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RonR (Arizona)
Posts: 4
Posted:
I recently became Chair of our COA in Arizona. A very nice group of people and the units are in good shape.

But I have found a few things to my suprise ((ex: late fees that if not collected or filed in court against that are lost (not just a lien, but foreclosure)- Proxies no longer valide, but only absentee ballots; Management Firms that are really just bookeepers and seem to have no advising responsibilities; Incorporation vs non ))

Does anyone have a list of the 10 most important things a new Board Member should know? Kind of a List of COA items for Dummy's?

Thanks
BrianB (California)
Posts: 2,820
Posted:
1) Bylaws. Any board member MUST be familiar with the by-laws, inside and out.
2) Covenents: same as above. If you don't know these two documents, you cannot govern effectively.
3) State laws. Know your state laws regarding HOAs.
4) Income Tax: know how to file your income tax forms, and do it, every year.
5) Insurance: property, accident, and errors/omissions. be aware of your policies, what they cover, what they dont.
6) Budget: know what it is, and know why everything is budgeted for the amount it is.
7) Expenditures: you must know where all the money is going. who are you paying, and for what? Why?
8) name, number of your local beat officer, or community liason officer, or police rep.
9) how to write a business letter
10) how to document minutes, keep business records, and run an organizations document control.
11) How to run an effective meeting.

sorry, that's eleven. you could do without number 9 or 8, if you had to.
hoatalk (California)
Posts: 603
Posted:
Nice job Brian!

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RonaldW (South Carolina)
Posts: 901
Posted:
Posted By hoatalk on 12/25/2006 6:01 PM

Nice job Brian!


I agree.


Ron
SC
PatrickH (California)
Posts: 204
Posted:
Ron, Brian's list is excellent and if I can add one more thing, it's communication with the members.

Whether you you send out a couple of newsletters each year, put flyers on the homes, post announcements somewhere on the property or have a community website, it helps a lot to keep communicating with the owners.

If your association is like most, you probably get a tiny turnout at the Board meetings, so you need a way to keep the members informed on how things are going and what is being planned for the HOA.

A lot of homeowner unhappiness comes from being "surprised" by decisions made by the Board. You may have considered something for six months before doing it, such as changing a parking rule, but if no one knows it's being considered, it comes as a shock to most members when it's enacted.

Good communication can ease these surprises, get feedback from owners and give them the feeling that the Board is working in everyone's best interests.
GlenL (Ohio)
Posts: 5,491
Posted:
Well said Patrick, besides keeping the homeowners in the loop on things, it makes it harder for malcontents to sabotage things. (Yes I know people have a valid right to question things the BOD does and that in itself makes a community better, but some people like to stir up trouble just to stir up trouble.) We announce in the spring the issues/repairs we hope to address during the year. This year in May we announced that a crumbling walkway made of paving stones would be replaced with a concrete walkway.

The work was done in September and in October one of the members demanded to know why we hadn't considered replacing it with blacktop instead of concrete as it would be cheaper and we were just wasting money. That person had gotten a whole group upset until I pointed out the timeline and asked them why they waited until after the work was done to complain. Needless to say the focus shifted from the "wasteful BOD" to why they waited to complain.

Studies show that 5 out of 4 people have problems with fractions
WilliamT (Arizona)
Posts: 489
Posted:
Posted By PatrickH on 12/26/2006 7:10 AM

... If your association is like most, you probably get a tiny turnout at the Board meetings, so you need a way to keep the members informed on how things are going and what is being planned for the HOA.

A lot of homeowner unhappiness comes from being "surprised" by decisions made by the Board. You may have considered something for six months before doing it, such as changing a parking rule, but if no one knows it's being considered, it comes as a shock to most members when it's enacted....



PatrickH,

I agree with communication being very important. However, I believe also that people should come to the board meetings to find out what is being planned. That is when they can offer their input. If people understand that they need to take an interest in the community and attend meetings to get advance information, and be able to make comments prior to the board daking action, then it is more likely that people will attend. We are using that strategy.

If a board continuously tells people in newsletters what is being planned, then there is little reason to come to the meetings.

My feeling is that the board should keep the homeowners informed on the actions the board has taken, and the status of the community property, but if they want to know what is in the works, and be a part of the discussion, then they must attend the meetings.

We keep our community informed of all of this and we invite them to the meetings in each newsletter. We're hoping this strategy along with others we hope to institute will help get some attendance.

We have been asking in newsletters for months for people to give us ideas on how to update several sections of our community property, but no one has come forward.

Recently we took an action that we had been discussing for several months. After the work was done, we had two homeowners complain about it. (This was a current and future money saving action) One of the homeowners came to the next meeting and complained. We referred the complaint to the maintenance committee to decide what to do. We also very politely informed the homeowner that it is more effective to make comments on these issues before the work is done, and that by coming to meetings one will know what is being planned and will have ample opportunity to voice their opinions.

