Friday, May 29, 2009

Energy Efficiency: Clothes Dryers

When shopping for a new clothes dryer, look for one with a moisture sensor that automatically shuts off the machine when the clothes are dry. Not only will this save energy, it will save on the wear and tear on your clothes caused by over-drying. Also keep in mind that gas dryers cost less to operate than electric dryers. Specifically, the cost of drying a typical load of laundry in an electric dryer is 30 to 40 cents compared to only 15 to 25 cents in a gas dryer.

To get the maximum efficiency out of your clothes dryer, dry towels and heavier cottons in a separate load, clean the lint filter after every load to improve air circulation and periodically check your dryer vent to ensure it is not blocked. Not only will checking the vent save energy, but it may prevent a fire.

Freddie Mac Report: National Home Price Decline Decelerated in Q1 2009

Freddie Mac announced yesterday its Conventional Mortgage Home Price Index (CMHPI) Purchase-Only Series registered a 5.3 percent annualized decline in U.S. house prices during the first quarter of 2009, following a downward revised 18.5 percent annualized drop in the fourth quarter. Over the year ending with the first quarter of 2009, U.S. home sales prices fell 8.4 percent in the CMHPI Purchase-Only Series – less than the 9.7 percent annual decline recorded between the fourth quarter of 2007 and the fourth quarter of 2008.

“The improvement in house-price change from a steep decline to a more moderate one is consistent with other housing market data that point to the highest level of home-purchase affordability in at least 40 years and a stabilization in existing home sales and single-family construction in the first quarter, albeit at low levels of activity,” said Frank Nothaft, Freddie Mac vice president and chief economist. “This pattern was consistent across all nine regions of the U.S., with the rate of depreciation lessening in seven regions, and switching to modest appreciation in New England and the East North Central states.

“Local markets that currently experience high levels of vacant-for-sale homes will continue to experience declines in prices over the coming year. This will likely cause some further decline in the CMHPI Purchase-Only series for the U.S. over several more quarters. Nonetheless, it is important to realize that some local markets will experience stable or modestly rising prices even though the national metric may decline.”

The CMHPI Purchase-Only Series excludes all refinancings in its calculation. Freddie Mac also produces a CMHPI Classic Series that includes data from both home purchase transactions and mortgage refinancings, with the latter values based on appraisals. Generally, because appraisals are backwards looking through the use of recent comparable property transactions, the Classic Series will typically lag changes in the Purchase-Only series. The CMHPI Classic Series indicated that over the year ending with the first quarter, home values depreciated 4.0 percent in the U.S. measure, less than the 5.3 percent decline over the year ending in the fourth quarter of 2008.

South Atlantic Division (DC, DE, FL, GA, MD, NC, SC, VA, WV): fell 0.3 percent (–1.3 percent, annualized) in the first quarter of 2008. Over the last 12 months, home values decreased 9.6 percent, and during the last five years, home values increased 13.1 percent.

Thursday, May 28, 2009

Info on Reserve Studies

Types of Reserve Studies
Reserve studies fit into one of three categories: Full; Update,With-Site-Visit/On-Site Review; and Update, No-Site-Visit/Off Site Review (listed from exhaustive to minimal).
• In a Full reserve study, the reserve provider conducts a component inventory, a condition assessment (based upon on-site visual observations), and life and valuation estimates to determine both a fund status and a funding plan.
• In an Update, With-Site-Visit/On-Site Review, the reserve provider conducts a component
inventory (verification only, not quantification), a condition assessment (based on on-site visual observations), and life and valuation estimates to determine both a fund status and a funding plan.
• In an Update, No-Site-Visit/Off Site Review, the reserve provider conducts life and valuation
estimates to determine a fund status and a funding plan.

Contents of a Reserve Study
A reserve study should include the following:
• A summary of the association, including the number of units, physical description, and the financial condition of the reserve fund.
• A projection of the reserve starting balance, recommended reserve contributions, projected reserve expenses, and the projected ending reserve fund balance for a minimum of 20 years.
• A tabular listing of the component inventory, component quantity or identifying descriptions, useful life, remaining useful life, and current replacement cost.
• A description of the methods and objectives utilized in computing the fund status and in the development of the funding plan.
• Source(s) utilized to obtain component repair or replacement cost estimates.
• A description of the level of service by which the reserve study was prepared and the fiscal year for which the reserve study was prepared.

Wednesday, May 27, 2009

U.S. existing home sales rose 2.9 percent in April

The National Association of Realtors said sales climbed to an annual rate of 4.68 million from a 4.55 million pace in March. That was slightly higher than market expectations for a 4.66 million-unit pace. This means sales of existing homes in the United States rose 2.9 percent in April.

