Riverside 2011 in review

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 12,000 times in 2011. If it were a concert at Sydney Opera House, it would take about 4 sold-out performances for that many people to see it.

Click here to see the complete report.

How to Organize a Fall Festival for Your HOA or Condo Association

Many Homeowners Associations plan fall festivals. Some celebrate the end of the harvest, while others use a fall festival to provide a safe alternative to traditional Halloween trick-or-treating. Whatever the reason for thecommunity activity, with a little bit of planning the festival can be a lot of fun for all home owners.

Instructions

1. • 1

     Decide who is eligible to participate. For a project like this, the more community involvement you have, the more likely that the event is fun and successful.

   • 2

     Set a location and time. Advertise it on the street corners. Schools regularly host fall festivals, as do churches. In larger communities, the neighborhood holds the fall festival in one of its parks or grassy areas. Whatever location you choose, secure a backup location in case of bad weather.

   • 3

     Check out any insurance coverage you might need. Also, apply for any legal permits.

   • 4

     Enlist volunteers. This is sometimes the trickiest part of the equation. Recruit dependable people for key positions so you don’t have to scramble to do their job at the last minute.

   • 5

     Arrange for food kiosks. You might have apple pie stands, pumpkin bread stands and chili booths. Or, you might just decide to have a potluck-type meal where everyone brings a covered dish or two. Rent a cotton candy or hot dog machine.

   • 6

     Decorate your fall festival site. It can be as simple as setting out some pumpkins or more elaborate.  A decoration committee is well advised for this chore.

   • 7

     Set up games. Carnival-type games, such as cake walks and fish ponds.  Rent a bounce house…these are great for children. Going along with the fall theme, pumpkin carving competitions are fun as well.

Enjoy!  But alas, make sure there is a clean-up committee designated to tidy up after all of the fun!

What do Board Members do anyway?

Some people might wonder what Board Members do. Hopefully, this will shed some light on their duties and responsibilities for your community.

Homeowners Association Board

Board Members have a set number of responsibilities when they volunteer for your community.  Remember, they volunteer! So make sure you thank them for what they do.

Board Members are challenged typically on a daily basis with different aspects from personalities and duties and responsibilities within the community.  They have a definite purpose and specific duties to fulfill for your community.

 

The role of the Board is to set policy, standards, budgets and procedures for the association.

Probably the most important duty is the fiduciary obligations to the association.  This can be characterized into two parts; the duty of loyalty and the duty of care.  The duty of loyalty is requires the Board Member to act in good faith always in the interest of the community.  Never acting in their own interest or in the interest of another person. The duty of care requires the Board Member to act in a reasonable, informed manner when participating on the Board and making decisions for the day to day community’s care.

Board Members are able to delegate the duties of the association, but not the responsibility of their positions. It is the Board that is ultimately responsible for the association even if the Board hires a management company.  They can direct actions on behalf of the association, but the Board is completely responsible to the community. 

The governing documents as well as state and federal statues outline the Board responsibility within the community.  Areas of responsibility typically include:

• ·         Care, maintenance and enhancement of common areas including facilities and physical property.
• ·         Management of community finances and any reserve funds.
• ·         Community harmony.
• ·         Any employment the association has and the human resources of the community.
• ·         Interpretation, creation, enforcement of the rules and regulations of the community.
• ·         Community insurance needs and making sure guidelines for such are followed in the declaration.

This is in no way a full compilation of everything your board members do, just an overview of some of their duties.

Source: http://www.hoamanagementdirectory.com/blog.html?action=more&id=79

On the Fence

Fences provide privacy, boost safety and security and can add just the right aesthetic touch to the landscape.  But they also require maintenance, repair and replacement.

Fencing can be an ongoing problem for all associations, especially as communities and their features begin to age. Associations must budget for the care of these integral structures. Deciding when and how to repair your fencing, replace worn down or rotting parts or hire someone to handle maintenance can mean the difference between meeting or exceeding your annual budget.

When faced with aging fencing and the high costs of replacement, community associations have to form a strategic plan of action to ensure a cost effective use of operating funds, while at the same time employing an effective use of reserve funds. The case study that follows demonstrates how investigation into a current maintenance process can result in better service for residents, cost savings, improved budget forecasting and an increase in reserve funding levels.

