Welcome to Ungated

CAI's 28th Annual Community Association Law Seminar is coming to New Orleans on February 23rd and 24th.  The seminar is presented by CAI's College of Community Association Lawyers as part of its commitment to advancing the knowledge and practice of community association law. 

We are holding this years seminar in New Orleans to demonstrate our support in the wake of the damage caused by Hurricanes Katrina and Rita in 2005.  While New Orleans and the entire gulf coast continue to address the effects of these devastating storms, CAI is committed to helping through our support of the city.  In addition, CAI will be donating a portion of all proceeds from the Law Seminar to New Orleans Habitat Musician's Village and we are encouraging attendees (and all of our members) to contribute as well. 

Some of the highlights of this years seminar include:

*  Updates on recent case law from across the country

*  Ideas on such diverse topics as working more effectively with community managers and boards of directors, cyber issues in community associations, and construction defect and related issues

*  A look at the pending Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association case by Judge Andrew P. Napolitano, Senior Judicial Analyst for Fox News Channel

*  A chance to tour neighborhoods affected by last years storms and contribute to the city's rebirth

*  And of course all of the great food, music, and night life that New Orleans is famous for

You can learn more about the program, download a complete brochure, and register at the Law Seminar page on our website.

PS: For planning purposes, Law Seminar will take place on the Friday and Saturday following Mardi Gras this year.  Our hotel has made a limited number of rooms available for those who might want to arrive early and experience Mardi Gras for themselves.

Recently, CAI added three new partners to our discount program for members.  This program is a way for you, the CAI member, to save on items for your business or personal use.  Our most recent program offerings include products and services from Dell Computers, DHL, and Hertz.  They join our existing partners Ian H. Graham, Affiliated Power Purchasers International, and Community Association Management Insider to provide you with another direct return on your membership investment in CAI. 

You can find additional information and web links about all of our partners on the Member Discount Program page of our website.  And look for more savings opportunities coming in the months ahead.

Perhaps the single greatest challenge an organization faces is dealing with an apathetic membership.  Given a choice, I would rather be involved with an organization with active dissension and disagreement over one where no one really cares. 

This is a frequent phenomenon in the community association industry, with homeowners being generally apathetic until something specific (and frequently minor) happens to upset them personally.  Then they are engaged intensely until the problem is resolved and they lapse back into apathy. 

Some ideas for dealing with apathy in your community.

101. Recruit new residents.

102.  Promote volunteerism as a positive experience.

103.  Be enthusiastic.

104.  Publicize the association's accomplishments.

105.  Recognize volunteers.

106.  Give awards.

107. Meet people.

108. Hold social events to bring residents together.

109.  Offer owners motivation for serving.

110.  Ask for volunteers in every way you can: in the newsletter, via bulletins, and through face-to-face contacts.

Working with Complainers

It seems that every organization has three kinds of folks as members: those that lead; those that do; and those that like to complain about the first two groups.  Community associations are no different.  In fact, I am reminded of a quote from the late Jim Murray of the Los Angeles Times in referring to the notoriously aggressive sports fans in Philadelphia, who said "Philadelphia (fans) would boo a cure for cancer."

Nevertheless, it is up to us to not only work with those who spend their time complaining, but also learn from them and use their perspective to make our communities even better.  So hints for dealing with the more negative of our brethern:

91.  Remember: the only way to improve is through constructive complaints.

92.  Be diplomatic.

93. Listen.

94.  Be interested.

95.  Remain calm.

96. Don't say anything about anyone's momma.

97.  Try working together - two people cooperating are more effective than one person telling another to change.

98.  Do not allow complainers to insult you or use foul language.

99.  Never complain about complainers - your workds will get back to you.

100.  Invite them to volunteer.

Renter and Kids and Parking and Pets (Oh My)

Every association is unique, but in many cases the sources of challenges appear again and again.  It is no accident that many managers will tell you that the Three P's - Pets, Pools, and Parking are the biggest challenges in their community.  Issues surrounding renters and children also crop up with stubborn regularity.  Here are some ideas on how to maintain the harmony in your community.