RonaldW (South Carolina)
Posts: 901
Posted:
..... I agree with communication being very important. However, I believe also that people should come to the board meetings to find out what is being planned. That is when they can offer their input. If people understand that they need to take an interest in the community and attend meetings to get advance information, and be able to make comments prior to the board daking action, then it is more likely that people will attend. We are using that strategy. ..........


At some level that would be a good idea. On the other hand, the members elected the BOD to "run" the HOA just like citizens elect people to run the government. If the BOD was considering a major project such as a new clubhouse, swimming pool, marina, etc., it would be appropriate to bring the subject up at a general membership meeting. If a member gets worked up over a BOD decision to repair a cracked walkway and the method used, or what contractor is hired to cut a tree down, he or she should consider running for office on the BOD.

Our monthly BOD meetings are held in a board member's house (currently mine). Members may come to a meeting to voice their concerns or they can phone or e-mail us. If all 134 members decided to show up at my house with their spouses it's pretty clear there would be a problem. Minutes are kept and I suppose a member could ask for a copy if he or she wanted to.

Ron
SC
DonN (Michigan)
Posts: 357
Posted:
I toss my hat in with WilliamT. Participating means more than attending to be told what someone else has decided, elected or not. Wisdom and good ideas don't just reside in those elected. Participation in board meetings and communication advocated by PatrickH should be added.

Allowing members to speak at a board meeting on each agenda item before a vote is taken is just good practice and good governance. It is also a way to increase participation. Members are more likely to attend the board meeting if they are given the opportunity to speak and the board listens.

Meetings should not be held in a member's home. They should be held in a public meeting space that invites attendance. The cost of renting a suitable meeting room is part of the good governance.

Allowing such participation by members is not difficult. In the county government in the county (25,000 residents) where I live, residents can speak on any agenda item before a vote is taken merely by requesting the "floor" from the chair. There is also an open session part of each biweekly meeting set aside for residents to address the board of commissioners on any issue.

My observation is that the residents use this opportunity in a professional and civil way. There is no reason it won't work for property owners associations as well.

RonaldW (South Carolina)
Posts: 901
Posted:
Each association is different just as each community is different. We have 134 properties, no pool, no tennis courts, no marina. We have a front entrance, a couple signs, a decorative gazebo, several hundred feet of easement to maintain, and several worthless properties that were deeded to us by the developer.

Typical BOD meeting items:
We have a tree that's on our property but leaning over a member's fence and needs to be taken down. Who will find a contractor? I volunteer. Next meeting - I interviewed six contractors. Question - Should we go with the lowest bid which was two guys in a truck who planned to remove a section of the neighbor's fence and drop the tree in their yard and garden or should we pay a little more for the licensed pro who will climb and take it down with ropes and repair the damage done to the homeowner's tree by "our" tree?

You really want to discuss this in front of 134 members and their spouses? It's less than $500.00.

Next item:
We submitted some text to one of the members who composed the newsletter and has brought it for suggestions and approval prior to printing and mailing. Do we hand out 134 "draft" copies and ask for comments?

Next item:
When can we (the BOD members) get together to decorate the entrance for Christmas?
We're going to discuss this with the members?

What days and for how long should we set the timer for the irrigation system?
See above.

Should we pay $100.00 to have the brick walls at the entrance steam cleaned?

Another one:
Should we purchase imprinted plastic bags to place violation reminders in so they look more professional and don't get wet from rain?

It's nuts and bolts daily operation of the association. As I posted above, major policy changes, major expenses and the like have a place at the membership meeting or even a special meeting called for the purpose. We would likely get nothing done if we had to listen to 134 opinions on each item.

It's a lot like the US Congress. We have a constitution to follow (the CC&Rs). We cannot take any action not allowed us by the CC&Rs. We have been entrusted by the membership to take whatever actions deemed in the best interest of the membership as a whole. We have each provided telephone numbers and e-mail addresses both in the newsletter and on the website. If anyone has a concern they can contact one (or more) of us and some do. They can attend and speak at a BOD meeting if they feel the need to (and some have). As for the others, they seem to be happy with how we are operating. If not, there's an election every two years.


Ron
SC
GlenL (Ohio)
Posts: 5,491
Posted:
Don you've just described the beginning of every out of control HOA. Do you think that people get together and decide to become despots? I'm sure that most if not all start with the idea that they are performing a service for their community. Now I'm sure everything you do is as above board and boring as you describe but what about the people who follow you? How can you be sure that they will follow in your footsteps? Besides the fact that if you don't open the meeting to all homeowners it may be illegal, it lends the appearance of impropriety. Isn't there a church, civic building, firehouse, or library within a reasonable distance, many will allow a nonprofit meet for free. 134 families unless you triple the dues you'll be lucky to have ten show up and while that might overwhelm your family room, invite anyone who's interested in attending to bring a folding chair and hold the meeting in someone's garage. Invite them, most won't come. We have 132 families and besides the five of us on the BOD we have 6 or 7 that show up for all the regular meetings and about 25 more the 2 times a year we hold open forum (All right Bi@!h sessions) meetings.

Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posted:
opening a meeting to owners and allowing the owners to express their ideas, opinions and thoughts on every item are two different things. I think we all agree that somewhere in the mix is the optimum transparency and interaction, and it may vary from HOA to HOA, month to month, item to item.

Holding open meetings is crucial. Work done by the board should be transparent, visible, etc... not necessarily does it need approval every step of the way, but the process should be visible for scrutiny, if desired. I assume Ron has the bids saved in a file for the tree removal, and there was discussion among the board as to which contractor to hire, and perhaps even the documented reason as to why they chose who they did. That's transparent enough to me. I could have attended the board meeting, heard the discussion, and been happy that my board was working the way i wanted, or unhappy at how they did things and able to secure documents to show what I desired at the next meeting.

Boards were elected so that all opinions need not be expressed or heard AT THE TIME OF VOTING (ie, HOA's are republics, not democracies in 80% of what they do). Giving the owners the rights to express opinions is absolute... as mentioned, if we don't, we run the risk of losing touch and becoming despots. But those opinions can easily be gathered between meetings, over the fence, in the driveways, etc... and should be.

Having an effective meeting is knowing your ownership, and knowing how to allow them participation without allowing them to derail the business needs of the hoa... it's a skill, an art, and tough, and never done 100% successfully all the time.

my two cents.
GlenL (Ohio)
Posts: 5,491
Posted:
Oops, I meant Ron not Don in my last post, darn those rhyming names. Ten lashes with a wet noodle for my error.

Studies show that 5 out of 4 people have problems with fractions
RonaldW (South Carolina)
Posts: 901
Posted:
The BOD meetings have been held in board members homes every month since 1989 and as far as I know there have been no complaints yet. I've only lived here for a little less than two years and have been on the board for a little less than six months so I don't know the complete history. There's an annual membership meeting and that's held in a rented facility. I do know that that facility cost us $100.00

As I look back at what is discussed and decided at these meetings, it occurs to me that we are mostly making decisions that would be made by a management company if we had one. I don't believe a management company would allow HOA members to sit in on its decision making processes. Our CC&Rs don’t allow us to make “rules”, only to enforce the ones provided in the CC&Rs.

One problem with soliciting input is that those whose suggestions are not followed often become resentful. In one case posted above, the BOD decided to replace a failing stone walk with concrete. Someone became upset because they didn't replace it with asphalt. At an open meeting, this discussion could have taken an hour or more and ended with yelling, accusations, and hard feelings. And several members would have walked away from the meeting upset because "the BOD never listens to me".

Go back to the issue of who to hire to take the dead tree down. Because I respect the other BOD member's intelligence and honesty, I was able to bring all the estimates and my impressions of each contractor to the table and we discussed the pros and cons of each choice. A discussion among five like minded people is manageable. For a public meeting, I could easily discard the estimates I didn't like and present the one I favored along with two higher ones. So much for "openness".

In the end, it's like I said before, elections are every two years, if you don't like how we are taking care of business, if you believe we're not responsible to your input, if you believe we are dishonest, elect someone else. I’ll proudly walk away knowing I tried my best.

I do appreciate the input and it’s something that we will certainly consider when and if the time comes.

Ron
SC
RogerB (Colorado)
Posts: 5,067
Posted:
I agree with Don and William. Board meetings need to be open to owners and they should be allowed input. This works when the chair can effectively conduct a meeting. In 2005 Colorado passed a statute which provides for the owners to have input at Board meetings.
JosephW (Michigan)
Posts: 882
Posted:
I think this is one of those things where "size matters". For Don N's huge POA, meetings held in a public forum make sense, but for a 20 home HOA, a board member's home usually will suffice. The key is to find the best way to get sound feedback from the owner's on what they want, are willing to pay for and how the association is doing. The board is elected to govern, but where they choose to draw the various lines is a constantly moving target, often on an issue-by-issue basis. For example, take awarding a lawn-cutting contract. Is it always on the lowest bid or does quality of work enter the discussion? Sometimes its as simple as asking if they'd be willing to pay $2 more a month for a better job. If they say yes, then the place looks nicer - if they say no, then it dampens the criticism of the current job. A board shouldn't work in a vacuum.

I am often amazed at how many board member's feel that lack of open criticism means they are doing a good job. They usually end up surprised when a single issue, thought to be minor, pushes a majority over the edge and the association implodes.

Good feedback is critical to governing and keeping the association moving in a positive direction, and the way you get good feedback is by communicating with the owners as often and as thoroughly as you can. And by listening more than talking.

In case you haven't noticed, community associations, mostly homeowner and property owner associations, have taken a beating this year, and in almost every instance, bad or lack of communication was at the heart of the matter.

Yes, you were elected to govern, but waiting until the next election to find out that the owners don't like what you've done doesn't make for a good community.

The list above is great for what a board member needs to know, but it only the first step in being a good board member.

Joe

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