Here’s an article on how Community Associations are conducting meetings during the COVID-19 pandemic, with some added insight from our president Ken Bertolucci.
Ken Bertolucci is President of NS Management, a community association management company located in the north suburbs of Chicago. He often writes for industry-specific and news publications.
Social media tools are a great way for community associations to increase engagement with their residents, but they can leave communities vulnerable to potential legal risks if managed inappropriately.
Adopting a social media policy can allow communities to assign responsibility for its use and minimize abusive practices, says attorney Katrina Solomatina of Berding & Weil in Walnut Creek, Calif.
Platforms such as Facebook, Twitter, and Nextdoor, as well as websites, online newsletters, and email blasts, allow community associations to facilitate communication between homeowners, provide real-time updates, and give members the ability to offer instant feedback to the board.
At the same time, social media can be abused by users through practices such as cyberbullying, defamation, and invasion of privacy, Solomatina notes.
Comments made through social media can have a negative effect on a community. That’s why it’s important for communities to determine who will manage and update social media platforms, who will monitor and respond to comments, who can control or remove content, who can post, and what type of content is prohibited. Community associations should adopt a policy that covers the above.
When an association operates a closed group or discussion board, like Nextdoor, for residents, Solomatina recommends a user policy that includes the following terms:
1. You must be a resident or property owner in the community association
2. Anonymity is prohibited
3. You must use your real name
4. Be respectful of others at all times
5. Ranting is prohibited
6. Personal attacks are not tolerated
7. Commercial advertisements are prohibited
8. Violators will be suspended
Solomatina will be presenting a session—Social Media: Community Association Friend or Foe?-at the 2019 CAI Annual Conference and Exposition.
If you interact with 20 people on a business day, 19 may be pleasant encounters. But if just one is extremely disagreeable, that interaction will probably stick in your mind. You may replay it over and over throughout the day, while you think of the clever replies you wish you had said at the time. At worst, the encounter may gnaw on you after working hours and even disturb your sleep.
It’s fair to say that you have allowed that person to take up space in your mind. And as a Community Association Manager, it should disturb you even more that they’re not even paying a fee for the precious real estate in your head.
The High Conflict Personality
When I started as a new CMCA dealing with homeowner issues, I was surprised to discover that some people didn’t seem to want a peaceful resolution. Instead, they appeared to enjoy conflict and try to increase or prolong it. Any attempt to bring the matter to a close brought resistance and caused them to raise new issues.
Bill Eddy, a licensed professional as both a therapist and attorney, observed this phenomenon when dealing with such individuals in workplace or family disputes. He came to understand that it was not the pressure of the current issue at hand that would cause their extreme behavior, but that these personalities created conflict no matter what the circumstances. To gain a better understanding of this behavior, he engaged in a detailed study of these types, who he termed High Conflict Personalities (HCP).
As a result of his observations, Mr. Eddy devised a process to get control back from HCP’s during a difficult encounter, and contain their destructive actions. But first, he found, you must accept that you cannot change their conduct or even help them gain insight into their unproductive behavior. Their patterns are embedded, unconscious, and automatic. Again, the keyword with HCP’s is containment, not rehabilitation. If you expect them to suddenly see the light and repent from the error of their ways, like Jake in the Blues Brothers movie, you will be disappointed.
How Should You Respond?
Instead, Bill Eddy advises you to use a B.I.F.F.* response: brief, informative, friendly, and firm.
Brief — reply briefly and succinctly. You don’t want to get in a dialog with the HCP, since any extra commentary only adds to the probability of an angry response and provides fuel to take the conversation off track.
Informative — Simply reply to the question, correct the inaccurate statement, or state your policy firmly with no unnecessary elaboration. The main reason you are responding is to correct their erroneous statements or expectations. Focus on the facts and the accurate statements you want to make instead of the inaccurate statements the other person made.
Friendly — Using a friendly response will increase your chances of bringing the matter to a close (i.e. beginning with “thank you for contacting us”). At least be neutral – no sarcasm, threats, and personal remarks about the other person, no matter how unreasonable they are being. Don’t let them bait you into responding emotionally, or give them a reason to get defensive and keep leveling new accusations.