81. Don't treat renters as outcasts - involve them in the community.

82. Publish a tenant's handbook.

83. Plan events for children.

84. Let the children help organize the events.

85. Give them a place to play.

86. Tow cars only as a last resort.

87. Place parking signs where they can bee seen.

88. Give pets a place to walk.

89. Encourage the purchase of fish.

90. Watch Old Yeller.

Each community has its own unique set of circumstances and rules.  One thing to remember is that communities can evolve over time and the rules may need to be changed to keep up with that evolution.  And changing the rules should be a participative process, with input from the entire community.

We held our first regional manager's conference in Phoenix last month and the response was very positive.  Over 75 managers from across the southwest (and even as far as New Jersey) gathered to invest in their careers.  In addition to challenging general sessions and detailed break-outs, the event provided managers the opportunity to network with a wide variety of peers, share ideas, and learn from others experience.  But don't take my word for it, here's what some of the attendees had to say:

Regional Conferences hold down costs of travel expenses so those of us with small budgets may attend. Exposure to all facets of HOA's; ie. high-rises, condos, etc. Making new friends who are supportive of what I'm doing-the enrichment of education and empowerment from the speakers and other managers The intimacy of the group - smaller groups tend to listen better - it the law of human nature! I learned a tremendous amount that I am already sharing with fellow managers. Thank you again for a job well done! ... the conference for me was a huge success.

One unique element of the event was an idea sharing process called the "idea cactus" (hey it was Arizona).  The "idea cactus" was a place to post ideas, techniques, and tips that worked for you, to share with your peers.  We then collected all the ideas, transcribed them, and provided them to all attendees.  Anyone can view the idea list from the Southwest meeting at SW Regional. 

Want to be part of this kind of event?  You can!  Our next regional event is coming up November 9 and 10 in Orlando, Florida.  Designed for managers from Florida, Georgia, South Carolina and elsewhere in the southeast, the event will be held at Disney's Coronado Springs Resort.  You can sign up for this exciting event here.

This year, CAI has created a new regional manager conference program designed to provide a forum for managers at all stages of their careers.  The Southwest Regional Conference is coming to Phoenix/Scottsdale on September 29th and 30th with programming that has been specifically selected to meet the needs of managers in Arizona, California, Nevada and the rest of the southwest.

Even better, due to the outstanding generosity of our platinum partners, we have reduced the price of attendance by $100 for the first 100 attendees.  With sessions addressing a wide variety of topics including leadership, human resources, effective meetings, and transition management, the conference promises to be a wealth of information.

Managers in the Southeast haven't been forgotten either.  Our Florida Regional Conference has been designed to meeting the needs of managers in Florida, Georgia, South Carolina and other southeastern states.  Coming to Orlando on November 9th and 10th, the conference will address a wide variety of topics including disaster planning, insurance issues, managing "green", and mediation tools and techniques.  Southeast managers are also eligible for the reduced registration rate courtesy of our platinum partners.

Not in the southwest or southeast?  Look for a regional manager conference coming your way next year.

Thanks again to our platinum partners for their outstanding generosity in supporting these events.

AssociationVoice

Banco Popular

Community Association Banc

Merlin Law Group

SenEarthCo

U.S. Bank

Making and Enforcing the Rules Fairly

Rules are part of the contract between each homeowner in a community and their neighbors.  The Board's responsibility it to interpret and apply the rules fairly and reasonably.  In most cases, conflicts over rules come in one of two varieties.  First, there are those individuals who don't believe that the rules should apply to them, but should apply to everyone else.  Second, there are those boards and communities who apply the rules inconsistently, creating confusion and hard feelings.

A final challenge is the changing nature of the community.  As communities change over time the rules need to be regularly reviewed and revised.  For example, what started out as a community of young families can become more empty-nest oriented in a few short years.

Some helpful hints on enforcing the rules:

71. Give residents a voice when creating a rule.

72. Make rules specific and reasonable.

73. Communicate the rules.

74. Review the rules - new ones may be needed, old ones may need to be discarded.

75. Make the first contact with violators informal, if possible.

76. Never "look the other way".

77. Offer compromises.

78. Hold a hearing.

79. Try arbitration or mediation if things get tough.

80. Hold public meetings on divisive rules.

CAI has several publications that can help with assessing, changing, and enforcing your rules.

Be Reasonable: How Community Associations Can Enforce Rules Without Antagonizing Residents, Going to Court or Starting World War III.

