Welcome to Ungated

I can remember watching Dragnet growing up and being impressed with Sgt. Joe Friday's focus on the facts of each and every case, down to the smallest detail.  Sometimes facts are tough to find in our industry.  That is why the Foundation for Community Association Research has undertaken a long term initiative to gather statistically valid, relevant data on homeowner opinions from across the country. 

Working with Zogby International, one of the most trusted polling organizations in the US, the Foundation sponsored a comprehensive survey of homeowner attitudes in 2005, which demonstrated that the vast majority of condo and HOA residents value their associations, are happy with their home choice, and believe their association boards and managers serve their interests effectively.  This followed, and reinforced, a similar study completed for the Foundation by the Gallup Organization in 2000.

Well, the Foundation and Zogby just completed a new survey using the same questions from 2005.  We wanted to see if attitudes, issues, and concerns were changing along with the changing real estate environment in the US.  And the results clearly demonstrate that the vast majority of Americans living in community associations continue to be satisfied with their homes, their leaders, and their associations. 

Some of the key findings from the survey include:

+ Homeowners overwhelmingly (88%) believe that their association boards are working to serve the best interests of the community.

+ A significant majority (73%) believe that their professional community managers provide support and value to the association.

+ A similar majority (74%) believe that association rules protect and enhance their property values vs. very small minority (3%) who believe rules harm values.

+ An even larger majority (77%) believe that they receive positive returns on the assessments that they pay to operate their associations.

+ Overwhelmingly (80%) they do not desire any further government intervention into their communities.

+++ Overall, more than 7 in 10 homeowners (72%) have a positive experience in their associations and less than 1 in 10 (9%) have a negative perception, with the remainder being neutral.

I think any of the vast multitude of candidates currently running for president would sacrifice body and soul for numbers like these.  Perhaps more important than the individual results, though, is that the findings support and reinforce the data collected by the Foundation in 2000 and 2005.  This consistency further strengthens the validity and robustness of this survey and the results.

So what does that mean for CAI and the Foundation.  Some would say that this is great and that our job here is done, but that is far from the case.  This data helps us understand our industry, identify areas for improvement, and continue our ongoing efforts to make good associations even better, to make weak ones stronger, and to make all associations even better places to live. 

So for the thousands of homeowners, board members, managers, and other who will attend a CAI education program in the coming year, you can be assured that we will be using this data to make our programs even more relevant and informative.  We will also be using the data to be sure to educate the media, legislators, and regulators regarding what is really going on in communities and the need (or lack thereof) for counterproductive government intervention.

And I am sure that I am going to get some comments and emails from those who don't believe the data, think that the survey was rigged, or some such similar rationalization.  All I can say is show us the data.  We have put our data and results out there, so show us yours.  Show us another national, statistically valid, and independently gathered data set with a different result--or any result for that matter. 

The fact is there aren't any because no one is spending the time, money, and effort on such a survey other than CAI and the Foundation.  Probably because they don't want to see and have to explain the results.  And please don't waste anyone's time with web polls, which say nothing, prove nothing, and are no more statistically valid or relevant than asking your dear old Aunt Rose how they did it in the 1930s when FDR was President.

CAI welcomes constructive conversation and dialog, even debate, but we see little value in anecdotal criticism that doesn't include practical solutions to bring greater contentment to the small minority of association residents who express dissatisfaction--practical solutions that also maintain or even raise the satisfaction levels of the vast majority who are already happy with their association.

Want to learn more and see the data for yourself?  Check out the press release, the survey summary, or the full survey report from Zogby on our web site. 

 

What makes communities work?  What makes them desirable places to live?  What brings out the best in individuals and communities?  The answer to all three questions is the same - people.  People who care about and for one another, who go the extra mile to help others, and want to make their communities even better.

The following article appeared in the January/February issue of Common Ground.  I am reprinting it here because I thought it spoke to what is best about communities.  Congratulations and thanks to Sharon Gregory, Jim Keen, and all the members of the Paseo del Sol Homeowners Association for remembering what community is all about and in particular remembering those who stand into harms way on our behalf.

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HOLIDAY SENDOFF

When a group of Marines asked to rent their clubhouse for a Thanksgiving dinner, members of the Paseo del Sol Homeowners Association quickly waived the rental fee.  But the community in Temecula, Calif., didn’t stop at that. They soon had donations from 35 Southern California businesses and individuals to host a feast for 25 Marines and their families.

Many of the Marines were scheduled to be deployed to the Middle East in January. They are members of the 9^th Communications Battalion stationed at Camp Pendleton. “I told a couple of friends and they said ‘what can we do?’ The next thing we knew, we were up to 65 people,” says Sharon Gregory, a Paseo del Sol board member who helped organize the event.  “People just wanted to help. They wanted to do whatever it took.”