Firm — After you have conveyed your information, then close the discussion. Sound confident and don’t ask for more information. Mr. Eddy advises that in cases where you need a response to a specific question, phrase it as a “yes or no” question and ask for a response by a certain date and time.
Not Every Irate Person is an HCP
It is important to remember that not all difficult people are high conflict personalities. You need to make a distinction between an HCP and someone who may be truly upset about the matter at hand but are willing to work with you cooperatively. If you respond with understanding and helpful guidance and the other party is receptive, you can provide excellent service and perhaps even improve the relationship. But if you find yourself dealing with an HCP, you now have a roadmap. By following it, you may even be able to evict them from that rent-free space in your head.
*For more information on BIFF Responses, see Bill Eddy’s book BIFF: Quick Responses to High Conflict People, Their Personal Attacks, Hostile Email, and Social Media Meltdowns.
Ken Bertolucci is President of NS Management, a community association management company located in the north suburbs of Chicago. He often writes for industry-specific and news publications.
Governing documents are the set of rules that homeowners and HOAs must abide by. This set of documents is usually made up of: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and Rules and Regulations. These documents can be confusing and full of legal jargon so here is what you need to know:
Articles of Incorporation:
These short documents declare the HOA as a nonprofit mutual-benefit association and identify key players in the HOA such as the initial agent who is authorized to receive legal notice on behalf of the HOA. The Articles of Incorporation establishes the HOA as a legal entity giving it certain rights as well as certain law that they need to follow. The document may be more extensive for some HOAs if they decide to include information on voting and amendments.
Bylaws:
HOA Bylaws are the rules that govern the organization of the Association. They list the procedures for filling positions and what the positions entail. This ensures that there is continuity in the way the HOA is governed as people come and go. These also dictate how meetings, voting, and communications with residents are carried out. They have little to do with the residents besides providing consistency in how decisions about their condo building are made.
Declaration of Covenants, Conditions, and Restrictions:
This governing document details the rights of each owner and the Association, as well as, the obligations of both parties. They typically map out the “property lines” of each unit as well as the distribution of common areas. The CC&R will also explain the responsibilities of each party in terms of maintenance work and cost. This document is also where you can find the extent of the HOA’s enforcement, their procedures to resolve disagreements, owner usage restrictions – like rules governing pets, the renovations and upgrades an owner can make to their property, and limits on common space usage.
Rules and Regulations:
These Rules will detail any of the processes or regulations mentioned in the CC&R. They will discuss further restrictions on how facilities may be used – both individual units and common spaces. In terms of legal hierarchy, the CC&Rs and Bylaws take precedent, as they are usually in compliance with state or city laws while the Rules and Regulations are purely internal. The Rules and Regulations can be changed by using the procedures, like voting and meetings, outlined by the Bylaws.
As you can see, each document performs a specific purpose but the documents interact with each other to create a cohesive, well-functioning condo development. It is important to review these documents to know your rights as a resident and to make sure you know all of your obligations and restrictions.
Sometimes it seems that homeowners think community association managers have superpowers. They are all-knowing, have x-ray vision, and are able to resolve all matters with a simple decree.
But when you’re actually in the trenches of your job, you know superpowers aren’t exactly part of the package.
Misunderstandings about the responsibilities of the manager, misconceptions about the roles of the board vs. management, and lack of knowledge about the proper functions of community associations often leave homeowners confused. Let’s face it, few buyers read — much less understand — the pile of association-related legal documents they receive at closing.
You can’t really blame homeowners, especially newbies, for being a little fuzzy on the details. Sometimes even management could use a little refresher on what their roles really are. Let’s clarify some common misconceptions about the role of association management.
New Rules and Policies — Who Decides?