Reinventing the Rules: A Step-By-Step Guide for Being Reasonable

Drafting Rules How Community Associations Maintain Peace & Harmony

I am proud to announce that as of August 31, 2006 CAI has broken the 28,000 member level - 28,074 to be exact.  Since our restructuring of membership in July 2005, we have increased overall CAI membership by more than 10%. 

This growth reflects the continued robustness of our industry, the increased need for education among volunteer board members responsible for ever more complex associations, and the recognition of the profession of community management as a unique, challenging, and rewarding field.

A special thanks to all our Recruiter Club members, who are responsible for many of the new members joining CAI.

CAI and NBC-CAM, along with many other organizations, have partnered with the Department of Homeland Security to promote National Preparedness Month.  As we have all learned too well over the past several years, no part of the country is immune from unexpected disaster - whether natural or man-made.  As we recall the first anniversary of Hurricane Katrina and the fifth anniversary of the attacks of 9/11, it is clear that every community and every family needs to think about and plan for the unexpected.

It can be a simple as a family emergency contact plan to locate loved ones in time of crisis, to as detailed as a community-wide disaster response plan integrated with city and county resources, but it is imperative that we all plan and prepare for the worst-case. 

As the number and size of community associations across the country continues to grow, it is important that preparedness become a required component of an effectively managed community.  If you haven't already done so, now is the time to have a conversation with your community, your board, and your manager about how well prepared your community is and to ask what you can do to be part of the solution.

Developing a successful budget. 

No task is more important and more maligned in any organization than the development of the budget.  What can seem like a tedious annual chore is actually the blueprint for the commitment of organization resources to priorities and programs.  Effective budget development requires not only an understanding of the numbers, but also an even deeper understanding of the goals, objectives, and even expectations of all the residents of a community.  Some tips for building a successful budget (and ultimately a successful community).

61. Obtain input from owners, board members, committees, and management.

62. Conduct research to ensure the budget is accurate.

63. Develop a month-by-month evaluation - don't just divide by 12.

64. Talk with contractors to estimate costs.

65. Be realistic.

66. Raise assessments if necessary.

67. Be straightforward about it - don't use gimmicks or emotional appeals.

68. Plan for the future.

69. Look for ways to cut expenses, but don't reduce the level or quality of services without telling the owners.

70. Communicate the budget to members. (Ah, that rascal communications again)

I frequently hear board members claim with pride that they haven't raised their community's assessments in years.  I really worry about communities like this.  What product or service has not become more expensive in the past two, five, or ten years.  If you are not raising assessments - at least to cover inflation - you are not preserving and protecting your community and you are not serving your constituents.

Community associations continue to grow and thrive across the U.S.  According to our latest estimates over 56 million Americans live in over 285,000 condominiums, homeowner associations, co-ops, and other community living arrangements nation-wide, with 8,000 to 10,000 new communities being built each year.

Community associations offer a wide variety of benefits that vary from community to community, including amenities such as golf; tennis courts; and aquatic facilities, along with reduced maintenance requirements, and more consistent property values.  In many areas of the country, community associations also represent some of the best lower income housing opportunities.

But regardless of where you live or what type of home you are considering - you need to be an educated consumer in order to make a purchase decision that is right for you and your family.  While some states have very comprehensive disclosure laws regarding the information a seller must disclose to a buyer regarding a home in a community association, other states have very limited or no such requirements.  That is why buyers must know what questions to ask of their Realtor and the seller before signing on the dotted line.

That is why CAI has put together "Community Matters - What You Should Know Before You Buy".  This free brochure highlights some of the unique aspects of living in a community association and identifies some of the key questions that prospective buyers should be asking, such as:

How much are assessments and when are they due?

What is the annual budget and how does it compare to similar communities?

Does the community have a viable reserve to fund major, long-term maintenance and repairs?

Download your free copy today and help make yourself a more informed consumer.

Yesterday, President Bush signed into law the Freedom to Display the American Flag Act of 2005 (H.R. 42).  Introduced by Representative Roscoe Bartlett (Maryland), the bill is directly based on CAI's long-standing public policy regarding the American flag. 

