Welcome to Ungated

I was interested to see Fed Chair Ben Bernanke downplay the overall affect of continuing issues with sub-prime loans and lenders on the overall economy.  In yesterday's testimony to Congress, Bernanke said the growing troubles in the market for risky mortgages thus far doesn’t appear to be spreading to the overall economy. “At this juncture ... the impact on the broader economy and financial markets of the problems in the sub-prime markets seems likely to be contained,” he said.

The full AP article can be found at: http://www.msnbc.msn.com/id/17831069/

Registering for CAI's 56th National Conference and Exposition couldn't be easier.  Just go to our conference page to register online with your credit card or to download a copy of the registration form and mail it in if you would prefer to pay by check.

And if you register by March 30th you qualify for an early bird discount of $50 off the full registration fee. 

The exhibit hall is sold-out, the speakers are polishing their presentations, and Vegas is ready for CAI.  I hope to see you there.  And don't forget to check out the conference blog to preview the great speakers, get into the groove, and review some Rat Pack lingo.

Just a reminder that the hotel block for CAI's upcoming National Conference in Las Vegas expires tomorrow, Friday March 16th.  We ran out of rooms last week, but were able to get Ceasar's Palace to add some additional rooms to our block at the negotiated rate.  But after tomorrow the rate will increase and availability won't be guaranteed. 

So if you haven't made your room reservation yet, now is the time.

See you all in Vegas baby..........

Last year at CAI's National Conference in Palm Springs we tried something new.  A real-time blog about the conference as it was happening.  We were able to highlight sessions, post photos of all the fun, and generally provide a vehicle to get folks into the spirit of the event. 

And of course give significant consideration to Common Ground Editor Chris Durso's obsession with In-N-Out Burger.

Well, this year we are going to do it again (hopefully without the paeans to In-N-Out Burger).  In fact, we have already begun with information on the hotel, our exciting general session speakers, and of course some of the attractions of Las Vegas.  So check out the Live From Las Vegas blog today.

But that is some kind of scary moat.  Sorry, but I couldn't resist posting this.  Looks like a trip to the market will require Sherpas and you will need some kind of crazy 4-wheel drive to get the car in the garage.

Actually this homeowner in China was the sole holdout unwilling to sell to a developer for a new housing project.  You can read more about it here.

By now you probably are aware that AARP has recently published a policy paper on a so-called homeowners bill of rights.  Unfortunately it doesn't address the corresponding "responsibilities" homeowners have in a community association, or the costs and implications of implementation.  In addition, it attempts to prescribe a universal set of conditions that would apply to all associations, whether they had 2 units or 20,000.  A couple of other things that you might not know about this report:

-  As a product of AARP's Policy Institute, the paper does not represent official public policy for AARP, but is, as they have described to us, a document designed to initiate conversation about critical issues and bring together a variety of perspectives on critical issues.

- The paper was prepared by a homeowner advocate attorney in Texas, and not by AARP staff.  As you might imagine, there was very limited input from industry representatives including CAI, NAHB, the National Council of Commissioners on Uniform State Law (who drafted UCIOA and similar legislation) and others.

- AARP has not adopted the proposed Bill of Rights as an official legislative position, although the report has been sent to their state offices.

- Sadly, the paper also seems to intimate that mature Americans are incapable of managing their own affairs and protecting their own interests.  Personally, I think that seriously underestimates AARP's own members.

Yet the report raises some important issues and includes some potentially beneficial ideas on ensuring that communities serve all of their owners fairly, equitably, and harmoniously.

While we disagree on many of the details, we believe that this process can have positive outcomes.  The attached file contains our formal response to AARP regarding this paper, our offer to work with them to develop and deliver education specifically targeting their members, and suggested alternatives to ensure that all the members of an association are treated with respect and consideration.  I am pleased to note that the initial responses we have received from AARP staff regarding our proposals have been positive.