Tuesday, May 26, 2009

Case Law: Condominium Association Has Right to Ban Dogs

Stamford Landing Condominium Association, Inc. v. Lerman, 109 Conn. App. 261, 951 A.2d 642 (2008)

Covenants Enforcement: A condominium association's rule banning dogs fell within the association's power to promulgate the rule, as enumerated in Connecticut's Common Interest Ownership Act.

Friday, May 22, 2009

Principal Residence

What’s the definition of "principal residence?"

Generally, a principal residence is the home where an individual spends most of his/her time (generally defined as more than 50%). It is also defined as "owner-occupied" housing. The term includes single-family detached housing, condos or co-ops, townhouses or any similar type of new or existing dwelling. Even some houseboats or manufactured homes count as principal residences.

Memorial Day

"Memorial Day Order"

General Orders No. 11, Grand Army of the Republic Headquarters.

I. The 30th day of May, 1868, is designated for the purpose of strewing with flowers, or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village and hamlet churchyard in the land. In this observance no form or ceremony is prescribed, but Posts and com­rades will, in their own way arrange such fitting services and testimonials of respect as circumstances may permit.

We are organized, Comrades, as our regulations tell us, for the purpose among other things, "of preserving and strengthening those kind and fraternal feelings which have bound together the soldiers sailors and marines, who united to suppress the late rebellion." What can aid more to assure this result than by cherishing tenderly the memory of our heroic dead? We should guard their graves with sacred vigilance. All that the consecrated wealth and taste of the nation can add to their adornment and security, is but a fitting tribute to the memory of her slain defenders. Let pleasant paths invite the coming and going of reverent visitors and fond mourners. Let no neglect, no ravages of time, testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic.

If other eyes grow dull and other hinds slack, and other hearts cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remain in us.

Let us, then, at the time appointed, gather around their sacred remains, and garland the passionless mounds above them with choicest flowers of springtime; let us raise above them the dear old flag they saved; let us in this solemn presence renew our pledge to aid and assist those whom they have left among us a sacred charge upon the Nation's gratitude—the soldier's and sailor's widow and orphan.

II. It is the purpose of the Commander‑in‑Chief to inaugurate this observ­ance with the hope that it will be kept up from year to year, while a survivor of the war remains to honor the memory of his departed comrades. He earnestly desires the public press to call attention to this Order, and lend its friendly aid in bringing it to the notice of comrades in all parts of the country in time for simultaneous compliance therewith.

III. Department commanders will use every effort to make this Order effective.

By Command of: John A. Logan, Commander in Chief, May 5, 1868

Thursday, May 21, 2009

VA Condo Act: Insurance

§ 55-79.81. Insurance.


A. The condominium instruments may require the unit owners' association, or the executive organ or managing agent on behalf of such association, to obtain:
1. A master casualty policy affording fire and extended coverage in an amount consonant with the full replacement value of the structures within the condominium, or of such structures that in whole or in part comprise portions of the common elements.
2. A master liability policy, in an amount specified by the condominium instruments, covering the unit owners' association, the executive organ, if any, the managing agent, if any, all persons acting or who may come to act as agents or employees of any of the foregoing with respect to the condominium, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium.
3. Such other policies as may be required by the condominium instruments, including, without limitation, workers' compensation insurance, liability insurance on motor vehicles owned by the association, and specialized policies covering lands or improvements in which the unit owners' association has or shares ownership or other rights.

B. When any policy of insurance has been obtained by or on behalf of the unit owners' association, written notice of the obtainment thereof and of any subsequent changes therein or termination thereof shall be promptly furnished to each unit owner by the officer required to send notices of meetings of the unit owners' association. Such notices shall be sent in accordance with the provisions of subsection A of § 55-79.75.

C. Except to the extent otherwise provided in the condominium instruments, any insurance deductible under the master casualty policy shall be paid by the unit owners' association as a common expense if the cause of the damage to or destruction of any portion of the condominium originated in or through the common elements or an apparatus located within the common elements. However, a unit owner shall pay such deductible if the cause of any damage to or destruction of any portion of the condominium originated in or through a unit or any component thereof without regard to whether the unit owner was negligent. (1974, c. 416; 2000, c. 906; 2003, c. 360.)

Wednesday, May 20, 2009

FDIC News Alert

FDIC News Alert

The Wall Street Journal reported that on Tuesday May 19, 2009, Congress “signed off on allowing the Federal Deposit Insurance Corp. to borrow as much as $100 billion from the Treasury Department and extending the agency’s new deposit-insurance limit of $250,000 through 2013.”