Key elements of the bill include prohibiting associations from banning the display of the American flag, requiring flags to be displayed in compliance with the U.S. Flag Code, and permitting associations to put in place reasonable restrictions on the time, place, and manner in which flags are displayed. 

You can check out a more detailed summary on our web site. 

It is interesting to note that the bill applies only to the American flag and it reinforces the position that associations are businesses and subject to the business judgment rule, since it empowers associations to place restrictions on where, when, and how flags are displayed in their communities.

As many in the industry already know, flag issues crop up from time to time and are almost always related to how a flag is displayed and not to the actual display of the flag itself:  20 foot flagpoles in townhouse yards; 20 x 10 foot flags that snap like cannon fire; flags displayed disrespectfully and flags illuminated with mega-watts of light all night long are just some of the things that can cause controversy in communities.

As always, it is all about communicating what is acceptable and what is not, ensuring the rules reflect the nature of the entire community, and being a considerate neighbor.

As the community associations industry continues to grow, it has created tremendous career opportunities in a wide variety of fields.  Most notable is the profession of community management.  Every week I get calls from owners of community management companies asking if I know of anyone looking for work who would like to relocate to their city or town.  At our CEO-MC retreat last month, hiring and retaining skilled staff was the principle topic of conversation among the attendees.

The demand for professional community managers has never been stronger, and shows no signs of weakening.  Even as housing starts soften somewhat, all of the existing communities and those in development still need effective management and opportunities for growth and advancement are plentiful.

So what makes a good manager?  I think first and foremost, you must be an effective communicator.  You must be able to interact with a wide variety of individuals including board members, homeowners, and vendors.  In addition, some basic skills and knowledge in finance, project and contract management, human resources, and technology can help as well.  While a college degree is valuable, it is certainly not required.

To learn more about a career in professional community management you can check out our Career Center at:  http://www.caionline.org/career/index.cfm .  CAI offers a comprehensive education and professional designation program to help prepare you for a career in this growing field.

Working With Committees

In any organization, the active and effective participation of committees is vital to overall success.  Just look at the US Congress and the Enron Audit Committee if you don't believe me.  How can you get the most out of your committee activities and your volunteers valuable time.

51. Define the committee's purpose.

52. Support the committee members.

53. Keep in touch with them (that crazy communications thing again).

54. Seek their opinion.

55. Ensure that they follow the rules of parliamentary procedures.

56. Give them objectives (or they will surely come up with their own).

57. Give them deadlines.

58. Remember - the committee usually offers recommendations, not solutions.

59. Offer them love, praise, and acceptance.

60. Reward them.

Remember also that your committees are the development process for your next generation of leaders.  Giving new volunteers opportunities to participate in committees can help you identify and grow future board members.

We recently successfully completed our annual retreat for management company CEO's.  Held this year in Santa Monica, California, the retreat brought together over 170 senior leaders from community association management companies across the country.  This years program focused on conducting an internal audit of your organization with sessions on human resources, risk management, technology, and financial management among others.  The retreat is a great opportunity for management companies to share ideas and perspectives, learn new skills, and hear from experts on critical issues facing our industry.

One of the most interesting themes that emerged from this years event was the challenge many management companies are having in hiring and retaining skilled staff.  The continued growth in our industry has resulted in an ever increasing demand for skilled managers.  For individuals currently in the industry, the potential for growth, advancement, and relocation has never been great.  And for those looking for a career, community management provides a tremendous opportunity to get in on the ground floor and advance quickly.

How to have productive meetings.

Humans are social animals.  We work best and most comfortably in groups.  Perhaps that is why the meeting has become all-time most popular activity in business.  But getting value out of meetings can sometimes be tough.  Here are 10 ways that you can help turn your meeting into a productive and thoughtful activity and not just another opportunity to kill off a box of Krispy Kreme donuts, not that there is anything wrong with Krispy Kremes.

41. Distribute materials - financial reports, agendas, bids - to board members a few days before the meeting.

42. Study this material.

43. Prepare an agenda.

44. Follow it.

45. Follow the rules of parliamentary procedure.

46. Act professional - don't let the meeting turn into a social event.

47. Don't serve alcohol.

48. Don't call people names.

49. Open the meeting to other owners.

50. Allow questions at the end of the meeting.

Gee, effective communications and the golden rule, what a revelation.