(Click on the paperclip icon below to access CAI's response letter to AARP in PDF format)

Just back from our 28th Law Seminar in New Orleans.  Developed in collaboration with CAI's College of Community Lawyers (CCAL), the Law Seminar provides a forum on emerging legal issues for over 320 attorneys, community managers, and other industry leaders.  Held this year in New Orleans, the event was also an opportunity to help that city in its continuing recovery from the damage of Hurricanes Katrina and Rita.  CAI donated a portion of every registration to Habitat for Humanity's Musicians Village housing project.

We were honored to have the opportunity to induct 11 new members into CCAL at this years seminar.  New inductees included:

*  Joseph J. Cusimano, Esq., Kaman & Cusimano, Cleveland, OH
*  Helio De La Torre, Esq., Siegfried, Riveria, Lerner, De La Torre & Sobel, Coral  Gables, FL
* Andrew G. Elmore, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Glen Allen, VA
* Lynn Krupnik., Esq., Ekmark & Ekmark, L.L.C., Scottsdale, AZ
* Jamie Lyons, Esq., Weissman, Nowack, Curry & Wilco, PC, Atlanta, GA
* P. Thomas Murray, Jr, Esq., Eads, Murray & Pugh, P.C., Indianapolis, IN
* Charles A. Perkins, Jr., Esq., Perkins & Anctil, P.C., North Chelmford, MA
* Kelly G. Richardson, Esq., Richardson & Harman, LLP, Pasadena, CA
* James H. Slaughter, Esq., Forman Rossabi Black, PA, Greensboro, NC
* Wilbert Washington, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Fairfax, VA
* Alan P. Young, Esq., Young & Haros, LLC., Stroudsburg, PA

Pictured below are the 2006-2007 CCAL inductees along with CCAL Dean George Nowack and Law Seminar Chair Jeff Van Grack.

The highlight of the event (at least for this non-attorney) was the luncheon presentation by Judge Andrew Napolitano, Fox News' constitutional law expert.  The judge addressed the issue of community associations as business entity vs. government actor in the context of the pending Twin Rivers case in New Jersey.  His presentation was controversial, though-provoking, relevant, and very entertaining, to say the least.  You can imagine his position on the New Jersey Appeals Court legislating new constitutional protections and limitations on private businesses and contracts from the bench.

Special thanks to the CCAL Board of Governors and especially to this years Law Seminar Chair, Jeff Van Grack, for putting together another stellar event.

A quick note on New Orleans for anyone thinking about a trip there.  The city was extremely inviting and accommodating to all of our members and guests.  The areas of the city typically frequented by tourists, including the French Quarter, Garden District, and Central Business District are fully open for business and effectively back to their pre-storm state.  While other areas of the city are still in major recovery mode, substantial visible progress has been made in the past 11 months since my last trip there.  We at CAI were proud to do our (albeit small) part in assisting with the city's recovery through our meeting.

The following is a guest blog entry from CAI's President Ron Perl and is based on his recent "CAI Perspective" column in Common Ground.  I thought that the historical perspective was important for CAI and everyone involved in the community association industry.

I have been a member of CAI since 1978. Times were different then. Common-interest communities were just beginning to gain in popularity as a housing choice for many Americans. Some families purchased a unit in a common-interest development as a starter home; for others, it was a place to downsize after becoming empty-nesters. And while those same choices are being made today, community associations have become a more integral part of the American culture than we could have imagined 30 years ago.

Through the decades, and in the face of continual change, CAI has been there to provide education, advocacy, publications, and networking opportunities for every stakeholder in the community association marketplace—homeowner volunteers, managers, and other professional service providers. As the association lifestyle and industry have evolved, so has CAI, but our underlying purpose has stayed simple and constant: to make community associations better for the people who live and work in them.

Consistent with this historical backdrop, the theme of my term as president will be a perennial CAI message: “Building Community.” Community building means more than just managing and servicing associations. It involves viewing our roles and responsibilities from a more enlightened perspective. Building community is about neighborhoods, not housing developments. It’s about customers, not unit owners. It’s about facilitating, not managing. It’s about serving, not ruling.

