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Management Articles |
| Enabling the Disabled Federal requirements and court cases involving the disabled are beginning to impact homeowner associations. The Fair Housing Act definition includes a wide range of conditions that qualify including major physical disabilities, mental retardation, emotional or mental illness, some learning disabilities, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, multiple sclerosis, cancer, heart disease and HIV. While associations have not been the prime target of the Fair Housing Act yet, it’s clear that the association and the board of directors have liability when dealing with disability issues. Homeowner associations are supposed to make "reasonable accommodations" for disabled residents. Examples include suspending a No Pets Rule for a seeing eye dog or suspending an unassigned parking policy to accommodate a reserved space near a unit occupied by a disabled person. "Reasonable" does not include installations that would cause an extraordinary expense to the association or not substantially enhance the disabled resident’s use and enjoyment of the facilities. In other words, the association may weigh the cost vs benefit in making accommodations. For example, it’s acceptable for the board to deny suspending a No Pets Rule to a blind person who wants a cat since the accommodation must be related to the disability. One disability issue involving associations is group homes, typically for mentally or physically disabled, within a "single family, residential use only" homeowner association. While some associations may try to prohibit them, court cases and many state statutes make it clear that prohibitions cannot apply to group homes. An example of disability accommodation involved a disabled woman who purchased a condominium in the Pacific Northwest. Shortly after moving in during July, she informed the manager that she was going to install a through the wall air conditioner due to "doctor's orders". She was informed that she needed board approval and should make a written request. Several days later, the request with a short statement from her doctor attached was received and promptly forwarded to the Board President for consideration. Several days later, the manager noticed a new through-the-wall A/C installation at the unit in question. The Board President was promptly notified that the new resident's A/C request was "ex post facto". The board reacted aggressively and penned a certified letter to the resident demanding immediate removal of the A/C unit. Within days, a phone call was received from an disabled advocacy group which suggested that it might be in the association's "best interests" to accommodate the resident. The association attorney recommended a compromise: The A/C be allowed to stay under a special medical exception however, the resident was to remove and restore the exterior wall upon vacating. The board disagreed with the recommendation and hired another lawyer who advocated more aggressive handling. A year later, the A/C was still in place, the association had spent considerable money on attorney fees and a threatened lawsuit from the advocacy group convinced the board to back down. Disabilities are a fact of life and, now, law. So far, the Americans with Disabilities Act has not specifically targeted homeowner associations so the boards still have considerable latitude on disability questions. However, boards that unilaterally deny reasonable accommodations may be targeted to close the loopholes in the law. It is good policy not to test these waters. When it comes to disability questions, the board is challenged to include compassion, reasonableness and creativity in its decision making. It's an exciting challenge. Take the ADA bull by the horns and show what a progressive community can do. BACK Growing a Manager Successful gardeners stake out their garden plots, gauging the time and resources available plus the areas most needing attention. In other words, establish a reasonable plan of action before you start. If you don’t, you’ll lack priorities and be working all over the garden, with little to show for it. The management contract defines the boundaries of the working relationship with the association board. If you consistently expect the manager to exceed those parameters, then it makes sense to expand the agreement to include those activities within the boundaries. Establish Focal Points Strive for balance by narrowing down the possibilities. Setting specific goals and allowing sufficient time and resources to accomplish them helps to improve manager performance. A manager without guidance will fail to thrive. Most managers are enveloped in a whirlwind of responsibilities, large and small, emergency and routine. Clarify the association priorities to so the manager can respond effectively to the needs, not wants. Tender Loving Care If you view the relationship with your manager as strictly business, you will probably get what you need. However, if you're looking for the personal commitment that the best managers display, here are some basic garden variety tips: Fertilizing: Expressing appreciation for a job well done always encourages growth. Emphasize the positive and be specific. The value of a simple "thanks, you did a great job on that" cannot be overestimated. If collections have improved by 20 percent, make a point of it. And mention it at the board meeting before moving on to other agenda items. Weeding: Pest control is sometimes necessary in gardens and in communities. Every association has at least one owner who makes outrageous demands, is uncooperative, a nuisance to neighbors or verbally abusive. No manager or board member should have to endure unfair or abusive treatment. The manager's job is to shield the board and to try to bring the situation under control. The board can help by agreeing on a strategy to deal with the problem and supporting the manager in