A medical doctor whose daughter was a resident in one of our communities wanted the association to be declared a non-smoking complex. When he contacted me (CMCA with the management company), I explained that this was not a decision made by management. Rather, it would require an amendment to the declaration. He was not dissuaded and continued to send me anti-smoking materials and impassioned emails about the dangers of secondhand smoke. I finally had to have the association's legal counsel send him a letter verifying the process to implement such a change.
Rather than work with the HOA board to garner support for an amendment to the declaration, he ended his anti-smoking campaign. He meant well, but he just didn’t understand how it works. Unfortunately, this is the case with a lot of homeowners in any community. They are trying to get involved as a stakeholder in what happens in their neighborhood (usually a positive thing). But they don’t necessarily know where to direct that energy, so they come directly to you. When this happens, rather than playing along, it’s important to explain what is and is not within your power.
While it might be easier to convince one person to implement change by decree, that contradicts the spirit of a representative democracy, which is at the foundation of community associations. While it can be a slow and messy process, working with your elected board and neighbors to reach a consensus is in every homeowners’ best interest.
Assessments and Fees — and Who Works for Whom?
When we take over management of a community association, at the introductory meeting I am always asked if assessments will increase or payment due dates will be changed. I explain that management companies do not make such decisions, but that these things are decided by the HOA board of directors.
On this and other issues, it is often helpful to remind homeowners that management works for the board, not the other way around.
Building Operations — Who’s the Expert?
Many times as a CMCA, I have been asked to provide a detailed explanation of how a heating system works. I’ve also had irritated board members who want me to provide free legal advice (without a license). I have even been asked to do a full inspection of the common elements and report to the board on how long they should expect major components to last (because after all, a reserve study was too costly).
While a professional manager often has a working knowledge of building components, property services, and association law, we are not licensed professionals in those fields. And really, you’re not supposed to be; that’s what licensed specialists are for. There are good reasons why we use a strong network of contacts to help us identify the best experts in each niche. This is simply the best way to address the unique needs of each association.
When you’re asked to do something outside your role — or your comfort zone — be sure to stand your ground and explain what part you’re actually supposed to play. Then find the right person to help.
Don’t Be a Hero
Sure, homeowners might seem like they expect you to be a superhero. However, don’t let that pressure you into realms that you really aren’t equipped to handle. As managers, our objective is to act as a trusted adviser and guide to the community, knowing who to go to for certain things. Not everything is part of your job description, so save the super suit for Halloween.
If there is a “super” associated with a community manager’s name, it refers to the level of commitment and dedication that they have toward their profession. No cape is required for that.
Ken Bertolucci is President of NS Management, a community association management company located in the north suburbs of Chicago. He often writes for industry-specific and news publications.
The scene was tense, with shouting, threats, and concerns about objects being thrown. Despite repeated pleas for quiet, anger and tension hung over the room. Menacing faces glared at the speaker in front of the head table. Is this a description of the latest episode of the Jerry Springer Show? No, just a dysfunctional association board meeting.
If you serve on the board of a condominium, townhome, or homeowner’s association you may have experienced such a chaotic event. This behavioral phenomenon occurs gradually over time, as homeowners and even some board members are not challenged and corrected on their behavior. Thus shouting, threats, and yes, even chair-throwing are considered acceptable actions.
It does not need to be this way. If your association has fallen into this rut, there are practical and essential steps to regain control.
Stop the disrupters
Provide the guidelines at the start of EVERY meeting. The board president of our best-run association opens each meeting with an announcement to this effect: “Before we start, I want to explain how we conduct the meeting. First, the Board will conduct our routine business. You are welcome to observe and take notes, but please hold your questions. When the business portion of the meeting is done, you will have an opportunity for comments and questions.”
The business meeting should follow a set format, such as the following:
-Call to Order
-President’s Report
-Approval of Minutes
-Treasurer’s Report
-Management Report
-Old Business
-New Business
After the conclusion of New Business, if there is no other business to conduct, the Q&A portion of the meeting begins. Again, best practice is to remind the homeowners of the guidelines, with instructions such as: “Now we will open up the meeting to questions from homeowners. So that everyone has an opportunity, please limit your comments and questions to 5 minutes. In addition, please state your name and unit address before you start your comments.” This provides more behavioral boundaries and stating their name and address also reinforces accountability for their comments.