I urge each of you to make building community a central part of your mindset, regardless of your role or responsibilities.

It has been my pleasure to work closely with our immediate past president, Ross Feinberg, in the last year. Ross has for many years been a dedicated and tireless leader for CAI, culminating in his hugely successful term as president. Under his leadership, we neared 30,000 members and provided unprecedented resources and programming for them. Thanks, Ross, for all you’ve done for CAI.

Ronald L. Perl, Esq.

President

CAI’s 2006 Recruiter Club campaign, “Lead the Lost," has come to a successful conclusion. Our exceptional recruiters who participate in this member-get-a-member program were able to bring over 1,000 new members to CAI during the year. Special thanks go out to all of our recruiters for their hard work in 2006, as well as to Kevin Davis Insurance Services for sponsoring the campaign and providing this years prizes. Congratulations to our 2006 prize winners:

The Grand Prize Dream Vacation for Two went to Mr. Edward M. Taylor, Esq., Law Office of Edward M. Taylor, Commack, NY

And the Runner-Up prize of a Global Positioning/Navigation System went to Mr. Robin Steinkritz, CMCA, AMS, Heritage Property Mgmt. Services, Inc. Atlanta, GA

In addition to the annual prizes, 12 monthly winners received Apple IPods throughout the year.

The 2007 campaign, “Join the Club”, in now underway. The emphasis is the simplicity of our Recruiter Club; you spread the word on CAI, a new member puts your name on their membership application, and you’re in the club, eligible for monthly prizes, special events, and recognition and adulation from your peers.  It’s that simple. Check your mailbox and your inbox for more information on this campaign, and continue to check the Recruiter Club page on the website for updates on the campaign and upcoming prizes, awards, and eligibility, as well as all the information and materials you need to get started.

Again, to our recruiters: thanks for all you do. And to our non-recruiters: Join the Club!  

Calling all managers, homeowner leaders, and businesses serving the community association industry.

Take a moment and pencil in April 25-28 on your brand new 2007 calendar right now.   Those are the dates of CAI's 56th National Conference and Exposition.  This year we will be gathering in Las Vegas, Nevada to celebrate our industry, learn from one another, rekindle old friendships, make some new ones, and of course have some fun (it is Vegas after all).

Caesar's Palace will be the venue for "Viva Community!  Mastering Trends, Transitions, and Transformations".  Industry veterans and newcomers alike will benefit from over 25 educational sessions addressing key industry issues, along with our usual assortment of activities to entertain, enlighten, and amuse you.

For those already thinking about travel plans, we are reprising the very successful Welcome Reception on Wednesday evening that we debuted last year in Palm Springs.  This event was a tremendous hit and great way to see and be seen at the start of conference, reconnect with friends, and get the conference off the good start.  So be sure to schedule your travel accordingly.

More details about the event, including registration information are available on the website at Las Vegas Conference.

Never been to conference before?  Then take a look at our Palm Springs conference blog from last years event in Palm Springs to get a flavor for what we do and how it can benefit your career and your community.

Being involved in your community, whether as a board member, manager, committee chair, or active homeowner, can be a challenging and exhausting commitment.  Just as important as a willingness to volunteer is an understanding of when to step back and take a break.  Every organization needs new blood just as much as it needs wise and experienced leadership.  So take some time to smell the roses you worked so hard with the landscaping committee to plant.

Know When It's Time For A Change

111. Check your blood pressure.

112. Determine if you are buying aspirin in bulk.

113. If you're burned out, get out - new volunteers can offer new energy and ideas.

114. Make yourself available to new board members.

115. Continue to read the newsletter.

116. Pat yourself on the back.

Thus concludeth CAI's Pearls of Wisdom.  Do you have a pearl that you would like to share with others in the industry.  You can send a comment to this or any of the other blog entries that will be viewable by all readers.  Just click on the comment link below.

Happy New Year

Tom

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.