Posted on

Homeowner education: Be resourceful with CAI’s HOAResources.com

The best community associations have knowledgeable governing boards, highly-engaged residents, and educated and trained professional managers leading their communities. CAI has believed that since its founding in 1973, and it’s why we offer information, education, and resources to members and the general public. It’s why we recently launched HOAResources.com, a digital news site for the millions of residents living and working in condominium communities and homeowners associations worldwide.

We recognize that the community association model has evolved and grown up over the years, becoming a well-established and increasingly successful form of community governance and an essential component of the U.S. housing market.

There’s an increasing need to educate, train, and provide the latest news and resources to the millions of potential homebuyers, homeowners, and renters living in these communities. After all, 61 percent of all new housing built for sale is in a community association.

The new site lets CAI members and the general public find practical advice on common issues in the community association housing model. The site will address HOA basics, financial planning, rules and governing documents, as well as security and safety. Many time-tested best practices are showcased on the site, often through free, downloadable documents.

Go to www.HOAResources.com, and share the information with homeowners, friends, and colleagues.

The post Homeowner education: Be resourceful with CAI’s HOAResources.com appeared first on Ungated: Community Associations Institute Blog.

Posted on

Talent wanted: How to hire and retain skilled community association managers

Recruiting and retaining skilled managers can be challenging for community associations and management companies, especially in a very competitive labor market and with communities limited by tight budgets.

In this reality, it becomes even more important for associations and management companies to highlight their strengths and address organizational shortcomings, says business speaker and author Peter Sheahan.

The founder and CEO of Karrikins Group, a Denver-based business growth strategy consulting firm, Sheahan has been an innovative business thinker for more than 20 years. He has advised leaders at companies such as Apple, Microsoft, Hyundai, IBM, and Wells Fargo. He’s also authored seven books, including the recently released Matter: Move Beyond the Competition, Create More Value, and Become the Obvious Choice and Generation Y, a book about the millennial workforce.

Peter Sheahan

Generation Y came about due to Sheahan’s experience as manager of a hotel in Sydney, Australia. “I noticed there was a very big disconnect between what the young people that I was hiring wanted from their experience of work and what I needed from them at work, as their employer,” he says.

Since that formative experience, Sheahan and his team have strived to help company leaders understand ways to attract talented workers.

“People think that the secret to attracting and retaining talent is little things like, ‘Let’s give them free lunch’ or ‘What perks can we offer?’ or ‘What are our benefits compared to the benefits down the road?’ But at the end of the day, it really comes down to the quality of the organization,” Sheahan says. “Is it successful? Is it high performing? Because good, smart people want to work in those environments.”

Sheahan recommends a few best practices for community associations and management companies for recruiting and retaining talent:

    1. Stop thinking about tactics, and start thinking about the performance of the organization. The focus should be on building an organization that is robust and resilient. “Great organizations have no trouble attracting and retaining talent,” says Sheahan.
    2. Build a culture that people want to work in. The perks and benefits can’t be the only lure for bringing in talented workers. Sheahan warns that if the culture doesn’t reflect what was promised to the manager when hired, “You’ll find yourself in bigger trouble.”
    3. Be courageous. It’s important to brave a tight labor market to find talented people, says Sheahan. It’s also about having the courage to build a high-performing team. “A team is only as strong as its weakest link, so we need to be capable of managing the performance of the underperformers or, at times, even having the courage to move people on,” he says.

Sheahan will be one of the keynote speakers at the 2019 CAI Annual Conference and Exposition: Community NOW, May 15-18, in Orlando.

The post Talent wanted: How to hire and retain skilled community association managers appeared first on Ungated: Community Associations Institute Blog.

Posted on

Made in the HOA: 5 steps for effective community association leadership

Some volunteers who have served on a community association board have realized that much of what works for them in their day job doesn’t work as well in the context of board governance. That’s because, in an association, no single person is in charge. Decisions are made by the consensus of board members, so the chain of command is horizontal and less hierarchical.

The best board members understand this very different paradigm. They also prepare for the role and follow the steps below.

Embrace group decision-making

The individual director typically has no power. Once directors embrace the framework of the board as decision-maker, they understand that they cannot make individual promises. This restraint can be very freeing since no individual is responsible for the association and its actions.