The extension of the $250,000 insurance level through 2013 is significant both for protecting assets but also providing more flexibility in investment decisions as to amount and timing.

VA Condo Act: Onsite Management Office

§ 55-79.74:2. Management office.

Unless the condominium instruments expressly provide otherwise, the unit owners' association shall not be prohibited from maintaining a management office on common elements or in one or more units in the condominium. (1982, c. 545.)

Tuesday, May 19, 2009

Debt-to-Income (DTI) Ratios

Teaching Homeowners the Importance of DTI Ratios by Ralph Roberts

Good read on debt ratios and how they effect homeowners.

Plans to Rent Unit Out in Association

Things to keep in mind if you plan to rent out a unit purchased within a homeowners or condo association:

  • The homeowner is still responsible for monthly and special assessments, no matter how the lease is written. If your renters do not pay, you as the homeowner are liable.
  • Your tenants' behavior is your responsibility. If they break the condo bylaws, rules or regulations, the homeowner is responsible.
  • Know the restrictions, if any, your association places on renters or rental units.
  • Know if you need to send the management company a copy of the lease. Without it, your tenants may not be able to get parking or pool permits, or you may be fined. All depending on the bylaws and regulations.

Friday, May 15, 2009

How can we get rid of officers we don't like before their term is up?

If the bylaws just state a fixed term for the officer, such as "three years," or if they say the officer serves for a specified term "and until [the officer's] successor is elected" (or words to that effect), then the Board must use formal disciplinary proceedings, which involve the appointment of an investigating committee, preferral of charges by such a committee, and the conduct of a formal trial.

On the other hand, if the bylaws state a term for the office but add "or until [the officer's] successor is elected," or contain other wording explicitly indicating that the officer may be removed before the term expires, then the election can be rescinded and a successor then elected for the remainder of the term.

If the bylaws themselves establish a procedure for removal from office, that procedure must be followed.

Thursday, May 14, 2009

Maintenance Costs

Deferring maintenance to avoid an assessment increase, special assessment or decreasing the amount in the operating account can do more harm than good. Regular upkeep helps maintain property values, protects the community from safety hazards, wards of a domino effect in maintenance problems that spiral into a larger problem and avoid irritated homeowners. Regular maintenance and upkeep is worth the price you pay today if you receive good quality work and have a good follow up plan.

Wednesday, May 13, 2009

Playground Equipment

Safety tips to keep in mind when dealing with children's playground equipment:

Make sure equipment is made for a community- high usage- and not a personal residence.

More than half of playground injuries come from "climber" equipment, such as ladders, monkey bars, etc. It is recommended that at least 9 inches of wood much is under play equipment that is 7 feet high. First installation should get 12 inches of mulch.

Make sure that equipment is age appropriate before letting children play. Preschool kids should avoid equipment 4 feet and over, while bigger kids can handle equipment up to six feet.

Bigger kids can play on climbing equipment, while younger children should stick to shorter slides and easy access equipment that focus on parent interaction.

**These tips are provided by US Consumer Product Safety Commission, Community Association Institute, ASTM International, and the National Program for Playground Safety.

Getting to Know Pia Trigiani

Michael Lee Pope of the Alexandria Gazette Packet interviewed Pia Trigiani, a prominent condominium and homeowner association attorney in the DC Metro area, on the problems and issues associations and their boards run into and how to deal with misconceptions. Click here for the link directly to the article.

Getting to Know … Pia Trigiani
By Michael Lee Pope Wednesday, April 23, 2008

Pia Trigiani graduated from Saint Mary’s College Notre Dame and received a law degree from the University of Richmond School of Law in 1983. She is a charter member of the College of Community Association Lawyers, and she currently serves as a member of the Board of Governors of the Virginia Bar Association, Virginia Board of Health Professions and Board of the Foundation for Community Association Research. Last year, she and David Mercer formed MercerTrigiani, a five-attorney firm provides corporate, litigation and public policy legal counsel to more than 350 condominium and property owners associations, real estate developers and individual owners located throughout Virginia and Washington, D.C.

Why did you decide to open a new firm in Old Town?
David and I have practiced together for more than 20 years. He is a native of Alexandria, and he was a football player at Hammond High School. He has been working in and around condominiums since he began his practice in 1973. I worked for the Virginia Real Estate Board until I came to Northern Virginia in the mid 1980s, and my work there was to regulate condominium sales in Northern Virginia. David and I started working together 20 years ago, and we have built this practice of representing condominium and homeowners associations. We probably represent about 400 different communities throughout Northern Virginia.