carrying out that strategy. Pruning: If your manager is not meeting expectations, nip it in the bud! Agree with the manager on what can be done and establish a deadline. Avoid nit-picking, setting traps or phoning to "check up". These tactics erode trust and waste your manager's time. Be honest in expressing your concerns and expectations and consider your manager a partner in achieving goals. Community association managers are a special and hardy breed. They work long hours for less-than-extravagant financial rewards. They confront difficult people and other conditions beyond their control. They must master a wide variety of professional, administrative and technical skills. And most impossible of all, they try to please all the people, all of the time. Your respect and consideration, accompanied by an occasional pat on the back, can go a long way toward making your manager bloom and thrive. Excerpts from an article by Ellen Dolan. BACK An ARC That Floats The purpose of the ARC in a community association is to ensure that changes made to an owner's property are either preserve or enhance the association's property values. Typically, the ARC reviews proposed changes on the following criteria: Does it
The rule of thumb for the ARC is "if architectural standards and procedures exist, they must be followed." The rule suggests that each association have a set of written standards and procedures and that each owner be given a copy. Written standards and procedures are important because they provide the ARC guidance and the community knowledge of what is acceptable. The governing documents may provide the resources the ARC needs to render decisions. Often, the documents are vague or ambiguous so it may be time to update or write clear standards and procedures. Knowledgeable attorneys and consultants can assist with the document preparation. The ARC ideally should be composed of Board members, or the Board as a whole should act as the ARC. Since lawsuits are filed against community associations over architectural decisions, and the Board carries the liability of ARC decisions, it makes sense that the Board make the ARC decisions. Now that you know the how to build an ARC that "floats", let it set sail! BACK The Board, Baby & Bathwater 1. For a considerable period, the oboe players had nothing to do. Their number should be reduced, and their work spread over the whole orchestra, thus avoiding peaks of inactivity. 2. All 12 violins were playing identical notes. This seems unnecessary duplication, and the staff of this section should be drastically cut. Greater sound volume could be obtained through the use of an amplifier. 3. Much effort was involved in playing the sixteenth notes. This seems an excessive refinement and it is recommended that all notes should be rounded up to the nearest eighth note. If this were done, it would be possible to use "temps" instead of experienced musicians. 4. No useful purpose is served by repeating the passage with horns that has already been handled by the strings. If all such redundant passages were eliminated, the concert could be reduced from two hours to 20 minutes. 5. This symphony had two movements. If Schubert did not achieve his musical goals by the end of the first movement, then he should have stopped there. The second movement is unnecessary and should be cut. In light of the above, one can only conclude that had Schubert given attention to these matters, he probably would have had the time to finish his symphony. How does this story relate to community association
management? Role Reversal There is a common misconception that the Board is elected to do the association dirty work including, but not limited to, small repairs and janitorial work. Nothing could be further from the truth. The Board is elected to administrate: hiring and overseeing competent people to complete association responsibilities. This is a big enough task in itself. [That being said, our hats are off to all unpaid community volunteers.] Butcher Boards Some boards adopt the "meat cleaver" approach to money management. Butcher Boards assume that whatever the previous board spent was too much and proceed to slash the budget, services or both. This philosophy is very damaging to the association assets. While it is true that money should not be squandered, the Board’s job is to maintain the property responsibly so that the owners’ home market values are competitive. If this means raising fees, that’s what the Board should do. If the budget is adequate, it should at least be adjusted for inflation to keep pace. Prioritize: First, determine the cost of reasonable levels of service, then second, determine the budget. Never set the budget first and try to make necessary services fit [They won’t]. See No Evil This kind of Board simply refuses to acknowledge the monkey until it becomes an 800 pound gorilla. Small issues grow into unwieldy catastrophes. Using past history as experience, the Board can anticipate and prevent certain situations from mushrooming. This applies to both maintenance and rules enforcement. Be "proactive" and not "reactive". Plan ahead and work the plan. Remember The Baby and The Bathwater. The effective Board should conduct the association like Schubert’s beautiful Unfinished Symphony. While the Board’s work may be unfinished and ongoing, the journey can be harmonious. BACK Marry a Manager? In searching for the right management company, keep in mind that the abilities and focus of association management companies vary considerably. Time must be spent narrowing the field to find the right manager for your association. Prospective managers will consider you as carefully as you consider them. It’s like marriage...a long term relationship that should not be taken lightly. What are the main points to discuss? Rules Enforcement What procedures are followed to ensure compliance of the rules? Handling Requests Does the manager have a written tracking system for documenting requests