Some of the Marines were thousands of miles from home and couldn’t be with their families. Others brought their spouses and children. “They couldn’t get home for Thanksgiving. One couple just got married two weeks before,” Gregory says. Dinner included turkey, ham and stuffing. There was a piñata for the kids. A 72-inch television was installed temporarily—courtesy of a local electronics store—so the Marines could watch football games. A welcome banner was signed by all the volunteers, and the Marines planned to take it with them to display at their new camp.

The dinner helped build community spirit, says the volunteers.  “It helped people get to know each other better,” says Jim Keen, another organizer. “When you volunteer and do a good deed, you feel good yourself.”

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Had a similar experience in your community - just click on the comments link and tell us about it.

 

With about 10 days to go until the 2008 CAI Law Seminar, we are expecting our largest and most successful event ever.  The College of Community Association Lawyers has put together a tremendous program and we have already received more than 450 475 registrations for the event. 

But don't worry, there is still room for more.  If you haven't registered yet you can do so on our Law Seminar web page.  It contains information about registration, event schedule, housing, transportation, and CLE credits.

And a special thank you to all of our sponsors for their generosity in helping us put on this event.

Community Association Banc

Collectronics Business Solutions, L.P.

Community Archives

First Bank

iColligo

McGowan & Company

NCB

Popular Association Banking

See you in Vegas.

I just wanted to take a minute to thank all the members of the CAI family, the more than 28,000 community association leaders and homeowners, professional community managers, and diverse business partner members, who make our organization and our industry vibrant and successful. 

We could not accomplish all that we do throughout the year without the active participation and leadership of our many volunteers, whether they are board members, faculty, sponsors, speakers or one of the many thousands who volunteer at the national and chapter levels.  The time, energy, and enthusiasm that you bring to our organization is what makes us successful.

On behalf of CAI's leadership and all of our staff let me wish you all a happy and safe holiday season and a successful and healthy New Year.

Tom

On November 13, 2007, the Federal Communications Commission (FCC) issued an order confirming an October announcement that the agency would ban the enforcement of exclusivity clauses in existing video service contracts. An exclusivity clause is a contract term giving a provider, usually a cable company, the exclusive right of access or the exclusive right to provide video service in a community.  The current order effects only video services, but the FCC noted that it may consider similar issues related to phone and broadband services in the future.

For many associations, such exclusivity rights have been part of the inducement to encourage cable suppliers to invest in the infrastructure to reach communities beyond their normal service area.  At the same time, many associations and homeowners feel constrained by long-term contracts, created by their developer, that outlive the development process.

You can find out more about this order and how it may effect your association or your clients on CAI's political and legislative "Heads Up" page.  We have prepared a brief overview of the order, along with some basic questions and answers. 

I am sure that there will be more to come on this issue.  Right now, it appears that a number of other organizations here in Washington will likely be filing a court challenge regarding the FCC's authority in this matter and may be seeking an injunction to prevent enforcement until such time as the legal battles are complete. 

What is most interesting about this situation is that the FCC looked at this issue under its previous chairman and concluded that it did not have the statutory authority to regulate this issue.  Under its current chairman, that opinion has changed and they have now concluded that they had the authority all along.  As a result, this may become a test and determination of the FCC's overall authority under the Telecommunications Act of 1996, which has the potential to have impacts well beyond the limited concerns regarding contract exclusivity.

CAI's annual Law Seminar, sponsored by the College of Community Association Lawyers, brings together leading attorneys along with management, insurance, accounting, and other executives from all across the industry to explore key issues, legislative initiatives, and other related topics. 

Each year the Wayne Hyatt Lecture Series is the central event at Law Seminar, bringing nationally renowned speakers on critical topics.  This year CAI and the College are proud to present Dr. Martin Regalia, PhD, Chief Economist for the U.S. Chamber of Commerce.  Dr. Regalia will discuss the many challenges currently facing the U.S. economy and his expectations for the future in his presentation:

Passing Cloud or Gathering Storm? Mortgage Meltdown, Foreclosures and the Economy

Check out our Law Seminar page for more information on Dr. Regalia's presentation, registration, accommodations, etc. 

And as part of our "green" initiatives program the upcoming Law Seminar is going paper-less - no more bulky handouts to lug around. In order to reduce our environmental footprint, CAI will only provide copies of the outlines and PowerPoint presentations on-site. Attendees will have access to all session handouts, samples, and other reference materials submitted by content leaders in advance on the website and during the seminar. Attendees will continue to receive all materials on a fully searchable CD-ROM at registration.

