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DanaB1 (Connecticut)
Posts: 319
Posted:
I'm always amazed with how often the topics of posts have to do with boards not being open with the associations they represent, the difficulty in removing them, the boards that make poor decisions due to lack getting any kind of education in running an association, the number of board members that don't do anything but show up and talk about "their unit", the failure of board members to understand how to balance a budget and save for future expenses,................... anyone want to add to my list?

Dana
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dana,

As long as you have this list started, how about creating one with the good things that Boards do. (Total new concept)
DanaB1 (Connecticut)
Posts: 319
Posted:
Atta girl Donna! I like your attitude. But you have to admit the irony.

I was at a seminar wherein an attorney asked the room full of board members what their issues back at the associations were and 8 out of the 10 complaints he listed on the board had to do with board members, not lack money in reserves, not difficulty in getting contractors to show up, not delinquincies.................

Funny, no?

Dana
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dana,
Dat be the truth--funny yes. I look at life with my glass half full. Some, people always are half empty. Sometimes before they are in their second sentence, I know how empty they are.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By DanaB1 on 10/25/2008 12:34 PM
I'm always amazed with how often the topics of posts have to do with boards not being open with the associations they represent, the difficulty in removing them, the boards that make poor decisions due to lack getting any kind of education in running an association, the number of board members that don't do anything but show up and talk about "their unit", the failure of board members to understand how to balance a budget and save for future expenses,................... anyone want to add to my list?

Dana
Dana, you have really hit the nail squarely on the head. What you are suggesting in your post is precisely why state legislatures and, indeed, even the federal government has had to step in to regulate and control homeowners associations. It is precisely why I am working with members of the Indiana General Assembly to enact legislation that will rein in boards.

The gap between the ideal and the real in homeowners associations is huge, and it appears to only be getting larger.

Associations, if not create, perpetuate a culture of non-participation.

Attorneys and property managers tend to have more to say about the management of associations than the residents that are supposed to be served.

Boards tend to attract people that have a stronger than normal penchant for control of others.

Most boards are busy, but busy doing the wrong things.

Our notion of how boards and associations should conduct business are taken right out of the 17th century idea of a social society or guild.

Most boards are woefully uneducated and uninformed about their roles. Homeowners association governance is not an entry level board position.

The notions of servant leadership and policy governance is unknown to most boards. Most people (and many posters here) view the protection and preservation of the corporation as their primary responsibility.

There are vast differences among associations. One size does not fit all. Condo management and governance is quite different than the management of single family suburban developments is quite different than the management of a townhouse association. Governance of a mega-association with thousands of units is much different that governance of a five-unit condo building.

Something like 80 percent of new housing in the country is controlled by a homeowners association.

There are few checks and balances and separation of powers in a homeowners association--notions that are fundamental to our system of governance. Boards make the rules, interpret the rules, enforce the rules, adjudicate the rules, and meet out punishment. Efforts to rein in boards or to appeal a decision are so expensive, time consuming and lengthy that the board of the association has nearly dictatorial powers.

And to top it off, homeowners associations are created by developers (often at the insistence of municipalities) for purposes of maximizing profits. Community appearances and lifestyles are frozen in time, according to the desires, whims, and profits of a developer who has long since left the scene. And, as a result communities are often stuck in a time warp that makes change exceedingly difficult, if not downright impossible.

With all that said (and much, much more unsaid), I am not opposed to homeowners associations at all. I believe that there is an important place for these private pseudo government entities.

I believe that private governance through homeowners associations is still very much a work in progress--a grand experiment in contractual that requires continual monitoring and modification.

JoeK1 (Michigan)
Posts: 37
Posted:
I believe that problems with Boards are rooted in a several areas including; the nature of a volunteer not-for profit Board, motivation for becoming a Board member, and most importantly their qualifications and skill sets.

Many association board members are not professionals. They may not have formal education or practical experiences to properly lead and manage a company – and their association is a company. Typically, for-profit Board members who are paid, have to compete on the open market with other candidates to get the job. That usually provides for a stronger pool of qualified candidates. Board members for these companies are usually the most senior and qualified that are available. You would never select a board member because s/he was the only one available who wanted the job or use it as an entry level position.

With associations, the candidate pool can be weak and lacking. Reasons for running for a Board position may include:
- No one else will volunteer to do it.
- I want to protect my personal interests.
- I want to help and give back.
- I have a personal agenda.
- I want to be “In the Know”.
- I can achieve a sense of self-satisfaction.
- I can build my resume.
- I can form valuable relationships.
- I want to acquire status or power.