from start to finish? Is there a reliable 24 hour emergency response system? Maintenance Supervision How often does the manager tour the property to assess maintenance needs? How are maintenance requests handled? Are jobs performed with in house employees or outside contractors? How are major repair contracts handled? Meeting Coordination & Attendance Does the manager coordinate board and homeowner meetings, send out notices and agendas? Does the manager attend all such meetings at no extra charge? Budgeting Does the manager assist in preparing the annual budget and make recommendations on ways to cut costs? Sales & Closing Documents Does the manager have a timely process for delivery information to escrow, title and lenders? Manager Style & Personality This can an extremely important factor in your decision. Is the manager self assured, knowledgeable, professional and friendly? Cool under fire? Speak his or her mind? The Board needs a manager who will shoot straight and honestly. Their Office Pay them a visit. Does the office look organized, professional and have the equipment to handle business efficiently like computers, faxes, copiers, postage meters, pagers and cell phones? Is the staff adequate and attending to business? References Request the names and phone numbers of three current association clients. Request the names and phone numbers of three former association clients. Credentials Does the manager and company have professional designations from recognized authorities like CAI (Community Associations Institute) or IREM (Institute of Real Estate Management)? Now that’s you’ve taken the time to really get to know your prospective managers, you are better prepared to pop the question: Will you manage our association...for better not worse?...for richer not poorer? If you’ve chosen correctly and the answer is "I will", your management marriage is off and running. May you have a long and happy relationship. BACK Queue or Merge Management Merging is called for when two or more lanes are forced to combine. Merging requires cooperation, timing and compromise. If done well, traffic flows smoothly and briskly. Many drivers don’t understand or feel comfortable with merging, instead moving into a "queuing" mode. Queuing is the lining up that shoppers do at the market. At the store, it’s mandatory. In a traffic merging situation, queuing slows traffic to a standstill. So how do these traffic concepts apply to homeowner associations, you ask? One of the frequent complaints owners have is the inflexibility shown by the Board in resolving conflicts. These Boards seem unwilling to listen or consider alternatives presented by owners and rarely do they get owner input into decision making. Business is done pretty much behind closed doors. Minimal and infrequent information is distributed to the membership. They practice a "queuing" management style which promotes unbending procedures, rules and penalizes those that get out of line. There is little creativity that goes into this management style. By its very nature, it invites challenge from owners that refuse to unreasonably conform. "Queuing" Boards are a source of frustration and viewed as tyrants by many owners. Because of this, association business is often bogged down by infighting and lack of volunteers. Sound familiar? "Merging" Boards recognize that effective leaders practice give and take. This does not mean they cave into pressure but have a willingness to listen carefully before making decisions. This attitude comes across as respect by those owners that feel passionately about an issue. Merging boards look for Win-Win recognizing that after the meeting is over, they are, after all, still neighbors. Merging boards seek wise counsel to make informed decisions. These counselors can often douse an inflammatory situation just by offering an unbiased point of view. In other words. the right messenger can be more important than the message itself. Merging boards plan ahead recognizing that proper timing is critical to success. Planning ahead saves time, money and keeps the operation running smoothly. Is your community ruled by a queuing management style? If so, consider changing lanes to merge. Once you get the hang of it, you will notice that the stops, starts and stalls turn quickly into satisfying acceleration. BACK Assaulting the Manager While the manager's "dance card is full" day in and day out, some owners repeatedly assault the manager with information requests based on a "right to know". While it is true that the owners have a right to know about the associations business and most managers try to be cooperative, there simply aren't enough hours in the day to respond to each owner personally. Even when managers respond to board members, most business is deferred to board meetings for efficiency. Manager assault is sometimes based on the suspicion that the manager is up to something inappropriate. It is more often the case of an owner trying to micro-manage the association. By contract, the manager is hired by the board of directors and under the direction of the Board President, not individual owners. The Board has the duty to keep owners reasonably informed. Newsletters and minutes usually fill this bill. Most homeowner association managers put in a full day’s work, attend many evening board meetings PLUS are on call 24 hours a day for emergencies. Managers establish fees according to the time it takes to get the job done. The monthly fee is not all encompassing. It is based on performing ordinary and routine services. When the number of extra or special services increase, so will the fee. Or the manager may raise it simply due to the harassment he must endure on the job. For this reason, it is prudent for the Board to protect the manager from overzealous owners. Assaulting the manager or peppering him with unnecessary requests will ultimately spoil the recipe. BACK © Copyright
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