of past financial activities prepared by the manager or accountant.
• Capital budget and reserve study requirements. If the board has the power to approve the budget, the manager should provide all owners with a summary copy of the proposed budget before the board officially adopts it. Owner input is a key component of the budgeting process. Owner input regarding the budget leads to less animosity over budget priorities and the opportunity for increased resident involvement in other aspects of the community—thus, building a sense of community.
Financial Operations
The board of directors, particularly the treasurer, is ultimately responsible for association’s funds and may not abdicate their fiduciary responsibility. Given the reality that community association boards are made up of diverse individuals with varied degrees of financial knowledge, below are basic guidelines that should be followed to ensure sound financial operations.
Banking
• Maintain the association’s funds, including the replacement fund (commonly called reserves) and operating fund, in separate accounts in the association’s name and ensure that the board has direct access to the account.
• Maintain an operating cash balance of approximately two months expenses.
• Reconcile the association’s bank statements and investments monthly (or at least quarterly) with the statements going directly to the board member reviewing them. The board member charged with reviewing the bank statements should not be responsible for payment of bills and/or signing checks.
• Require the full board to review copies of bank statements and investments on a quarterly basis.
• Require at least two board members’ signatures to gain access to reserves.
• Require at least two authorized signatures on all checks over a predetermined amount as established by the board of directors.
Planning
• Establish a long-term financial plan for the association’s assets (cash, accounts receivable, replacement fund, investments, etc.) that is reviewed and revised annually.
• Develop written, board-approved investment policies and procedures.
• Commission a reserve study and/or update current reserve study at least every three years and review the report annually.
• Prepare a long-term operating budget covering the next three to five years.
• Include reasonable reserves for future major repairs and replacement of common facilities in assessments as determined by the association’s most recent reserve study.
Disclosure
• Provide homeowners with reasonably detailed summaries of budget and reserve information on an annual basis, with further information readily available.
• Request financial statements from the manager or accountant at least quarterly. (Please note: some associations may opt to view these statements more frequently. Further, state law may dictate the frequency with which financial statements must be prepared.)
• Inform homeowners that the annual financial statement, which is prepared in accordance with the basis of accounting used by the association, is available for review by owners and prospective purchasers within the time frame established by the association or specified in applicable statutes and governing documents. This report may be a review, a compilation, or an audit. If possible, a copy of this report should be sent to all members of the association. If copies are not sent to members, the board should publicize, through the association’s newsletter, that copies are available upon request.
Policies/Record Keeping
• Develop a written, board-approved collection policy for enforcing owners’ assessment obligations. Be sure to follow applicable state statutes regarding development and enforcement of the policy.
• Establish that the board must approve all write-offs of delinquencies in a timely manner.
• Solicit competitive bids for services and require board authorization for all expenditures over a predetermined amount.
• Request timely updates and reports from the association’s manager and accountant.
• Keep detailed meeting minutes paying close attention to all fiscal matters.
• Conduct payroll audits to ensure all employees are legitimate and paperwork is current and complete.
• Require approval of invoices, by a board member other than the check signers, prior to payment.
• Establish and maintain a policy regarding archiving the association’s permanent financial records.
Budgeting
• Assign budget items in the month during which the expenses are expected to be incurred rather than dividing total yearly expenses by 12 (for each month of the year).
• Require board approval for checks in payment of non-budgeted, non-recurring expenses in excess of an established limit.
• Compare income statement with the budget on a periodic basis (at least quarterly).
Banking
• Maintain the association’s funds, including the replacement fund (commonly called reserves) and operating fund, in separate accounts in the association’s name and ensure that the board has direct access to the account.
• Maintain an operating cash balance of approximately two months expenses.
• Reconcile the association’s bank statements and investments monthly (or at least quarterly) with the statements going directly to the board member reviewing them. The board member charged with reviewing the bank statements should not be responsible for payment of bills and/or signing checks.
• Require the full board to review copies of bank statements and investments on a quarterly basis.
• Require at least two board members’ signatures to gain access to reserves.
• Require at least two authorized signatures on all checks over a predetermined amount as established by the board of directors.