What kinds of problems do these groups run into?
Soup to nuts. It’s the full gambit of things that you’d expect a small business or a big business to address — from employment issues to contract negotiations, and then there are the special issues of how to conduct contract meetings. There are parts of the Condominium Act and the Virginia Property Owners Act that are very similar to the Freedom of Information Act. They require boards to meet in the open and to be transparent in their governance. There are due process procedures for rule enforcement and architectural violations. It really runs the gamut, and it’s pretty broad in scope.

What kind of challenges are presented by representing condominium associations?
It’s very akin to representing a town or a city and a small business. One level, these associations are businesses but they also have governmental characteristics. They have the authority to adopt and enforce rules and collect assessments. But they are also businesses. Condominiums are typically unincorporated associations, but the associations for property owners are incorporated as corporations. So they have the same challenges as a business. They have to develop a budget, hire employees and enter into agreements.

What kind of people become a part of a condo association?
Surveys have shown that people who live in community associations — condominiums and homeowners associations — are more invested in their community and tend to vote in greater numbers. So from a politician’s perspective they are a force to be reckoned with. They tend to vote more than people who don’t live in community associations. Most people purchase in a condominium association or a homeowners association because they like those restrictions. They know that it will protect their property values.

What’s the biggest misunderstanding about condo and homeowners associations?
There’s a commonly held view that condominiums are a bad thing because they are overly restrictive in what you can and cannot do in your unit and the common element. You see this all the time in the media. There was an episode of the "X Files" that talked about the crazy homeowners association president. Just this past season the "Desperate Housewives" had a homeowners association issue when a couple moved into the neighborhood and put in a tacky fountain that nobody liked. Homeowners associations and property-owner associations are often portrayed by the press as bad people, but I can tell you rule enforcement and protecting homeowners is important. Everybody likes the homeowners association when its time to get them to enforce a rule against their neighbor. But they don’t like it when it’s time to enforce the rule against them.

Tuesday, May 12, 2009

Speeders on Private Streets

A major complaint is the danger that speeders prove to be within communities. The private streets are not patrolled by police and community owners, particularly parents, feel the stress of safety concerns. How do you slow speeders down?

Here is a list to start with:

Radar signs
Employing off duty police
Speed humps and cushions
Rumble strips
Posted speed limit signs
Yellow striping
Chain and Post fencing to narrow streets
Speeding fines
Create partnership with local police department

Monday, May 11, 2009

What is EAB?

EAB stands for Emerald Ash Borer. In the summer of 2008, three infestations of the Emerald Ash Borer insect were discovered in Fairfax County. EAB larvae kills ash trees by feeding on the inner bark and disrupting the tree's ability to transport water and nutrients.

Because of the insect infestation, a number of local areas are quarantined for EAB, including: Fairfax, Arlington, Fauquier, Loudoun & Prince William counties and the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park.

All hardwood firewood, ash nursery stock, ash green lumber, and any other ash material, living or dead, cut or fallen, including stumps, branches, roots and un/composted chips from any species of ash.

These insects have the potential to do millions of dollars of damage to homeowners and associations. You may see EAB traps throughout the area. They are puprle in color, triangualr in shape and measure 14" wide by 24" long. The traps are baited with natural plant oil and covered in a non-toxic glue.

This information was provided by Fairfax County. If you have further questions, you can call 703-324-5304.

Wednesday, May 6, 2009

Loss Assessment Coverage

Loss assessment is a feature of condominium insurance. Under most condo association's bylaws, each owner will be assessed a proportionate share to cover major property and liability losses.

For example if the building and commonly shared areas are destroyed by a disaster such as a hurricane or tornado and the losses are not fully covered by the master policy, your association may assess a certain amount to all unit owners to cover the loss. Your condominium unit owners policy's loss assessment coverage would help pay for your share of these assessments.

The standard coverage for loss assessment is $1,000, but higher limits may be available.

Builders Transfering Control to Owners: What Documents?

What documents do I have to provide the condominium association when I transfer control to the owners?

Section 55-79.74:1 of the Condominium Act

Long but informative.

Tuesday, May 5, 2009

Condo owners: 7 tips for getting your neighbors to pay up

MSN's Real Estate section has a good articles on delinquencies and their effect on the association. Click here to read the article.

A highlights from the article:

But as a board member, you also know that your association has to keep collecting dues in order to stay afloat. Board members "have an obligation, a fiduciary responsibility to collect assessments and continue to provide the services and amenities that residents expect," says Frank Rathbun, spokesman for the Community Associations Institute.