Know limitations

A director’s role is in the title; he or she is a person who gives direction. Directors are not normally required or expected to act. The board directs its manager, employees, and service providers to act through association policy and individual decisions.

A director has got to know his or her limitations. The best accept that they do not know everything; they rely upon managers, consultants, and committees. Such directors handle board disagreements much better by accepting the possibility that another sees or knows something that they do not.

Prepare for meetings

The dynamic between group decision-making and relying on experts should be on full display during association meetings.

The most productive and efficient meetings are the result of committed and prepared volunteers, normally assisted by a great manager. To help bring about the best board meetings as a director:

  • Read the agenda packet.
  • Stay on topic.
  • Talk to the board, not the audience.
  • Ask the manager for input on most motions.
  • Encourage open forum as an important part of meetings, and pay attention.
  • Don’t comment on every motion.
  • Respect your board colleagues.

Handle disputes without hostility

During your board service, there will occasionally be violations of the governing documents or other un-neighborly conduct. Try to work things out. Gentle escalation is almost always preferable to “going legal” right out of the gate.

Don’t assume the violating homeowners are disrespecting the board. They might not understand their rights and responsibilities. Give them a chance to do the right thing.

In addition, don’t be too quick to take sides in a dispute between residents, unless there is independent corroboration of the problem. Encourage residents to work things out as neighbors.

Recruit replacements

Finally, begin identifying and preparing your replacement on the board. Volunteer service should not be a life sentence. Committees are a great place to identify people who not only have the interest but will demonstrate commitment to the association and proper attitudes of service and governance.

April is National Volunteer Month. Stay tuned for a look at some of the inspiring work done by homeowner leaders.

The post Made in the HOA: 5 steps for effective community association leadership appeared first on Ungated: Community Associations Institute Blog.

Posted on

A nice approach: Finding success in your community and in business

Disputes and disagreements between board members, residents, community managers, staff members, and business partners are an inevitable part of living in a community association. While generating an atmosphere of kindness and respect might seem easier said than done, it can make for a more collaborative and positive environment for all, says advertising leader and best-selling author Linda Kaplan Thaler.

Thaler, who is CEO and president of Kaplan Thaler Productions, has carried the belief throughout her professional career that being nice pays off. Thaler’s advertising agency became famous for developing the Kodak Moments campaign, catapulting Clairol Herbal Essences into notoriety with a series of ads inspired by the iconic deli scene from “When Harry Met Sally,” and turning “I don’t want to grow up, I’m a Toys R Us kid” into one of the most recognizable jingles in the world.

Linda Kaplan Thaler

She says that her parents, especially her father, instilled the importance of being mindful and respectful of others. While working on a book that demonstrates this philosophy, The Power of Nice: How to Conquer the Business World with Kindness, she interviewed leaders and CEOs who noted their key to higher productivity and profit margins was practicing kindness.

“We don’t have enough people out there, enough leaders out there, who are really espousing this belief that being nice is really a tool for success. You are not filling people’s champagne glass. You are not a doormat,” Thaler emphasizes. “It is a fine strength when you can allow people in to collaborate. At the end of the day, people will work much harder if they feel acknowledged and if they feel like part of the process.”

The same applies to community associations. Thaler believes that codes of civility are a great way to get people toward a path of being nice to one another. “You can’t have a culture, or an association, or a group of homeowners who will feel comfortable with each other if incivility is allowed, if disrespect is allowed,” she explains.

But actions always go beyond words, and community associations can practice what they preach in simple ways. “Listening is such a huge part of creating a culture where people are nice to each other, where people are kind to each other, because they feel like they are being heard,” Thaler says, adding that listening is also critical to creating empathy and connecting with people.

“The other thing is that you can deflect a lot of tension with humor. When we make another person laugh, we are basically creating a bond,” she notes, saying that humor can be a tool before communicating decisions that may not sit well with many people. “I think it’s very important to use humor in a way that says, ‘It’s going to be OK.’ ”

Thaler will be one of the keynote speakers at the 2019 CAI Annual Conference and Exposition: Community NOW, May 15-18, in Orlando.

The post A nice approach: Finding success in your community and in business appeared first on Ungated: Community Associations Institute Blog.