As the Santa Ana winds lessen and give firefighters their first chance to gain ground on the wildfires ravaging Southern California, we have a chance to see what makes us great.  It isn't the massive integrated government response with federal, state, and local agencies pouring enormous amounts of money and personnel into the area (although that is absolutely critical), but it is our communities and our individual expressions of support and assistance. 

It is the individuals bringing food and water to Qualcomm Stadium for the evacuees being housed there.  It is families opening their homes to others.  It is neighbors checking up on the safety of neighbors, and helping them dig out when the time comes.

This is what makes communities great, that no matter what the disaster - hurricane; fire; earthquake; or terrorist attack - we will step up and be there.  Individually we may or may not have much in common with those in need, but Americans always recognize the need first and are there with a helping hand. 

Throughout California, CAI chapters, members, and our Legislative Action Committee, are working to assist those who have been displaced and the communities that have been damaged.  CAI has also developed a comprehensive Disaster Recovery page on our website which we have updated to include specific data related to the California fires.  In addition to information and assistance for those who have suffered direct losses due to the fires, it also contains information for those who would like to help those families and communities directly effected.

I have already heard many stories about individuals and communities reaching out, but I always like to hear more.  If you have a story about your family, community, or company and how they contributed to the effort in this massive evacuation and recovery process, I would certainly like to hear about it.  Just click on the comment button below to share your experiences.

You can’t open a newspaper or flip on the television without seeing a story on global warming, environmental concerns, or energy issues. In recent weeks, reporters have latched on to the “right to dry” movement, pitting HOA rules against those residents who want to conserve energy by hanging their laundry on clotheslines. Regardless of your political affiliation or stance on the issue of global warming, I think we can all admit that we could be better stewards of our planet and our, ultimately, limited resources. 

 

And while each of us as individuals can contribute to conserving energy and reducing pollution in a number of ways, communities working together can do even more.  And many have already begun to do so.  Across the country, communities have implemented water recycling and reuse systems, energy management plans, and even green space/wildlife conservation initiatives.  Nor is CAI new to these issues. Several years ago, the Foundation for Community Association Research worked with the U.S. Department of Energy to publish Energy Efficiency, a free best practices report explaining how homeowners and associations can reduce energy consumption and costs.

 

So we would like to hear your ideas.  How has your community taken steps to manage resources more efficiently and reduce your environmental footprint?  What has worked and what hasn't in your community?  How have you gotten your residents engaged in the process?  How have you partnered with government, schools, or other groups?

 

Just click on the comment button below and share your stories.

 

Everyone knows that there are tremendous career opportunities in community management and the community association industry across the country.  In fact, one of the biggest challenges facing management companies is their ability to identify, qualify, and hire experienced and knowledgeable managers.  Now those companies and job seekers looking for new career opportunities have a new resource—CAI’s  Job Market, a comprehensive, user-friendly website dedicated exclusively to the community association marketplace. Job Market is part of CAI's on-line Career Center, which brings together a variety of job search and career development resources.

 

Job seekers can post their profiles for free—and they can be reviewed by anyone at no cost. While the site focuses on community management, attorneys, accountants, bankers, and other industry professionals can also post profiles. Job Market allows job seekers to post profiles for free, enabling individuals to stay connected to the employment market, while protecting their identities and maintaining control over their confidential information. As an added bonus for job seekers, Job Market provides an advanced job-alert system that notifies candidates of new opportunities matching their specific criteria.

 

Employers can access profiles for free. If a recruiter or employer wants to access a full resume, that individual must provide permission. Only then does the employer pay a small fee. There is no cost to the job seeker, who maintains complete control over who can see his or her resume.

 

Employers who are members of CAI can post a specific job opening for only $195 for 30 days. That’s considerably less than the cost of generic job-search websites, newspaper helped-wanted listings or professional search fees.  Non-member pricing is slightly higher.

 

And as a special introductory offer, job openings posted by March 1, 2008 will remain active for 60 days, instead of the standard 30.

 

Congratulations to CAI's Orange County Regional Chapter on their 30th anniversary.  I had the pleasure to attend their 30th Anniversary Luncheon earlier this week and celebrate with over 325 chapter members.  More than 20 of the chapters past presidents were also able to attend this event.  Congratulations and here's hoping for an even more successful second 30 years.

With the flu season rapidly approaching, we are once again reminded by the CDC and other medical authorities that a flu shot can help reduce the incidence of and the effects of this potentially life-threatening disease.  Each year as many as 60 million Americans contract influenza, more than 200,000 are hospitalized, and about 36,000 die from its effects. (Source: CDC)  For more information about influenza consult the CDC's  Influenza Page, the Pandemic Flu page, or your personal physician.

