california edition» prop up wet furniture cushions for even drying. » remove wet area rugs or...

www.condomgmt.com VOLUME XX » NUMBER 223 » July 2010

CALIFORNIA EDITION

PUBLIshERMelanie L. Lange Mendez

PUBLIshER’s AssIsTANTPenny Lund

EDITORIAL sUPPORTAmanda Hall

CIRCULATIONCarlos Mendez

DEsIgN/LAyOUTRICHARDS PUBLISHING [email protected]

www.CONDOMgMT.COM

All articles appearing in Condo-Management reflect the opinion of the authors and not necessarily that of Papers Inc. or the editors. Acceptance of advertising in Condo-Management does not constitute an endorsement of the products or ser-vices. We encourage the submission of news, announcements, signed letters to the editor and articles for publication subject to space limita-tion and editing. CondoManagement seeks to provide a forum for the ex-change of ideas and opinions.

COPyRIghT 2010 ©by Papers Inc.CondoManagement is published by Papers Inc.

PREsIDENTMelanie L. Lange Mendez11345 398th StreetBagley, MN [email protected](888) 412-6636

» FINANCE

4 Implementing the reserve study The reserve study is done - now

what? By Les Weinberg, RS, MBA

A Reserve logging: how vital is it?

By Robert J. Petrisin

» MANAgEMENT

C Managing solo By Richard L. Thompson

E Job descriptions, FLsA and overtime pay By Clement Ross

»gENERAL VENDOR 2 Minimizing water and fire damage

in your property

By Rick Schutt

»MIsCELLANEOUs 5 Letter to the Editor

g National Correspondents’ Corner

15 Letter to the Editor - Manager’s Viewpoint

16 California Correspondents’ Corner

17 Ad summary

NewsletterTopic





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2 CondoManagement » California » July 2010

gENERAL VENDOR

minimizing water and fire damage in your property

Anyone who has ever experienced water or fire damage knows it is a nui-sance to clean up. However, by following these tips provided by certified disaster recovery and restoration experts, damage can be minimal. Have your homeowners follow these simple do’s and don’ts of water and fire damage cleanup.

Cleaning up water damage Do:» If the outside temperature is above 60 degrees, run dehumidi-

fiers if available.» If damage occurs during a cool season, leave heat on; if in sum-

mer, use an air-conditioner if available.» Use fans to circulate the air and assist drying.» Remove as much water as possible by mopping floors and blot-

ting furniture.» Wipe furniture dry.» Lift floor-length draperies off carpet, loop through a coat hanger and place the hanger on

the drapery rod.» Prop up wet furniture cushions for even drying.» Remove wet area rugs or other floor coverings.» Open drawers, closet doors and luggage to enhance drying.» Move photos, paintings and art objects to a safe, dry location.» Remove wet fabrics and dry them as soon as possible. Hang furs and leather to dry sepa-

rately at room temperature.» Remove damp books from shelves and spread out to dry.

Don’t: » Do not turn up the heat in areas affected by water damage. Doing so could promote

the growth of bacteria and mildew. Instead, attempt to stabilize the air temperature at 70º F.

» Do not use an ordinary household vacuum to remove water. » Do not use electrical appliances while on wet carpet or wet floors. » Do not go into rooms with standing water if the electricity is still on. » Do not lift tacked-down carpet without professional help. Lifting the carpet incorrectly

could promote shrinkage.

By Rick Schutt

» Do not wait to call for professional help. Water damage and bacteria growth can begin within hours.

Cleaning up fire and smoke damage Do:» Blow off or brush-vacuum loose soot particles from upholstery,

drapes and carpets. » Cover carpeted traffic areas with towels or old linens to prevent ad-

ditional soiling. » Discard open food packages; the food could be contaminated. » If electrical service is off, clean out your freezer and refrigerator.

Leave the doors propped open or place charcoal in the unit. » Send clothing with heavy smoke damage to a professional restora-

tion cleaner rather than a dry-cleaning company.

NewsletterTopicNewsletter

Topic


» Clean your home with mild alkaline solutions and rinse thoroughly to fight corrosion. If it is impossible to clean metal surfaces soon after the fire, then coat them lightly with oil to slow corrosion.

» In the kitchen and bathroom, clean Formica and chrome fixtures to prevent permanent tarnishing. Wipe residue from porcelain bath fixtures to prevent etching.

» Wipe the leaves of houseplants to remove smoke residue. » Change the air filter on your furnace if it uses forced hot air. » Tape cheesecloth over intake and outlet air registers to capture any loose soot in the air.

This is even more effective if the cheesecloth is damp.» If the outside temperature is above 60 degrees, air out the house to reduce smoke odor. » Call a professional, reliable restoration company as soon as possible to get expert advice

on proper and thorough cleaning procedures.