Monday, May 4, 2009

City of Alexandria Board Vacancies

The Alexandria City Council is seeking applicants to fill the following vacancies on City of Alexandria boards, commissions and committees. Council will act on these vacancies at the May 26, 2009 City Council meeting. All applicants must complete a Personal Data Record Form and return it to the Office of Citizen Assistance or file the form electronically via the City’s website no later than 5:00 p.m., Friday, May 15, 2009. Applications received after this deadline will not be forwarded to City Council.

ALEXANDRIA AFFORDABLE HOUSING ADVISORY COMMITTEE has one vacancy for a representative of a civic association due to an expiring term. The Committee meets on the first Thursday of the month at 7:00 p.m. Approximately four hours per month are required of Committee members.

ALEXANDRIA-GYUMRI SISTER CITY COMMITTEE has one vacancy for a citizen member due to the resignation of Sueko Kumagai. The Committee meets on the fourth Tuesday of the month at 7:30 p.m. Approximately three hours per month are required of Committee members.

ALEXANDRIA ARCHAEOLOGICAL COMMISSION has one vacancy for a citizen member from Planning District III due to an expiring term. The Commission meets on the third Wednesday of the month at 7:00 p.m. Approximately five hours per month are required of Commission members.

ALEXANDRIA COMMISSION FOR THE ARTS has one vacancy for a member who represents arts education or business expertise relative to arts and cultural development, including such perspectives as marketing, finance/funding, tourism promotion and organizational development due to the resignation of Sylvia Saborio. The Commission meets on the third Tuesday of the month at 7:00 p.m. Approximately nine hours per month are required of Commission members.

ALEXANDRIA COMMISSION ON EMPLOYMENT has one vacancy for a citizen-at-large due to an expiring term. The Commission meets on the second Tuesday of the month at 8:00 a.m. Approximately five hours per month are required of Commission members.

ALEXANDRIA COMMISSION ON HIV/AIDS has one vacancy for a member from and representing the Alexandria Chapter of the American Red Cross due to an expiring term. The Commission meets on the third Monday of the month at 7:00 p.m. Approximately three hours per month are required of Commission members.

ALEXANDRIA ENVIRONMENTAL POLICY COMMISSION has one vacancy for a member from the field of environmental sciences (e.g. environmental/sanitary engineering, ecology, geology, botany, hydrology, chemistry) or who have Alexandria waterfront expertise, provided that at least four members shall have scientific expertise due to the resignation of Ernest Lehmann. The Commission meets for a work session on the first Monday of the month at 7:30 p.m., and a regular meeting on the third Monday of each month at 7:30 p.m. Approximately 15 hours per month are required of Commission members.

ALEXANDRIA GEORGE WASHINGTON BIRTHDAY CELEBRATION COMMITTEE has one vacancy for a representative of the business community nominated by the Alexandria Chamber of Commerce. The Committee meets on the third Monday of each month at 7:00 p.m. Approximately two hours per month are required of Committee members.

ALEXANDRIA HUMAN RIGHTS COMMISSION has two vacancies as follows: one citizen-at-large due to an expiring term, and one representative from the Alexandria Landlord-Tenant Relations Board due to an expired term. The Commission meets on the third Tuesday of the month at 7:30 p.m. Approximately five hours per month are required of Commission members.

ALEXANDRIA LANDLORD-TENANT RELATIONS BOARD has one vacancy for a minority resident of the City that is neither a landlord or a tenant (homeowner) due to an expired term. The Board meets on the first Wednesday of the month at 7:00 p.m. Approximately five hours per month are required of Board members.

ALEXANDRIA SOCIAL SERVICES ADVISORY BOARD has one vacancy for a citizen member due to the resignation of Saida Musse. The Board meets on the third Monday of the month at 7:30 p.m. Approximately six hours per month are required of Board members.
All applicants must comply with City Ordinance No. 2452, which states that no appointee shall reside outside of the City of Alexandria unless a residency waiver is granted, and City

Ordinances No. 2641, which states that City employees may not apply for vacancies on boards, committees or commissions that relate to the responsibilities of the department in which they are employed.

Members of the Human Rights Commission are available to assist any person or attend any meeting to explain the board and commission application process. To request such assistance, contact Jean Niebauer at 703.746.6390.

For further information about the vacancies or responsibilities of these boards and commissions, contact Rose Williams Boyd or Kathryn Mendenhall in the Office of Citizen Assistance on 703.838.4691.