Many associations also provide a time limit for the Q&A period, usually no more than 20-30 minutes, unless a controversial issue (i.e., special assessment) is being discussed.
To further emphasize the “board members only” comment rule during the business portion of the meeting, it is helpful to place the tables in front of the meeting room in a u-shape, so that the Board is facing each other and not directing their comments to the audience. The open end of u should face the audience, but they will only be addressed directly during the Q&A session.
The outcome
For associations that have grown out of control, it will take several reminders to enforce this behavior. It is important to be vigilant about enforcement and not allow out-of-turn comments. As stated before, the behavioral guidelines should be stated before EVERY meeting, since new homeowners will attend that are not aware of proper meeting behavior. Repeating the guidelines also enforces that the board is serious about enforcement and will not allow exceptions.
Finally, for homeowners who refuse to comply, even after a reminder, there is a simple process: (1) tell them that further disruptions will cause the meeting to be adjourned, and if they persist, (2) adjourn the meeting. If a disruptive homeowner still refuses to leave, call the police. Security may be required at future meetings until the guidelines are followed. Fortunately, this extreme step is seldom necessary.
If meeting behavior is not a problem for your association, be thankful. But if your meetings have grown out of control, this process will get them back on track. You never know, Jerry Springer may even be calling you for advice.
Ken Bertolucci is President of NS Management, a community association management company located in the north suburbs of Chicago. He often writes for industry-specific newspapers.
Selling your home can be a daunting process. There are so many steps to take before, during, and after the move. Here, we’ve broken down 8 of the most tried and tested tips to get your home showing ready and help you sell your house quickly.
1. Declutter
Whether you’re downsizing or not, moving is a great time to declutter. Eventually, you’ll have to pack up all of your belongings anyway so, to make the process easier in the long haul, decluttering your possessions is a great place to start. Not only will this make your move easier but, will make your home easier to clean for last-second showings and make your home feel more inviting. While the belongings of a previous homeowner obviously don’t come with the home, having a cluttered home makes it seem like you have disregarded other areas of the home and may leave potential buyers wondering what repairs are hiding underneath all the mess.
2. Depersonalize
When potential buyers are looking at houses, they want to be able to visualize themselves in the space as best as possible. Making the space look like a blank canvas that they could simply replace your furniture with theirs will make your home feel more appealing. This isn’t to say that you should take down every picture in your home, but it’s probably a good idea to remove the gallery wall of school photos, clear off the fridge, and take family photos out of the bathroom.
3. Empty and tidy your storage spaces
Going to an open house gives potential buyers permission to snoop. Realistically, they should want to check out the types of storage that come with the house – closets, built-ins, cupboards, etc. More storage is one of the highest-ranking factors that buyers are looking for in a home. By placing some of your clothes in storage or moving more of them to a dresser, you can make your closet look larger. Buyers will assume that you are a normal person like them so, if your closet is jam-packed with clothes, they will think that the closet is too small rather than your wardrobe is too big. The same goes for your kitchen cabinets: pair down the dishes you have and organize them so that they look neat and like you’ve just stepped into Pottery Barn.
4. Finish the projects you’ve started
Home improvement projects are often left 95% complete. Whether it’s changing out the knobs on the cabinets you're repainted or re-painting the baseboards after you’ve painted the whole interior of the house, these seemingly insignificant areas show up even stronger to potential buyers. Even though these small details may not seem worth the effort – I mean is some slightly painted floorboard going to make or break the sale? – just remember that buyers are looking for any reason to lower the price. So, just to be cautious, try to make every detail look perfect.