Planning
• Establish a long-term financial plan for the association’s assets (cash, accounts receivable, replacement fund, investments, etc.) that is reviewed and revised annually.
• Develop written, board-approved investment policies and procedures.
• Commission a reserve study and/or update current reserve study at least every three years and review the report annually.
• Prepare a long-term operating budget covering the next three to five years.
• Include reasonable reserves for future major repairs and replacement of common facilities in assessments as determined by the association’s most recent reserve study.
Disclosure
• Provide homeowners with reasonably detailed summaries of budget and reserve information on an annual basis, with further information readily available.
• Request financial statements from the manager or accountant at least quarterly. (Please note: some associations may opt to view these statements more frequently. Further, state law may dictate the frequency with which financial statements must be prepared.)
• Inform homeowners that the annual financial statement, which is prepared in accordance with the basis of accounting used by the association, is available for review by owners and prospective purchasers within the time frame established by the association or specified in applicable statutes and governing documents. This report may be a review, a compilation, or an audit. If possible, a copy of this report should be sent to all members of the association. If copies are not sent to members, the board should publicize, through the association’s newsletter, that copies are available upon request.
Policies/Record Keeping
• Develop a written, board-approved collection policy for enforcing owners’ assessment obligations. Be sure to follow applicable state statutes regarding development and enforcement of the policy.
• Establish that the board must approve all write-offs of delinquencies in a timely manner.
• Solicit competitive bids for services and require board authorization for all expenditures over a predetermined amount.
• Request timely updates and reports from the association’s manager and accountant.
• Keep detailed meeting minutes paying close attention to all fiscal matters.
• Conduct payroll audits to ensure all employees are legitimate and paperwork is current and complete.
• Require approval of invoices, by a board member other than the check signers, prior to payment.
• Establish and maintain a policy regarding archiving the association’s permanent financial records.
Budgeting
• Assign budget items in the month during which the expenses are expected to be incurred rather than dividing total yearly expenses by 12 (for each month of the year).
• Require board approval for checks in payment of non-budgeted, non-recurring expenses in excess of an established limit.
• Compare income statement with the budget on a periodic basis (at least quarterly).
Sunday, March 22, 2009
CAI: Energy Efficiency Report
As of 2007, there are almost 300,000 community associations—condominium associations, cooperatives, and homeowners associations—in the United States, representing more than 20 million homes and almost 65 million people. Currently, the average U.S. family spends nearly $1,300 a year on energy bills, with much of that energy being wasted due to air leaks, inefficient appliances and a general lack of attention on this important issue.
Check out this Best Practice Report on Energy Efficiency at Community Associations.
Check out this Best Practice Report on Energy Efficiency at Community Associations.
Saturday, March 21, 2009
Risk Management Activities
Management involves four key activities: planning, organizing, leading, and controlling.
- Risk management is a five-step decision-making process that is implemented through those four activities. In this sense, risk management is like any other type of management.
- The risk management process begins when the association identifies exposures to loss in four areas: property, liability, net income, and personnel. At this point, the association selects, implements, and monitors a risk-financing plan. The purchase of commercial insurance, although very important, is only one part of that process.
- Associations must delegate risk-management tasks to appropriate staff and volunteers to protect their assets from accidental loss. Few associations are large enough to have full-time risk managers.
- Claims usually involve the transfer of financial risk to a commercial insurer. However, too much emphasis on insurance minimizes the role of risk control in claims management.
Associations must carefully manage claims to ensure they fully benefit from their insurance program.
- A risk management program should always be integrated with a comprehensive insurance program.
Friday, March 20, 2009
D & O Insurance
The importance of Directors and Officers Insurance cannot be overstated. The reality is we live in a litigious society and the thankless job of being a member of a Board of Directors is often marred by legal proceedings.
Condominiums, cooperatives, and planned communities each function as a business, government, and community. Each function can lead to property, liability, net income, and personnel exposures to loss.
Realty Times was quoted saying that Boards of Directors face legal action on an ongoing basis in the form of, "owners against other owners; owners against their Board of Directors, Association against owner, and even one Board member against another."