FINDING A FIX

A community of approximately 700 single-family homes located in North San Diego, Calif, was recently faced with the challenge of developing a long-term strategy for managing its fences. Like many communities, this association had been allocating resources for fencing only through reserve funds, and solely on the basis of major component replacement and repair.  The existing wrought iron fence was installed in 1990, and originally was painted with two-part epoxy paint that lasted about nine years. Subsequently, the fence was painted in 1999 with Frazee Am-Plate paint, which did not last as long and is currently deteriorating.

In reviewing its procedures, the association sought to find a long-term, sustainable process for managing its fence maintenance and repair budget. With the assistance of its management company, the association conducted a study and analysis to review the fencing asset and refurbishing project.

The association had been using a deferred maintenance-only approach for the community’s 28,000 linear feet of fencing, which comprises approximately 2,600 four-by-four wooden posts and nearly 3,200 iron panels. The fence was being repaired only when there was noticeable damage or paint erosion, which is often costly and inefficient.

Under the deferred maintenance and replacement approach, which was dictated by a previous reserve study, fencing was broken into four categories: phases one, two and three and pool fencing.  All fencing components had a remaining life of two to seven years with a total replacement cost of more than $1.6 million. All the wrought iron fencing was slated for painting costs of $180,000 every five years using reserve funds. Until recently, the association did not incorporate into the operating budget a proactive annual maintenance component to coincide with strategic designations of reserve capital.

There’s a better way to maintain fences. You wouldn’t repair your car only once every seven years; you perform ongoing maintenance. The same logic can be applied to repairing and maintaining the association’s fencing.

The other issue for the association had been response time. Previously, when a homeowner submitted a request for fence repairs near or around his or her home, the process from initial review of the request to completion usually took two months or more. To begin to resolve the inherent problems in that approach, the association needed to investigate the costs related to a broader scope offence overhaul and repairs.

The association collected three bids to bring the fence to like-new condition using reserve capital and then funds from the operating account for ongoing maintenance. The association’s reserve study analysts deemed the funding strategy acceptable upon the premise that the maintenance program would be reviewed on an annual basis.

PROBLEM SOLVED

Beginning this year, the association started using an immediate portion of reserve funding-approximately 25 percent of the $1.6 million estimated for complete replacement-to update its fences. The association allocated enough reserve funds to add a buffer to all of the contractor bids, which were substantially below the allotted amount. It wanted to allow enough room in case there were rising costs. In addition to the earmarked funds to replace the fencing, all of the bids included quotes to maintain the fencing in a like-new condition for an indefinite period of time. The maintenance includes 40 hours per month, allocating $1,600 in labor costs and $600 per month for materials. This monthly maintenance strategy allows the association to implement ongoing, proactive fence maintenance rather than the reactive, deferred maintenance-replacement approach that was so problematic.

In addition, the association allotted $100,000 every eight years in reserve funds as a strategic designation of capital that allows for catastrophic fence failure or other needs. In total, the association will designate approximately $1.6 million for fence repairs over the next 30 years. This new program shares the cost between reserve funds and the operating budget. It’s the most cost effective and desirable way to maintain the fence for the life of the homeowners association. The association will put out a secondary bidding process in the future to account for up-to-date considerations and cost changes.

The new fence maintenance program addresses several major issues that the association had been facing. First, the program allows for improved service to residents by greatly reducing the need for delayed emergency repairs. Next, the program will save the association more than $500,000 in maintenance costs over 30 years. Finally, by allocating fence repair and maintenance costs to both operating and reserve funds, rather than the previous reserve funded-only “major component and repair” line item, this approach has raised the association’s reserve funding level more than 30 percent.

“Grandfathered” Rules

OK, your HOA’s changing some rules. But the gall of some owners! They want to be exempt from your new rules, or “grandfathered in.” Should you grant their request?

Here, we discuss the pros and cons of creating exceptions for rules, give four examples of when it’s smart and not smart to grandfather residents in, and provide tips to ensure the grandfathered rules don’t last forever and are enforceable.

When to Grandfather? It Depends

“I think it’s a great question,” says David Mercer, a partner at MercerTrigiani in Alexandria, Va., who represents more than 500 associations in Virginia and Washington, D.C. “The answer depends on the specifics of what you’re trying to accomplish. It depends on how serious the problem you’re addressing is and how difficult it’s going to be for residents to change their behavior to comply. Each factual situation you confront brings different issues to the grandfathering clause.”