Posted on

How to prepare for a community association volunteer role

A community association is no better than the board of directors that leads it. If an association is to be excellent, willing volunteers must be developed. 

Excellent board members understand that their position is one of service rather than control. They serve their neighbors; they don’t supervise them. A service-forward attitude results in a less defensive perspective in which new ideas and opinions are welcomed and not perceived as insults or threats. 

Before seeking a board seat, the best candidates improve their readiness for the position. They should: 

Read the governing documents at least once. The governing documents are the framework (along with applicable laws) within which the board must operate. 

Join CAI and take advantage of all its resources. CAI is the only respected resource in the U.S. and around the world for homeowners to better understand effective community governance. CAI offers excellent introductory publications, training courses to better serve your community, and both online and in-person workshops.  

Understand the business judgment rule. The business judgment rule separates careful board members from liability for the decisions they make while governing the association. Learn the boundaries of that rule.  

Attend at least four board meetings. Familiarize yourself with board meeting procedures, and observe the current issues being addressed.  

Talk to the community manager.  The manager may not endorse or oppose any board candidate (ethics bars it), but he or she can tell you what makes a good director. 

Read the annual budget. Study the budget and see where the association’s money goes before you pass judgment on the current board. 

Read the most recent reserve study. If the board has been reluctant to raise assessments in several years, and repairs aren’t being made in the community, the board may have suspended reserve account deposits.  

Avoid predetermined agendas. Board candidates often run on platforms that sound great but are based on inadequate information. The sitting board almost always has much more involvement and information than non-directors, so avoid making promises before you learn if you are right. 

April is National Volunteer Month. Stay tuned for more tips and tricks to volunteering in community associations as well as a look at some of the inspiring work done by homeowner leaders.

The post How to prepare for a community association volunteer role appeared first on Ungated: Community Associations Institute Blog.

Posted on

Condominium assessments and bankruptcy: What can associations collect?

Courts across the nation are split on whether post-petition community association assessments constitute dischargeable debts under Chapter 13 of the U.S. Bankruptcy Code. To make matters worse, in November, the Supreme Court denied a petition to review the issue, leaving the community association industry wondering if the existing dispute among the courts will ever have a concise national remedy.

This past July, the Ninth Circuit Court of Appeals, which comprise several Western states, had held in Goudelock v. Sixty-01 Ass’n of Apartment Owners, No. 16-35385 (9th Cir. July 10, 2018), that an individual’s pre-petition debt or claim for assessments—created when a property owner takes title to property and which contractually obligates the owner/debtor to pay assessments—is dischargeable when the owner/debtor successfully completes a confirmed Chapter 13 plan. In November, CAI attorneys drafted and submitted an amicus brief in tandem with the (now denied) petition to the U.S. Supreme Court appealing the Ninth Circuit case.

CAI’s amicus brief made it clear to the Supreme Court that the rationale employed by the Ninth Circuit in Goudelock has far-reaching implications for community associations throughout the U.S., as it threatens the lifeblood of community associations—the continued ability to levy and collect assessments and dues for the maintenance and preservation of community property. Due to the Supreme Court denying the association’s petition, the Goudelock decision stands. This decision is already negatively impacting community associations in the Ninth Circuit, as courts have cited the Goudelock decision in their reasoning for denying community associations the ability to collect debts in Chapter 13 bankruptcies.

Yet not all courts across the country agree with this decision. In February, the U.S. District Court in New Jersey handed down a decision that positively impacts the amount of money a condominium association with a properly recorded lien is entitled to receive when a unit owner files for Chapter 13 bankruptcy.

In an appeal filed by the Oaks at North Brunswick Condominium Association, the New Jersey court reinforced that a condominium association lien that is recorded in accordance with the New Jersey Condominium Act is given elevated priority over other claims and that said lien is partially secured and no amount of the lien can be stripped because of the Anti-Modification Clause. This means that condominium associations should receive the full amount of their lien claim when a unit owner files a Chapter 13 bankruptcy.

For now, these conflicting rulings leave our community association attorneys confused and frustrated. Outcomes such as the Oaks at North Brunswick case provide hope for dischargeable debts in our industry. However, Goudelock provides that pre-petition condominium assessments are dischargeable in Chapter 13 proceedings but leaves some critical questions unanswered. This being the first circuit court case on the issue, chances are the other circuits may weigh in. At the end of the day, attorneys need to be aware of Goudelock and its possible application to every Chapter 13 case where the debtor owes community association assessments.