To break the need for D & O Insurance down to the simplest level, it covers you from the above listed lawsuits. The insurance covers your legal needs- lawyers, court costs and the rest of your defense team- and any monetary damages you may be liable for.
It is important to use insurers that are of of satisfactory legal and ethical standing in the industry and five years experience in the community association insurance field.
Condominiums, cooperatives, and planned communities each function as a business, government, and community. Each function can lead to property, liability, net income, and personnel exposures to loss.
Realty Times was quoted saying that Boards of Directors face legal action on an ongoing basis in the form of, "owners against other owners; owners against their Board of Directors, Association against owner, and even one Board member against another."
To break the need for D & O Insurance down to the simplest level, it covers you from the above listed lawsuits. The insurance covers your legal needs- lawyers, court costs and the rest of your defense team- and any monetary damages you may be liable for.
It is important to use insurers that are of of satisfactory legal and ethical standing in the industry and five years experience in the community association insurance field.
Wednesday, March 18, 2009
Certifications To Rely On
A community association operates as a government, a community and a business, making it a truly specialized type of organization. Many associations choose to contract with a professional management company. Two great professional designation you can rely on are:
Association Management Specialist® (AMS®)
Association Managers (NBC-CAM) awards the Certified Manager of Community Associations® (CMCA®) certification.
Tuesday, March 17, 2009
Free Resources for Boards of Directors
A helpful list of free resources communities and their leadership will find useful.
Reputation Management Tools
Google Alerts - Email updates of the latest relevant Google results.
Technorati - Real-time search for user-generated media.
Communication Tools
Skype - Free calls over the internet to other people on Skype for as long as you like.
Free Conference Call - Free conference calls require only a name and an e-mail address to receive an instant account.
Committee Planning Tools
Google Calendar - Free online shareable calendar service.
ActiTime - Free Time Tracking Software.
Large Document E-Delivery
SmartFTP - A FTP (File Transfer Protocol) client which allows you to transfer files between your local computer and a server on the Internet.
YouSendIt - Send, recieve and track large documents that won't go through email.
Business Cards
VistaPrint - Free business card printer that boasts easy design and printing.
Free Printable Cards - 230 Free business card designs that you can download, customize, and print.
Reputation Management Tools
Google Alerts - Email updates of the latest relevant Google results.
Technorati - Real-time search for user-generated media.
Communication Tools
Skype - Free calls over the internet to other people on Skype for as long as you like.
Free Conference Call - Free conference calls require only a name and an e-mail address to receive an instant account.
Committee Planning Tools
Google Calendar - Free online shareable calendar service.
ActiTime - Free Time Tracking Software.
Large Document E-Delivery
SmartFTP - A FTP (File Transfer Protocol) client which allows you to transfer files between your local computer and a server on the Internet.
YouSendIt - Send, recieve and track large documents that won't go through email.
Business Cards
VistaPrint - Free business card printer that boasts easy design and printing.
Free Printable Cards - 230 Free business card designs that you can download, customize, and print.
Community Members' Vote
Why can't everyone vote on issues at a Board Meeting?
Very similiar to the way our country's democracy works, community members elect Board members to vote on their behalf. Community members also are involved in the disolution of the association, resolution changes to governing documents and large scale efforts impacting the existance of the organization. Board of Directors, by being elected, have the voice for the community and are bound to do what is best for the association.
Very similiar to the way our country's democracy works, community members elect Board members to vote on their behalf. Community members also are involved in the disolution of the association, resolution changes to governing documents and large scale efforts impacting the existance of the organization. Board of Directors, by being elected, have the voice for the community and are bound to do what is best for the association.
Association Attorney
Hiring the association's attorney is unlike hiring any other contractor the association would typically employ. Most associations know the basics: hire an attorney familiar with this particular type of law, someone who has experience in the locale and has a good reputation. But where do you find a selection of these attorneys so that you can choose the best one for your association? And what other qualities should you look for to see who best suits you? What are the basics you should be aware of?