As a service to our members and their communities, CAI is partnering again this year with Care Dynamix to provide flu vaccination clinics at your community or business, saving your residents and employees the need to stand in the long lines common to most public flu shot clinics or to schedule a visit with their individual doctors.  For the same price you would pay to go receive a vaccination at a doctors office or a public health clinic, Care Dynamix brings the service right to you in your community or office.

Check out our website for the 2007 Flu Clinic Registration kit.  Registration can be completed through October and clinics will be scheduled beginning in late October and continuing through December.

Like the swallows returning to San Juan Capistrano, CAI's Annual Law Seminar is returning to Las Vegas in 2008. 

Organized by the College of Community Association Lawyers, the Law Seminar is specifically designed for community association law practitioners, senior industry executives, and anyone else interested in understanding the unique aspects of community association law.

The 2008 event will be held January 25-26, 2008 at:

The Venetian Las Vegas     3355 Las Vegas Blvd, South    Las Vegas, NV  89109

702-414-1000

CAI has contracted for a limited number of rooms at a discounted rate of $269/night.  The reservation deadline for these discounted rooms is December 20, 2007 or until the available block is exhausted.  To reserve your room be sure to identify yourself as a CAI Law Seminar attendee when you call the hotel.

Additional information, including the seminar registration form, format, and schedule, will be posted on CAI's Law Seminar web page in the coming days.

 

I occasionally ask individuals for their permission to use items they have authored in my blog.  Judi Phares' Back Porch column in the current issue of Common Ground really struck a chord with me with its themes of ethics, service, and education (and dogs, since my son recently won the long-standing debate regarding whether or not he needed a dog).  Thanks to Judi for a very thoughtful piece and for permission to use it here.

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What's Good For Max and Muffin....

Judi Phares, CMCA, PCAM

My goal is to be the kind of person my dogs think I am. Tails wagging furiously at supper time, Max and Muffin remind me of this truth. Dogs—more accurately, family members with fur—have an innate sense of loyalty and trust. I’m inspired by their intrinsic belief that people have their best interests at heart and that we will always do the right thing for them.

My dogs have taught me a great deal, so it’s not surprising that I’ve found a correlation between dogs and business. Being the owner of a community association management company, I often make decisions that must measure up to a goal I’ve set for myself: being the kind of person my dogs think I am. The business corollary is that it’s the kind of character worthy of trust and respect.

Doing the right thing in business is at the heart of professional ethics standards. I’m proud that our young industry has established the Professional Manager Code of Ethics to which AMS, LSM and PCAM designees must adhere. It’s a covenant with our clients. As we educate our association boards, we also model for them the reality that governance always drives home: You can’t enforce standards until you have codified and communicated them.

Our professional credentials identify us as qualified service professionals with specialized skills and know­ledge in our field. We don’t earn trust based on our credentials; rather, we earn trust as a result of our actions. Designations demonstrate our degree of commitment and competence. Altruistic service proves we care.

Am I motivated by the welfare of my clients? Am I striving to serve the best interests of the community as a whole, not the special interests of one board member or developer? Let me be clear that altruism and profit are not mutually exclusive. On the contrary, people don’t mind paying qualified, caring professionals to provide them excellent service and treat them well.

By serving a community’s best interests, managers affect the lives and homes of thousands of people. They need to be able to trust us.

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Judi Phares is president of RTI/Community Management Associates, Inc., in Plano, Texas. Her firm is the winner of the 2006 American Business Ethics Award given by the Society of Financial Services Professionals.  She is also a past chair of the Board of Trustees of the National Board of Certification for Community Association Managers.

We have heard a lot of ideas over the past several months regarding how to address the growing number of home mortgage foreclosures across the country.  With the estimate of the number of homes at risk seemingly rising on a daily basis and a general government bail-out almost an impossibility given the federal budget deficit, I thought this idea from Steve Pearlstein of the Washington Post was an interesting market-driven approach to the problem.

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/30/AR2007083001956.html?hpid=sec-business

CAI is currently conducting elections for leaders to join our three Membership Representation Groups (MRGs).  These individuals serve 2-year terms to represent our community association volunteer, professional community managers, and business partner constituencies.  In addition to providing policy guidance and leadership to the organization, the MRGs select individuals to serve on CAIs Board of Trustees.

The election is being conducted electronically and the web site is open to cast your ballots until 11:59 pm EDT on Monday August 27th.  I encourage every member to login to the web site and cast their vote for the individuals who they believe will best serve them and our organization in the coming years.