This post also is running on CAI’s Advocacy blog, where you can read about the latest court cases, state and federal advocacy efforts, public policies, and more.

The post Condominium assessments and bankruptcy: What can associations collect? appeared first on Ungated: Community Associations Institute Blog.

Posted on

What to know before you rent your home

If you own a home in a community association and want to rent it out, you can make the leasing experience successful and positive for everyone by understanding your responsibilities. This will help preserve your property value specifically and maintain the association’s property value in general.

Before you make your home available for rentals (short-term or long-term), be sure to check your association rules and local laws. Some communities and municipalities specifically prohibit rentals or may regulate the terms (length, frequency, number of renters, etc.). You also should contact your homeowners insurance carrier to be sure you’re covered for any incidents related to rentals.

Assuming all checks out, follow the simple steps below to ensure you, the tenants, and the association all have a positive experience.

Provide your tenants with copies of association rules. Your tenants may not be familiar with common-interest community living. Take a few minutes to explain to them that living in a community association is very different from living in a rental apartment community.

Ensure that tenants comply with association rules. Your tenants, like all residents, are subject to the rules and regulations of the association. The board and manager can assist you in this area, but the responsibility lies with you.

Advise tenants on the proper use of association facilities. Provide your tenants with written copies of all policies and rules regarding community amenities and common areas. You can obtain copies of these and other useful documents from the board or manager.

Use a written lease agreement, and make sure it requires tenants to comply with all association governing documents. As a landlord of a home in a community association, the lease you use must require tenants to comply with the association’s governing documents.

In the event your tenant fails to comply with these documents, including the bylaws, or its rules and regulations, a representative of the association will first contact your tenants in an attempt to remedy the problem. The association will send you a copy of any notice sent to tenants.

If the tenant doesn’t correct the violation, the association will contact you and expect you to remedy the violation using the recourse available to you through your lease agreement. If you are unable to correct the violation, the association may pursue appropriate legal action against the tenant, and possibly against you.

Provide the association with contact information for your tenants. The association will add your tenants to its mailing list, and they will receive the newsletter, invitations to participate on committees, notices of social activities, and general association-related information. This information also will be used in case of emergency.

If you’re a renter and don’t have a copy of the association rules or if you’d like more information about the association, contact a board member or manager.

The post What to know before you rent your home appeared first on Ungated: Community Associations Institute Blog.

Posted on

Enforce, collect, and hire help: An association board’s biggest responsibilities

A community association board consists of volunteers elected to serve on behalf of residents to execute a wide variety of tasks. It’s a big job, but most board members are happy to serve and make the community a great place to call home.

The board’s biggest responsibilities include enforcing rules, collecting assessments, and hiring help.

Enforcing rules

One of the most important things the board does is enforce the association rules and regulations.

Rules and regulations help community associations maintain property values and protect a quality of life. These standards are typically described in detail in an association’s governing documents, which all homeowners should have an opportunity to review before purchasing a home in a common-interest community.

While some residents may not like being told what they can and can’t do, ultimately the board is looking out for the greater good. By enforcing the rules, the board is doing its best to keep property values up and conflicts down. Of course, the board wants to make sure the rules are beneficial for the majority—and hopefully all—residents.

You are welcome to raise concerns about the rules at open board meetings. Before you do, come prepared to discuss background information, causes, circumstances, desired solutions, and other considerations.

Collecting assessments

Another major responsibility of the board is to collect assessments from homeowners. Collecting this money is important for the financial stability of the association.

The assessments pay for the common elements enjoyed by all residents. Assessments also help to replenish the reserve funds, which pay for any major repairs the association may need.

The board is responsible for the association’s finances, and collecting assessments is how it ensures that the association remains solvent.

Hiring help

Finally, the board acts on behalf of the association by hiring managers, attorneys, contractors, and other professionals who help better the association. Board members also help conceive and lead many of the projects that will improve the community.

Learn more about what these volunteers do by talking to your board members, attending an open board meeting, or even running for a seat on the board during the next election. The more people we have looking out for our associations, the stronger they will be.