Robert Galvin, a partner at Davis, Malm & D’Agostine PC in Boston who specializes in representing condos and co-ops, has one absolute. “Never grandfather specific units or people,” he says. “Also, grandfathering isn’t something you do very broadly. Usually, if a rule is a good idea, nobody should be grandfathered. But there are instances where it’s appropriate.”

Here are a few examples:

1. Rental Restrictions

A change of use is a good barometer of when to grandfather, says Kristen L. Rosenbeck, a partner at the Mulcahy Law Firm PC in Phoenix, which represents associations. “I typically want to recommend grandfathering if we’re changing a use,” she says. “Let’s say it’s a rental restriction. That’s a large issue and a change in use. So let’s grandfather owners already renting out their unit and make the rule apply to future owners from this point forward. Some clients want to have the rule take effect when current renters leave. We have case law that says that’s sufficient. But because that change is controversial, I’d recommend clients say the rental would continue until ownership changes.”

2. Color Scheme

Rosenbeck doesn’t think the same reasoning applies to a change in a neighborhood’s color scheme. “We can change the scheme, and that’s not tied to ownership,” she says. “So we could grandfather the current scheme and have it be acceptable until you have to paint your house again.”

3. Pet Rules

“Assume your association is a pet community, so when a condo owner bought, he could have pets,” explains Mercer. “He recognized the condo rule could be changed if, say, 66 and two-thirds of his neighbors voted to change it. Now they’ve voted to change into a no-pet community. The board should want voluntary compliance, but it’s very unrealistic to expect people with pets to move or get rid of their pets to be in compliance. But it’s reasonable to expect that if you grandfather pets in and say, ‘For starters, you need to register your pets. Only those pets will be allowed to stay, and they can’t be replaced when they die.’ Now you’re working toward total, voluntary compliance in several years without the disruption, adversarial approach, and disenfranchisement of people.”

4. Smoking Bans

“There should be no grandfathering when there are safety concerns,” says Rosenbeck. Example? “If you take a health issue like smoking, and you want to ban smoking in the entire property, that gets a little more traction if you say, ‘Except in your unit, we’re banning smoking in all areas,’” adds Mercer. “Still, you might want to consider an area in the common elements that would be restricted as a smoking area rather than going cold turkey on all areas.”

“Every time I’ve been involved in a change that alters the fiber of a community, the association has provided grandfathering,” says Mercer. “It’s difficult enough to get an amendment that you risk it not being passed without grandfathering. The analogy I make is that of a local government authority that wants to change zoning and prohibit a light industrial use in a particular zone. The government can’t just say to someone, ‘And by the way you can’t run your business anymore. But it can say, ‘You can’t sell or change your business use, and once you end the business, it’s done.’”

Source:  http://www.communityassociationmanagement.com/rules/violations-and-enforcement/2461-qgrandfatheredq-rules.html

Keeping Children Safe at Play

What would be more delightful or heartwarming than the sights and sounds of laughing and playing in your community?

 

Every effort should be made to ensure that the joys of childhood continue in associations, especially with the importance of putting community back into community associations.  From a child‘s perspective, “kid friendly” means fewer rules and restrictions. From the adult’s perspective, it means only implementing and enforcing those rules that are absolutely necessary to protect themselves, the children and association property.

 

The existence and enforcement of reasonable rules can protect an association from liability, but liabilities remain, especially when the association doesn’t or can’t enforce those rules all the time. Just as an owner might sue an association based on the board’s failure to enforce a nuisance rule, an owner also could sue if the association failed to enforce a rule that prohibits children from climbing common element trees or playing in common element parking areas. Theoretically, the association passed the rule because of the inherent danger associated with the activity, thus the association had a duty to enforce its rule to prevent the danger. Would such a theory hold up in court? Much stranger things have happened.

 

Summer Fun at the Homeowners Associaition Pool

Associations should pass only rules that are essential to the health, safety and welfare of their residents–and ones that they can and will enforce. But what rules are essential? Each association must answer that question based on the circumstances and needs of the community. However, let’s take a look at the tree-climbing and parking-lot rules mentioned earlier.