You can learn more about the candidates and access the voting system at our election page.

Who:  All employers

What: New Federal regulations on employee verification

Where: Nationwide

When: September 14, 2007

Why (you should care): Increased administrative burdens and potential fines and penalties

 

Estimates vary, but it is believed that there are anywhere from 7 to 12 million undocumented immigrants in the United States. In fact, over the past 15 years, the United States has seen an influx of immigrants (legal or otherwise) in numbers not seen since the turn of the 20^th Century.

 

Despite making immigration reform a centerpiece of his domestic agenda, President Bush was unable to push through reforms that would have allowed more qualified, legal workers into the country and would have taken steps to better enforce border security. The collapse of comprehensive immigration legislation has pushed the Administration to get tough on undocumented workers via regulatory means.

 

In August the Secretary of Homeland Security, Michael Chertoff, announced that the federal government is expected to bring a record number of enforcement proceedings against employers in the coming year. In addition, the Administration unveiled new regulations tightening employer requirements for verifying the legal status of employees.

 

On September 14, 2007, new employment verification provisions will take effect. The new regulations will require all employers to take affirmative steps to verify employees whose social security numbers do not match federal records. Under the new regulations, an employee will have 93 days to correct any mismatched information used for employment verification. If the employee is unable to correct the information on the government’s no-match letter, the employer must terminate the employment relationship or risk being in violation of federal immigration law and face substantial fines and penalties. The regulations and verification process are discussed in greater detail on CAI's Political Heads-Up page.

 

In addition to increasing the administrative burden on employers and the risk of fines and penalties, these stepped up verification requirements also hold the potential for widespread workforce disruptions as millions of undocumented workers get caught in the tightening regulatory net. For perspective, it could be like taking the population of Ohio out of the workforce. With an already tight labor market, many employers can expect further challenges in finding and keeping qualified employees.

With literally thousands of pages, CAI’s website is filled with content relevant to virtually every member, not to mention the millions of individual homeowners who live in community associations. With so much content, it’s no surprise that we experience nearly a million visits a year.  It is also no surprise that it is sometimes difficult to find the specific page you are looking for among the myriad of choices available.

As a result of this continued success, we have enhanced our homepage, providing easy-to-use "fly-out" menus that will help visitors navigate to the sections and content they need—with just a single click. 

The new menus are on the left side of the homepage at www.caionline.org. As you roll over any item with your mouse, you’ll see a list of key pages in that section. For instance, when your hold you mouse over Members Only, you’ll see Research Library, Advocacy Center Message Board, Discount Programs and Recruiter Club. All you have to do is click once and you’ll be transferred to that page.

We’ve also added In the Media, a feature that provides links to selected articles involving community associations, CAI and the industry at large. This page will be updated on a weekly basis.

We hope that these enhancements make CAIonline even more helpful to members and non-members alike.  As always, suggestions for future improvements are always appreciated.

I get asked frequently by media, boards, and even prospective home buyers: How do I know if my board is doing a good job?  Basically, what assurance do I have that my community is governed well? 

I typically encourage them to look for three general traits.

- Efficiency, or how well does the board safeguard and spend community's resources.  Do they treat their fellow owners money as their own?  Do they ensure that common areas and amenities are protected?  Do they exercise their fiduciary duty wisely?

- Effectiveness, or how competently are things done.  Are repairs made in a timely manner?  Does the condition and operation of the community fairly reflect the general expectations of the residents?  Is the association run in a business-like way?

and perhaps most importantly,

- Transparency, or how well does the board communicate what it is doing and why.  Do all members have access to the same information.  Are critical issues and decisions shared with the membership?  Is homeowner input solicited when appropriate?

The most effective leaders, whether you are talking about community association boards, corporate leaders, politicians, or sports coaches, are those who communicate well and often, engage their constituents in the ownership of the group, are responsive to constituent needs, and make reasonable and competent decisions when appropriate.

In that spirit, CAI has developed some basic governance guidelines for community associations.  We didn't attempt to create a detailed set of specific actions and behaviors for every situation, because of the many different laws that govern associations and the many different governance structures that they operate under.  What we did try to do was identify some of the most frequent areas of confusion and contention and define some expectations that were simple, straightforward, and reasonable.  We call them Community Association Governance Guidelines and they address such wide ranging issues as meetings, finances, debt collection and reserves.

You can find out more and download a free set of the guidelines on our web site.  We hope that this tool inspires communications within communities, encourages boards to set and meet expectations, and leads to better governance in communities of all sizes, shapes, and forms.