5. Brighten things up
Besides storage space, people want lots and lots of light! To make your home appear brighter, start by painting over any dark or excessively bright colored paint. While you don’t have to paint your entire house a stark white, painting your children’s room a neutral color rather than the bright orange preferred by a 6-year-old may make the room more appealing. Again, it’s all about the buyer being able to picture themselves living in your space. If the paint or wallpaper of a room is too specific to your use, they may not be able to imagine the room any other way. Next, you’ll want to replace your main light fixtures with bright, new bulbs and place accent lighting where it makes the room look the brightest. Finally, before the showing, open all curtains and blinds so that you can let in as much natural light as possible.
6. Simplify to make the space look bigger
Having a lot of stuff often requires a lot of furniture but, now that you’ve decluttered your whole house, some of your non-essential furniture, like bookshelves and side tables, may become obsolete. It would be a good idea to get rid of or put the pieces in storage. Not only will this help with the move, but removing pieces of furniture will make any room seem bigger. You don’t want to take out all the furniture or replace the master bed with a twin-size, but minimizing the amount of extra furniture will make your house appear larger and cleaner.
7. Clean up the curb appeal
The inside of your house is just as important as the outside. After all, the outside is the first thing that potential buyers will see and you want them to be excited from the moment they pull up. You don’t have to hire a landscaper but make sure that your grass is freshly mowed, any dead plants are discarded, and any existing landscaping isn’t overgrown. It’s not a bad idea to spruce up the paint on your front door and touch up any scratches or marks on the siding. Adding a small, simple seasonal decoration to your front door can make the house feel homier from the start.
8. Highlight the best parts of your house
Most homes aren’t perfect. There are more desirable parts and less desirable parts. To balance these, make sure you make the “bad” parts look as good as possible and the good parts really shine. For example, if you have a small kitchen sink button of counter space, make sure the sink is as clean as possible and free of clutter like sponges and dish soap. Then, for the counters, clear them off as much as possible so they look even more spacious. Highlight the best parts by making them appear even better and make the not-the-best parts of your home look as good as possible. Hopefully, this will strike a good balance that will keep buyers focused on the bigger picture of the whole house.
“If you are only looking for the lowest price, we are probably not the right choice for you.”
Without trying to sound arrogant or elitist, I have made this statement many times to prospective customers. While we may indeed end up having a lower price depending on who is the current provider and the other companies submitting bids, that is not our focus. We don’t want to win your business on price and be a vendor. We want to be your partner.
A vendor bids on your goods and services and both sides try to squeeze as much profit as they can from each other. A partner listens to your needs and proposes the best solution to address them. Dealing with a vendor is transactional. A partner wants a long-term business relationship, not a quick sale and quick exit.
Our company has many valued customers that have been with us for 15, 20, and even 30+ years. We know that sustainable business growth does not come from a few years of transactions and then a quick exit. We are looking for long-term relationships based on trust.
With a partner, trust is supreme. In his book The Speed of Trust Stephen Covey asserts, “the ability to establish, extend, and restore trust with all stakeholders – customers, business partners, investors, and coworkers – is the key leadership competency of the new, global economy. Leaders are rediscovering trust as they see it with new eyes. Looking beyond the common view of trust as a soft, social virtue, they’re learning to see it as a critical, highly relevant, performance multiplier.”
A Senior Vice-President of a Fortune 500 company once told me, “there are really only two kinds of suppliers- those you try to move the business toward and those that you try to move it away.” He meant that when you find a trusted partner, you look for opportunities to do more business with them. Even if the trusted partner makes a mistake, he/she gets the chance to explain and an opportunity to correct the problem. The vendor gets dropped.
Kristin Runyan, the technology blogger, describes another way to tell if you are dealing with a vendor or a partner. When a potential supplier is presenting options to you and you ask for their recommendation, they should not reply “‘well, that is really up to you.” Yes, you will make the final decision, but you want their opinion. You expect that they have other clients who have faced similar challenges and will have some expertise to share. That is why you invited them in to begin with.
Kristin further adds that a partner will share the pros and cons of several available options and brainstorm the best way to solve your problem. The more time they take to get to know your business and how to best implement their solution, the more of a partner they will be to you. In other words, when the question of “what do you recommend?” comes up, they answer it correctly.