First, ask your property management company. Most companies work with a selection of attorneys they could recommend. They have seen how each firm works and how they might best fit with your needs.
Second, look inward. What do you need? Paying for a "name" may not be worth it if you cannot get your attorney on the phone. A quick response time is important because in the land of homeowner associations, what may seem like small potatoes to a non-resident, may have huge fallout in your community. You need someone you can speak with fast, when its convenient.
Third, is money. Lawyers charge by the hour. Some services are completed by their staff and may be charged a set fee (research, letter preparation). The partner with the most experience has the highest hourly rate, and the junior associate or paralegal with little experience is quoted at the lowest hourly rate. Know who costs what and know how much experience they have.
Fourth, look around to see who knows your community. Your current attorney may continue to work well with you in the future. Make sure to have an open line of communication. If you are not happy with something, let them know and give them the opportunity to fix it before severing ties and searching for a new guy.
Fifth, ask another trusted lawyer or professional for recommendations. This is the almost always the best way to secure names.
Finally, trust your instinct. If you are not comfortable by a person or a firm, go with your gut. Your attorneys will represent you in the most trying times, they will secure your money and protect your rights. A fly by night firm or someone who no background or references should cause you pause.
First, ask your property management company. Most companies work with a selection of attorneys they could recommend. They have seen how each firm works and how they might best fit with your needs.
Second, look inward. What do you need? Paying for a "name" may not be worth it if you cannot get your attorney on the phone. A quick response time is important because in the land of homeowner associations, what may seem like small potatoes to a non-resident, may have huge fallout in your community. You need someone you can speak with fast, when its convenient.
Third, is money. Lawyers charge by the hour. Some services are completed by their staff and may be charged a set fee (research, letter preparation). The partner with the most experience has the highest hourly rate, and the junior associate or paralegal with little experience is quoted at the lowest hourly rate. Know who costs what and know how much experience they have.
Fourth, look around to see who knows your community. Your current attorney may continue to work well with you in the future. Make sure to have an open line of communication. If you are not happy with something, let them know and give them the opportunity to fix it before severing ties and searching for a new guy.
Fifth, ask another trusted lawyer or professional for recommendations. This is the almost always the best way to secure names.
Finally, trust your instinct. If you are not comfortable by a person or a firm, go with your gut. Your attorneys will represent you in the most trying times, they will secure your money and protect your rights. A fly by night firm or someone who no background or references should cause you pause.
Monday, March 16, 2009
Older WaPo Advice Column Still Very Relevant
While many things are still not true from in the condo market before the bubble burst, this advice column from 2005 is true...
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/17/AR2005061700548_pf.html
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/17/AR2005061700548_pf.html
Virginia Condo Act: Violation Assessments
The Virginia Condominium Act, as amended on July 1, 2008, provides the following regulations for assessing violation charges to a unit:
§ 55‑79.80:2. Assessment of charges for violations; suspension of services for failure to pay assessments; hearing.
A. The unit owners’ association shall have the power, to the extent the condominium instruments or rules duly adopted pursuant thereto expressly so provide, to (i) suspend a unit owner’s right to use facilities or services, including utility services, provided directly through the unit owners’ association for nonpayment of assessments which are more than sixty days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant and (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible.
B. Before any such suspension or charges may be imposed, the unit owner shall be given an opportunity to be heard and to be represented by counsel before the executive organ or such other tribunal as the condominium instruments or rules duly adopted pursuant thereto specify.
Notice of such hearing, including the charges or other sanctions that may be imposed, shall, at least fourteen days in advance thereof, be hand delivered or mailed by registered or certified United States mail, return receipt requested, to such unit owner at the address or addresses required for notices of meetings pursuant to § 55-79.75.
The amount of any charges so assessed shall not exceed fifty dollars for a single offense, or ten dollars per diem for any offense of a continuing nature, and shall be treated as an assessment against such unit owner’s condominium unit for the purpose of § 55-79.84. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding ninety days. After the date a lawsuit is filed challenging any such charges, no additional charges shall accrue. If the court rules in favor of the unit owners’ association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the unit owner prior to the action.
The hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to such unit owner at the address required for notices of meetings pursuant to § 55-79.75 within seven days of the hearing.
C. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners’ association or its executive organ.
§ 55‑79.80:2. Assessment of charges for violations; suspension of services for failure to pay assessments; hearing.
A. The unit owners’ association shall have the power, to the extent the condominium instruments or rules duly adopted pursuant thereto expressly so provide, to (i) suspend a unit owner’s right to use facilities or services, including utility services, provided directly through the unit owners’ association for nonpayment of assessments which are more than sixty days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant and (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible.
B. Before any such suspension or charges may be imposed, the unit owner shall be given an opportunity to be heard and to be represented by counsel before the executive organ or such other tribunal as the condominium instruments or rules duly adopted pursuant thereto specify.
Notice of such hearing, including the charges or other sanctions that may be imposed, shall, at least fourteen days in advance thereof, be hand delivered or mailed by registered or certified United States mail, return receipt requested, to such unit owner at the address or addresses required for notices of meetings pursuant to § 55-79.75.
The amount of any charges so assessed shall not exceed fifty dollars for a single offense, or ten dollars per diem for any offense of a continuing nature, and shall be treated as an assessment against such unit owner’s condominium unit for the purpose of § 55-79.84. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding ninety days. After the date a lawsuit is filed challenging any such charges, no additional charges shall accrue. If the court rules in favor of the unit owners’ association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the unit owner prior to the action.
The hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to such unit owner at the address required for notices of meetings pursuant to § 55-79.75 within seven days of the hearing.
C. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners’ association or its executive organ.
Volunteer Recruitment Tips
Tips to increase your volunteers on committees:
Give recognition to homeowners who give their time to you
Food and drinks bring volunteers through the doors
Be organized when your volunteers show up
Thank your volunteers excessively and sincerely appreciate their efforts
Ask volunteers to bring a friend. Everything is better with friends.
Offer incentives. Small gifts work wonders. Examples: two movie tickets, coffee house gift certificates, free mani/pedi or shoe shine.
Make volunteer projects creative and fun.
Happy hunting.
Give recognition to homeowners who give their time to you
Food and drinks bring volunteers through the doors
Be organized when your volunteers show up
Thank your volunteers excessively and sincerely appreciate their efforts
Ask volunteers to bring a friend. Everything is better with friends.
Offer incentives. Small gifts work wonders. Examples: two movie tickets, coffee house gift certificates, free mani/pedi or shoe shine.
Make volunteer projects creative and fun.
Happy hunting.
Community Leader Training
Upcoming Class: Beyond Enforcing the Bylaws: Changing Community Behavior
Date & time to be determined
Communities continue to wage an ongoing war as they fight against violations such as repetitive and excessive noise, homeowners who refuse to curb their pets, littering and improper storage. Reoccurring fines, Board hearings and violations letter have a small effect. At the heart of the matter, nothing changes.
There are community techniques that you can employ that will assist in changing the overall community behavior, decreasing the amount ongoing violations and assisting homeowners in realizing their effect on the community. These techniques require a strong plan executed by an experienced property manager. Grassroots, neighbor to neighbor contact motivate homeowners.
Email at info@cmsserv.com to find more information on this class and upcoming training sessions.
Date & time to be determined
Communities continue to wage an ongoing war as they fight against violations such as repetitive and excessive noise, homeowners who refuse to curb their pets, littering and improper storage. Reoccurring fines, Board hearings and violations letter have a small effect. At the heart of the matter, nothing changes.
There are community techniques that you can employ that will assist in changing the overall community behavior, decreasing the amount ongoing violations and assisting homeowners in realizing their effect on the community. These techniques require a strong plan executed by an experienced property manager. Grassroots, neighbor to neighbor contact motivate homeowners.
Email at info@cmsserv.com to find more information on this class and upcoming training sessions.