The post Enforce, collect, and hire help: An association board’s biggest responsibilities appeared first on Ungated: Community Associations Institute Blog.

Posted on

Seven ways to be heard at your next condo or HOA meeting

Residents are encouraged to attend and observe community association board meetings. If you’d like to bring an issue to your community association governing board’s attention, you’re welcome to speak during the homeowner forum—a time set aside just for you.

So that everyone who attends has an opportunity for a meaningful exchange with the board, typically residents are asked to observe the following guidelines:

Act professionally. Although you’re all neighbors, this is a corporate business meeting. Please behave accordingly.

Sign in. If you’d like to address the board, please sign in when you arrive. You will be called in the order you entered. This allows the board to contact you if further information is needed and to report back to you with an answer.

Be productive. The homeowner forum is an exchange of ideas, not a gripe session. If you’re bringing a problem to the board’s attention, share your ideas for a solution too.

Leave emotions aside. To keep the meeting businesslike, please refrain from speaking if you’re particularly upset about an issue. Consider speaking later, speaking privately with a board member, or putting your concerns in writing and emailing them to the board.

Take your turn. Only one person may speak at a time. Please respect others’ opinions by remaining silent when someone else has the floor.

Keep it brief. Each person will be allowed to speak no more than five minutes. Please respect the volunteers’ time by limiting your remarks. If you need more than five minutes, please put your comments in writing. Include background information, causes, circumstances, desired solutions, and other considerations you believe are important. The board will make your written summary an agenda item at the next meeting.

The board may not be able to solve your concerns on the spot, and it’s not a good practice to argue or debate an issue with you during the homeowner forum. The board usually needs to discuss and vote on the issue first. But every good board should answer you before—or at—the next board meeting.

For more information about managing your community association’s homeowner forum, find the latest on-demand webinars and publications on community association governance.

Don’t miss out on valuable information like this from CAI. Subscribe and receive CAI’s Ungated blog directly to your inbox. Check the subscription box at the right on your screen.

The post Seven ways to be heard at your next condo or HOA meeting appeared first on Ungated: Community Associations Institute Blog.

Posted on

A ‘kinder, gentler’ community starts with you

“Where is it written that we must act as if we do not care, as if we’re not moved? Well, I am moved. I want a kinder, gentler nation.”

That was the late George H.W. Bush as he accepted the Republican nomination for president in 1988. Bush, of course, would go on to serve in the Oval Office from 1989–1993. His call for civility rang true then and rings true today, perhaps even more so. It applies in politics, society in general, and in community associations.

Many association board members, managers, and business partners report dealing with disruptions at meetings, profane and threatening emails, and other behavior that most people would consider uncivil. In fact, some communities are moving to adopt codes that demand courteousness and respect, ban foul language, and prohibit threats of physical and psychological harm.

Read about these steps and a discussion about civility today in “A Civil Action,” the cover story in the January/February Common Ground TM magazine. 

For the article, we checked in with some experts on the subject, including Daniel Buccino, the current director of the Johns Hopkins Civility Project at Johns Hopkins University in Baltimore, Md.

Is strife becoming more common in American society? Public opinion polls show that most people believe that it is, yet Buccino notes that people have been concerned about civility for a long time, and many think it’s somebody else’s problem.

The university’s project was founded in 1997 by Pier Massimo Forni as an aggregation of academic and community outreach activities aimed at “assessing the significance of civility, manners and politeness in contemporary society.” Forni’s efforts inspired civility-based initiatives on college campuses and in communities around the country.

In his book Choosing Civility, published in 2003, Forni shares and examines 25 rules of considerate conduct. He writes about the need to be agreeable: “We need agreement in our lives because it is gratifying and healing, because human bonds could not be forged without it, and because it is the foundation of social harmony. Of course disagreement can be productive. ‘A little rebellion, now and then, is a good thing,’ observed Thomas Jefferson. In disagreement alone, however, we couldn’t survive.”

Sadly, like Bush, Forni also passed away at the end of 2018. As a new year begins, maybe we can learn to follow their advice. Maybe we can accept that incivility today is our problem. Maybe we all can be a little kinder, gentler, civil, and agreeable.

The post A ‘kinder, gentler’ community starts with you appeared first on Ungated: Community Associations Institute Blog.