 

A rule against children climbing trees on common elements could recognize both that children occasionally fall out of the trees they climb and that the trees can be damaged. Often the tree is too small for the size of the climber or the climber has tried smaller and weaker branches. In both cases, the damage to the tree may be accompanied by injury to the child. These certainly are legitimate interests, but do they warrant a rule? The association should ask first whether it needs the rule as a warning. In my opinion, most courts will recognize that children are naturally interested in climbing trees and may be injured by doing so. The courts also will recognize that it would be difficult, at best, to keep children out of a good climbing tree. Moreover, every child and parent already knows that if a climber falls from a tree, he or she likely will be injured. Thus, the rule is probably not necessary as a warning

 

The association should explore next whether it needs the rule as a deterrent-preventing climbing through fear of consequence. If the fear of falling is not a natural deterrent, I suspect that the fear of a fine or sanction (which mom or dad would have to pay) is not likely to do the trick–at least from the child’s perspective. Nor will it have a deterrent effect on parents. Those parents who would keep their children out of trees even if no rule existed don’t need the rule. Similarly, those who feel it is OK for their child to climb trees probably would find the rule silly and would not be deterred.

 

Then, does the association need the rule to protect association or owner property, or limit association liability? As for the property issue, trees lose limbs and branches naturally, so the loss of a few to climbers probably isn’t a big deal. If damage occurs to a tree on a lot, the owner probably has the right to make a claim against the master policy as well as his or her homeowners insurance policy.

The liability issue is more problematic. The mere existence of the rule may invite liability because the association will not be able to monitor all trees all the time. In actuality, most associations will not watch their trees unless a board member or manager just happens along and sees a climber.

 

Although it might seem ludicrous, a litigant certainly could claim that he or she relied upon the association’s rule to keep his or her child out of trees, and thus out of harm’s way.

 

The real problem, of course, is that this rule is not kid friendly. And, if the association passes such a rule without one or more of the elements mentioned earlier being of primary concern to the welfare of the association, the rule is not likely to have a positive effect.

 

Similarly, a rule prohibiting children from playing in common element parking lots appears to be a no brainer because it benefits all. However, looks are deceiving. In this case, both children and parents should know that playing in the parking lot is inherently dangerous. Parents also know that smaller children must be watched because a passing motorist may not be able to avoid a child darting between parked cars. Motorists also know to drive cautiously in a residential parking lot. Accordingly, a rule against playing in the parking lots is superfluous for warning purposes.

This rule won’t deter children from playing in the parking lots. Presumably, smaller children will be kept from these areas by parents or older siblings. Older children probably will play there whether the rule is known to them or not. Kids have been playing ball and skating in streets and parking lots as long as there have been streets and parking lots.

 

Finally, the existence of this rule is likely to have little positive effect on the association’s liability in the event of a tragedy. Let’s say that a child is injured by a vehicle in the parking lot. The association’s liability for such an incident, if any, will probably concern the lighting level in the parking lot or perhaps poorly placed plantings that impeded the driver’s view. If these circumstances contribute to the likelihood of the injury, having a rule against playing in the parking lots will not protect the association from liability. And, as in the previous example, a grieving parent could claim that, had the association enforced its rule, the child would not have been injured or killed.

 

So what appear at first impression to be two reasonable rules really have no redeeming value; they are not kid friendly. They are difficult or impossible to enforce. If anything, they might add to an association’s potential for liability. In short, they’re unnecessary.

 

The only kid-centric rules associations must have are those related to the swimming pool. Some associations also have rules related to the minimum age for use of tennis courts. Associations with a workout facility may need to have rules about equipment use as well. Otherwise, the best rules for children are the ones imposed by their parents.  After all, the parents will be held responsible for damage done by children that is not covered by insurance.

 

Source: http://www.communityassociationmanagement.com/rules/violations-and-enforcement/2473-children-at-play.html

Keeping the Peace Among the Neighborhood and Condo Associations

Body Language

Clubhouse Meeting

As the Treasurer of the board, you’re at a homeowners meeting explaining why fees need to be increased.  “I’m confident that this is the right thing to do and I’m open to your comments,” you say.  A homeowner in the audience is staring at you with arms crossed, lips pursed and fists closed.  Should you be concerned?

People’s gestures often give away their true feelings.  Holding eye contact can signal an impending challenge; tight lips may spell defiance; the position of the arms and fists often indicates a closed an hostile attitude.

Most of us miss body language cues- and miss the chance to communicate effectively.  You may not even realize what your non-verbal messages tell others, but they’re important.

Body language accounts for more than half of your message, while words and tone make up the rest, according to experts.  If your words say, “I’m confident,” but your body says otherwise, people are more likely to believe what your body is communicating.