As a provider of goods and services, the question you need to answer is this: do you want to be a vendor or partner?
For those unfamiliar with the basics of conducting annual meetings, there are some key terms to know:
A Quorum is the minimum number of owners who must be at a meeting before business can be transacted. State law sets the minimum percentage of owners that must attend in person or by Proxy (more on that later). It’s relatively low (20%), but many associations still have a tough time getting to it. It’s a common problem.
Meetings that don’t have a quorum must be adjourned and rescheduled at a later date. This costs the Association money and creates more work. And, achieving a quorum at a second meeting – if it wasn’t possible the first time – is even harder.
So, why bother to try again? Because the board is legally obligated to conduct an annual meeting. It’s an important part of conducting association business. During the annual meeting, new board members are elected, and (depending on the association’s fiscal year) the coming year’s budget is presented to the homeowners for approval. No quorum – no election, no budget. This means the current directors will have to continue serving until an election can be conducted.
The good news: owners can be “at” a meeting and across the country at the same time by signing a Proxy (there’s that word again). Using a proxy is how you assign your vote, in writing, to another homeowner. Proxies count toward the quorum, so they are very important to all associations.
A proxy is often confused with a Ballot, but they are not the same thing. A Proxy simply gives another party the right to cast a voting ballot at the annual meeting on your behalf. You can designate how you would like the proxy-holder to vote or let them vote as they choose. If you are attending the meeting you do not need to complete a proxy and you will receive a ballot at the meeting.
Because proxies are so important to achieving a quorum, you may experience board members knocking on your door, calling on the phone, or even stopping you in the common areas asking you to sign a proxy form. The board and management work hard to achieve a quorum. Without it, the association cannot conduct business, and that directly affects homeowners with the potential for higher costs and a less efficient and effective board.
There are a lot of moving parts in a community. There are the obvious ones, such as homeowners, their families, and the association board, and then there are the roles that might be a little misunderstood. One of those roles is the association (or community) manager. At NS Management, we thought our residents would like to know a little bit more about what we do – and don’t do.
An association manager has two main objectives. First, they ensure that the policies that are put in place by the board are carried out. Second, they manage the day-to-day operations in the community, including oversight of contractors, assessment collection, bill payment, and other associated services. Sometimes homeowners request involvement by association managers in matters they do not handle because they don’t know the proper responsibilities. Here is a quick summary:
-Association managers are specially trained to address issues involving a violation of association rules. We do not handle personal problems you are having with your neighbors unless they are violating a rule. Criminal activity should always be reported to the local police.
-Association managers are not members of the board, only advisors. They do not have the capacity to directly represent your concerns or override board decisions. Any concerns are better communicated to the board by attending a board meeting or sending a letter or email.
-While association managers do their best to get your questions answered, they are not necessarily experts on all building operations and legal matters. We rely on the experts, such as engineers and attorneys, to advise the board in making proper decisions.
-Routine maintenance issues can be reported to the office or sent via email. If you need basic information such as a form or a copy of the rules, please check the online portal first for a quick answer. Our website is nsmanagement.net.
-The association manager is the contractor’s monitor, not a supervisor. If there are problems with the performance of a contractor, such as a landscaper or a janitor, you can inform the association manager, but it is the board that decides how to take action.
-Association managers are responsible for inspecting the property, but their onsite visits are best supplemented by help from the residents that live there every day. Report any maintenance issues you observe so they can be resolved on a timely basis.
-The association manager does not have the authority to put rules and policies into place. If you want to make a change to an association policy, bring your concerns to a board meeting.
-If you need any technical advice, especially in the areas of legal matters, property taxes, and other non-association concerns, please contact the appropriate professionals. While the association manager is knowledgeable in many areas, they are not subject matter experts and cannot provide specialized advice.
-Finally, please understand that the association manager cannot personally be available 24/7. The only reason they would respond after-hours is due to an association emergency, which is either a threat to life or a threat to the property. There is a dedicated emergency line, monitored 24/7/365, for this purpose.