SCAM ALERT: Realtor Association is NOT asking you for money
From the National Association of Realtors:
The National Association of REALTORS® has just learned that its good name is being used as part of a property rental scam. In this scam, rental property is offered to consumers, who are led to believe that NAR is functioning as an intermediary to receive rental deposits from prospective tenants and, upon receipt of the deposit, to deliver the keys to the property to the tenant. The tenant is instructed to send money via Western Union to NAR's purported agent, in the United Kingdom.
NAR is not involved in this business and believes it is a scam. NAR has contacted law enforcement officials to request that the matter be investigated.
If you have encountered this scam, be advised you may file a complaint with the Internet Crime Complaint Center, sponsored by the Federal Bureau of Investigation and the National White Collar Crime Center.
The National Association of REALTORS® has just learned that its good name is being used as part of a property rental scam. In this scam, rental property is offered to consumers, who are led to believe that NAR is functioning as an intermediary to receive rental deposits from prospective tenants and, upon receipt of the deposit, to deliver the keys to the property to the tenant. The tenant is instructed to send money via Western Union to NAR's purported agent, in the United Kingdom.
NAR is not involved in this business and believes it is a scam. NAR has contacted law enforcement officials to request that the matter be investigated.
If you have encountered this scam, be advised you may file a complaint with the Internet Crime Complaint Center, sponsored by the Federal Bureau of Investigation and the National White Collar Crime Center.
Meeting Attendance
The importance of attendance at meetings- particularly annual meetings- cannot be overstated. However, proxy forms and mailed out reminders do not seem to gin up attendance.
There are ways to increase attendance! Just like politicians use voter turnout techniques to increase their votes on Election Day, Boards of Directors can increase community involvement and attendance.
A few ideas to get the community involvement juices' flowing:
Encourage internal motivation
Explain the purpose and community goals behind individual projects and meetings
Enhance the attractions and minimize the drags of getting involved
Focus on the importance of the subject
Incorporate homeowner experiences
Keep meeting topics relevant
Create an environment where residents want to participate
Create community traditions
Give praise and accept feedback
For more information on ginning up the turnout, contact info@cmsserv.com
There are ways to increase attendance! Just like politicians use voter turnout techniques to increase their votes on Election Day, Boards of Directors can increase community involvement and attendance.
A few ideas to get the community involvement juices' flowing:
Encourage internal motivation
Explain the purpose and community goals behind individual projects and meetings
Enhance the attractions and minimize the drags of getting involved
Focus on the importance of the subject
Incorporate homeowner experiences
Keep meeting topics relevant
Create an environment where residents want to participate
Create community traditions
Give praise and accept feedback
For more information on ginning up the turnout, contact info@cmsserv.com
Quorum Now means Quorum Later?
If Quorum has been established and attendees leave throughout the meeting, do you still have quorum?
No, Quorum must be continuous. If the Board notices the attendees leaving, it should be declared and investigated before any voting takes place. If an attendee notices the lack of quorum, it should be brought up without interrupting a speaker as a "point of order" relating to the absense of quorum.
If business was decided on and there is obvious proof there was not quorum, the President could declare the decided business invalid.
No, Quorum must be continuous. If the Board notices the attendees leaving, it should be declared and investigated before any voting takes place. If an attendee notices the lack of quorum, it should be brought up without interrupting a speaker as a "point of order" relating to the absense of quorum.
If business was decided on and there is obvious proof there was not quorum, the President could declare the decided business invalid.
Roberts Rules: Does the President have a vote?
Is it true that the President can only only vote to break a tie?
No, that is not true. The president is a member of the Board of Directors, meaning he or she has exactly the same rights and privileges as all other members have, including the right to make motions, speak in debate and to vote on all questions.
No, that is not true. The president is a member of the Board of Directors, meaning he or she has exactly the same rights and privileges as all other members have, including the right to make motions, speak in debate and to vote on all questions.
What is an Appraised Value?
The appraised value of a property is the objective opinion of property value by a trained professional appraiser. The appraised value is not a constant number and fluctuates with market values. The appraised value is often confused with the assessed value which is used for tax purposes. Normally, assessed values do not fluctuate with market conditions. Assessed values can be used in conjunction with obtaining mortgages, insurance and replacement values.
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