Here’s how you can use body language to enhance your face-to-face communications.

Make sure your verbal and non-verbal messages are in sync.  As the board treasurer in the example; you need to convey confidence by walking tall, sitting upright, and standing straight when speaking.  You’ll gain credibility if you make eye contact with people you’re talking to- but don’t hold their gaze too long or you’ll create discomfort.  Keep your palms visible and open to show you’re receptive.

Harmony

Keep your facial expression neutral.  It will show that you’re unbiased.  If you cultivate a neutral attitude-by admitting that you have an opinion and consciously setting it aside – then a neutral expression will follow.  Avoid silent feedback, like nodding your head in agreement or disagreement, when you’re listening to a residents comments or a contractor’s pitch.  The last thing you want to do is give the impression that you’ll take a position and then later vote to do the opposite.

Be aware of your own body language.  Learn how your feelings affect your gestures.  What do you do when you’re anxious, angry or elated?

Adjust your body language in response to the signals others give you. For example, when you’re standing chatting with a resident, start by standing at a distance that works for you.  If the other person moves back, don’t step forward again.  This will make your neighbor feel comfortable because you’re not invading their personal territory.

Be Natural.  When you believe what you say and feel, your body language will support your message and you’ll appear genuine.  If you try to adopt mannerisms that don’t support your true feelings, you’ll seem phony.

Dress for success.  As a rule of thumb, it’s a good idea to dress slightly more professionally than the person you are meeting.  It shows respect because you’ve taken the time to present well.

But back to the meeting – how should you respond to your neighbor who seems disgruntled, not just cold?

Tell yourself that you will not lose your cool, and your body language will show that you remain confident and in control.  Be conscious of what you do when you’re threatened or angry and curb those behaviors.  Don’t look menacing in return by mirroring the offending body cues.  If all else fails, take a break.  Then you can all come back refreshed and ready to start communicating again.

Read from the source at http://www.communityassociationmanagement.com/dispute-resolution/preventing-disputes/193-body-talk-.html

Homeowners Association Board Protocol

PROCEDURAL RULES FOR CONDUCTING MEETINGSOF THE ASSOCIATION Organization principles – rules of conduct – are necessary to shape a strong and effective Board of Directors for the betterment of the entire community.  Based on freedom of speech, respect for fellow members, … Continue reading →

Financial Checks and Balances for Atlanta Condominiums « Atlanta Condominium Management

Financial Checks and Balances for Atlanta Condominiums « Atlanta Condominium Management.

Homeowners Associations Expectations

Atlanta at Night

Real estate developers usually create a homeowners association to control the appearance and managing of common areas in the land being developed. Upon selling a preset number of homes in the developed residential subdivision, it is turned over to the homeowners of the subdivision. There comes a time though that this association would need some form of help from experts to make sure that the subdivision will be a great place to live in.

This is where HOA managers come in. If you are living in Georgia and you think that your homeowners association is in need of professional guidance, you are in luck as there are good HOA managers in the city.  When searching you might want to consider this helpful website.  Before you work with one though, make sure that they offer plenty of services that will satisfy the needs of the association and that you have a good understanding of what your associations needs are so you can communicate those clearly to the community association management company.

Common features include HOA managers attending annual board meetings. This way, they would be able to gauge properly the progress of the association in terms of obtaining its goals. It would also enable them to see in what facet is the association lacking in terms of focus. This would allow them to be able to provide enough input that the whole association would benefit from.

The annual budget of the homeowners association is a delicate matter and it needs to be properly managed. Thus, it would be a good thing to have an HOA management company that would be able to provide professional guidance to the board of directors in formulating the annual budget. This way, the association would be able to make the most out of its budget. With that in mind, all residents of the subdivision would be able to benefit greatly from the money they have put in the association.

On the meeting that HOA managers would attend, they also have to be able to present a recap of the past year’s budget and its appropriations. This would allow the members of the association to see where the money went. This would provide transparency which is a very important thing especially with money involved.

These are the most common things that you should look for in an HOA manager or HOA management company. They would be handling very vital functions and thus should have the right background for the job. Apart from having these most common features as part of their service, they should be able to provide you with enough proof that they have extensive experience in such endeavors.  Also ask them to show you the certifications the staff has from the industry educational organizations.  This educational experience will allow you to understand the time and energy the HOA property management company has invested to prepare to help your Homeowner Association or Condominium Association.