Unfortunately, this is not what is needed to run a company. Many of the problems faced by associations are not unique to them. The same problems exist in all companies. Some leaders handle these issues well and some don’t. It is only reasonable to expect that an association with inexperienced leaders will face a very rocky road. This is a formula for a company destined to “trial and error” approaches and one that spends all of its time on fixing problems, rather than from preventing them from occurring in the first place. The use of a Management Company is no guarantee of success either, as many of them and under-qualified and under-experienced in leading a company. They can be good at routine back-office jobs (accounting, web sites, maintenance requests, etc.) and enforcers (CCR compliance, fee collection, etc.), but they are not company Board leaders.

George is correct with his comment about associations being created by developers for purposes of maximizing their profits. They also are likely not experts in the field of leadership/management and can easily walk away once the project has been completed. So, now you have a situation where a volunteer Board is thrust into running a company. They enter a system where no qualifications or experiences are necessarily required. Many will not know what to do, why to do it, or when to do it. It is not surprising that they will have problems with their “investors” – namely, the owners.

The options for an inexperienced Board are few. They could hire a qualified Management Company to assist them. They could try to recruit more qualified volunteer Board members. But, probably, one of the most important things they can do is to arm themselves with knowledge. It may not be pretty, but a Board may have to quickly climb the learning acceleration curve by making mistakes and learning from them.

From my experience, I have found that many of these mistakes can be avoided by paying attention to and setting up the proper management control infrastructure. The Board must understand how decisions will be made, who is to lead and who is to follow, the procedures to be used, the authority levels of BoD members, the communication system, and a host of other things that should be considered in the performance of their work. There are multitudes of opinions on the best way to manage a business and there is no loss for management consultants or books that have been written on this subject. I believe that the following are some of the key components that must be addressed and strengthened for an association to prevent problems from developing:
- Clear BoD roles & responsibilities
- Establishment of several key business processes (budget preparation, architectural variance, fee collection, BoD request for decision, CCR enforcement, emergency contact, maintenance request, and communication)
- Use of decision packages to facilitate BoD decision making
- A mechanism to quickly gain input and communicate decisions made to association members

Besides these “hard” qualifications, there are “soft” ones that needed for an effective Board leader. Leadership skills of providing direction, influencing others, stepping forward to address difficult issues. Interpersonal skills of relating to people, able to give and take, and manage disagreements. Finally, communication skills of speaks effectively, running effective meetings and preparing written communications.

This is not an easy issue to solve and associations probably have more than their unfair share of problems. But, in the end, it comes down to “what is the best way to manage my company and how can I get the best people to run it?”

good luck
JoeK

DanaB1 (Connecticut)
Posts: 319
Posted:
George,

I'm standing and giving you a round of applause. Well said.

In Ct. here is the bill that was passed in 2006. Pretty loosely written and doesn't really do much other than I try to show board members that "even" the government realizes their is a problem. LOL

We have a new board and most of them don't even want to spend the time or money to get educated and yet they are more than willing to make decisions without consulting the attorney at times when his should definitely be invovled nor do they like to spend money on the advice of reserve specialists. There are other areas still left unsaid.

Here is the Bill.............

"House Bill No. 5537

Public Act No. 06-23

AN ACT CONCERNING TRAINING FOR MEMBERS OF ASSOCIATIONS OF COMMON INTEREST COMMUNITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2006) The executive board of each association of a common interest community, or an officer designated by the executive board, shall encourage each member of such association, including the officers and members of the executive board, and any managing agent of such association or person providing association management services to such association, to attend, when available, a basic education program concerning the purpose and operation of common interest communities and associations, and the rights and responsibilities of unit owners, associations and executive board officers and members. The executive board, or any such designated officer, may arrange to have any such program conducted by a private entity at a time and place convenient to a majority of the members of such association. All or part of any fees for such program may be designated as a common expense of the association and paid from association funds in such manner as may be determined by the executive board and approved by the association, consistent with the bylaws of the association and chapter 828 of the general statutes.

Approved May 2, 2006"

Dana
DanaB1 (Connecticut)
Posts: 319
Posted:
Joe, your post went up the same time as me so I wanted to give you a round of applause also.

Of course reading at the bottom of your post I now realize you're a professional at this, not that I'm knocking that. You have offered insight that I have yet mastered.

A big problem I have as a President is motivating my board to tackle assignments. I ask for volunteers but I end up doing most things myself. A brand new board of 9 months (we ousted the old board) and the honeymoon is over baby.

I'd rather have a board of 3 willing to roll up their sleeves than a board of 7 with only 2 doing the work. I feel that during any one board's term you have a couple workers and the rest show up. That is a major reason that the few good members of past don't want to reup, they're tired of doing all the work while others just ride the bus.

I hate to keep sounding so negative but it's extremely frustrating as someone giving his heart and soul to his association and left trying to work with others that just dont' get it!

Dana
DonnaS (Tennessee)
Posts: 5,671
Posted:

AH HA!! here again, Florida is breaking new ground in HOA Board members. A new Statute has been added that all Board members are required to attend so many hours of training in management and understanding the Statutes and their own CC&Rs. Hows about that? I will find it and post it when I get back this noon, after Tennessee Octoberfest. (yup, mountain people like oomp pa pa and beer)
JeanneK3 (Maryland)
Posts: 562
Posted:
Dana and George
For 2 years the Maryland House has passed a bill called the "Home Financial Accountability Act" http://mlis.state.md.us/2008rs/billfile/HB0042.htm, which the Maryland Senate has shot down. The bill will be introduced this year again. It would have allowed essential information to be mailed or e-mailed to homeowners upon request. CAI opposes this bill. One has to wonder why. Some Boards are completely open; many are not. It is ridiculous that if a homeowner wants Board Minutes or Financial Statements they must take off work and go to the manager's office to get something that is sent or e-mailed to the Board every month. How can homeowners protect their investment in their homes if they can't get association financial information?
George: Good luck with your legislature but expect to be working for years. There are moneyed interests opposed to true openness in associations.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Thanks, Jeanne. The more I look into legislative action across the country to rein in homeowners associations, the more I find. Your reference is a important addition to the research I have been doing. CAI in Indiana is not well organized or very powerful. They can't even keep their website up and running.

I fully expect that this will take years--it has already been four since the first significant legislation on homeowners associations was introduced. It has not been a problem of opposition. Rather, it has been a problem of too much for the legislature to tackle in any one session. I think we will get a hearing this year. And, because of my efforts, we will have both a senate and assembly sponsor introducing the same bill.

I think Florida has the most difficult challenges. It is also the most heavily regulated. Their approach is to look at homeowners associations as extension of government.

Joe's comments are insightful and come clearly from experience. Homeowners associations are not the place for on the job learning by board members. We end up with lawyers and property managers calling the shots with boards serving as rubber stamps.

Balancing the needs of community living with individual property rights is the key. Right now the balance is skewed clearly toward the needs of the community. Governing boards have too much power; and there is not a sufficient process in place to assure adequate checks and balances.

We need a healthy debate on identifying the problems before we start applying solutions, rather than looking at associations through rose colored glasses as some are wont to do.

The vast majority of people in this world ask "how." I ask "why."
AnnaD2 (Florida)
Posts: 960
Posted:
Oh Donna, when you find that could you also find out if there is similar new law for 718 condos? We were under the impression that all board members had to sign a form stating that we've "read and understand" the documents and state statutes "to the best of our ability". That seems sort of open ended.....everyone will still be able to say, "Well I THOUGHT that's what they meant.....". Plus, not even our management company can even find that "form" that we're all supposed to sign.

Please keep us posted!
MonicaE (Nevada)
Posts: 21
Posted:
Dana,
I agree with your perspective, but with the older generation, that is what they are interested in, "their unit". Most of the people on the board these days are not into the millenium and they rely on their past to try and solve problems that they are not even aware of.
Good Luck
SusannaM (Florida)
Posts: 366
Posted:
Donna, are you back from Oktoberfest up in the mountains?? LOL
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susanna,

JA!, we're back. The colors are awesome and the smell of bratwurst fills the air. Boy, I sure don't miss Florida.
SusannaM (Florida)
Posts: 366
Posted:
I lived in Cincinnati for a couple of years and do not regret being back in NE Florida at all. Today was absolutely georgeous here but so was in Cinci, just a bit cooler. Still have a house there that can't sell. Tennessee has some georgeous sites, so does GA and NC.
I was in Charlotte not long ago but the trees had not changed colors yet.
SusannaM (Florida)
Posts: 366
Posted:
Quote:
Posted By AnnaD2 on 10/26/2008 12:56 PM
Oh Donna, when you find that could you also find out if there is similar new law for 718 condos? We were under the impression that all board members had to sign a form stating that we've "read and understand" the documents and state statutes "to the best of our ability". That seems sort of open ended.....everyone will still be able to say, "Well I THOUGHT that's what they meant.....". Plus, not even our management company can even find that "form" that we're all supposed to sign.

Please keep us posted!

I'm also interested in Donna's recent findings about this.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Having some trouble finding it as it is brand new. Might even be that the Legislature never passed it. I'll keep on looking. Donna

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