Don’t:» Do not attempt to wash any papered or flat painted walls without consulting your profes-

sional cleaner. Incorrect cleaning procedures could compound the soot residue problem. » Do not attempt to clean carpets or upholstered furniture. Again, incorrect procedures

could compound the soot problem. » Do not lift water-soaked carpet that is tacked down. Doing so could result in shrinkage

and make it necessary to replace carpet. » Do not use electrical appliances that have been close to fire or water before having them

checked. They could malfunction. » Do not use ceiling fixtures if the ceiling is wet. A short-circuit could result. » Do not touch anything. Soot on your hands can permeate upholstery, walls and woodwork,

causing further damage. » Do not eat food that has been exposed to fire or smoke. » Do not wait to call for professional help.

Everyone knows to react fast when a disaster strikes a building, but prompt action is also key for effective cleanup. The sooner the restoration work begins following a water or fire crisis, the more property can be salvaged. Following these do’s and don’ts will aid you in restoring your home to its condition before the damage. Remember, improper or incorrect cleaning can actually cause more damage and may result in added expenses.

Rick Schutt is a 30-year veteran of the insurance industry and currently is a California marketing director for the ServiceMaster Franchise Board.


CONTINUED ON PAgE 16

4

hooray – the reserve study is finally done! Now to find a drawer to file it in until the next reserve study update is due – just kidding! There are several things that can or must now be done. The following should serve as a general guideline:

FINANCE

implementing the reserve study

the reserve study is done - now what?

By Les weinberg, Rs, MBA

» Distribute the documents required by law: Per the California Civil Code (CCC), a sum-mary of the reserve study must be distributed not less than 30 or more than 90 days prior to the beginning of the fiscal year. If the study is for the 2011 calendar year, the last day for distribution would be December 2, 2010. And don’t forget to include the Assessment and Reserve Funding Disclosure Summary as well as the funding plan adopted by the board.

» Determine maintenance needs of the reserve components: The reserve study typically addresses replacement/major repairs of the components but what about their standard maintenance? Check that gutter and downspout cleaning, roof inspections, vehicle gate operator tune-ups, etc. are all provided for in the operating budget to ensure the reserve components will achieve their full lives.

» Consider replacement of reserve components with “0 years” estimated remaining life: Any component with zero years remaining means one of two things: either it is at the end of its typical useful life and can be expected to fail at any time (e.g., an entry intercom may still be functioning but is on borrowed time, and funds should be available for its replacement), or it is no longer functioning (e.g., painted surfaces of wood siding may not be flaking off, but it may have lost its ability to protect the wood, so deferring repainting will accelerate the degradation of the wood, leading to earlier replacement as well as necessitating additional preparation work).

» Obtain proposals for reserve components with “12 years” estimated remaining life: Avoid the need to accept a contract in a rush situation, and start the process early to check credentials, contact references and compare “apples to apples.” In conjunction, it would be wise to investigate alternate replacement materials. For example, there might be new roofing materials that initially cost slightly more than the existing roofing mate-

rial but would afford a longer life – thereby lowering the life-cycle cost (i.e., amount needed to be accumulated in reserves each year).

» Reconcile the reserve study documents quarterly: Per the CCC, a current reconciliation of the association’s re-serve accounts, as well as the current year’s actual reserve revenues and expenses compared to the current year’s bud-get (i.e., what’s in the reserve study), must be reviewed on at least a quarterly basis.

» Evaluate the reserve fund investments: Communicate with your financial institutions the schedule of reserve disbursements versus budgeted contributions to reserves to achieve the highest possible yield on the reserve fund. This will enable a reduction in reserve contributions nec-essary from the homeowners.


LETTER TO ThE EDITOR

CoNTINUeD oN PAGe 14

implementing the reserve study

the reserve study is done - now what?

By Les weinberg, Rs, MBA

My name is Russell Haight and I am respectfully submit-ting an article idea for your magazine. I currently sit on the board of directors for a 320-unit homeowners’ association in San Diego, Calif. During my tenure I have developed values about homeowner treatment that I would like to share with the many hardworking association directors that gain im-portant insight from your magazine. I am passionate about the equitable care of all homeowners, and have found that co-administering an association can be extremely complex. Certain homeowners have long-standing behavioral issues, while long-standing board members have certain attitudes toward homeowners. Some homeowners try to manipulate the system, while some board members try to manipulate the homeowners. In this ebb and flow of defining the line between homeowner autonomy and association authority, I have worked very hard to promote a set of principles geared to a humanistic approach, which has gratifyingly fostered growth within the board, encouraged progressivism when executing the CC&Rs and mended homeowner-board rela-tionships. Not only is this evidence of a beneficial thought paradigm, but also the outcomes I have experienced lend themselves to be a framework for presenting this topic.

Fostering growthOne of the most egregious offenses a board member can do is not promote a team environment. A fragmented board does

a disservice to everyone. In fact, one should really question their desire to be on the board if it originated in the neighbor’s

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�

CondoManagement » July 2010

POOls

finance

reserve logging:how vital is it?

A

What comes to mind when one hears the word “logging?” Do you think of:» Cuttingdowntrees?» Movinglogstoamill?» Lumberjacks?

» ThePacificNorthwest?» Thespottedowl?» Anamusementparkride?» Recordingsomethingofimportance?

CommonInterestDevelopments (CIDs) relyon the loggingofmanyitemsofimportanceincludingmonetarytransactions,butoneitemthatseemstoconstantlybeoverlookedisreserves.

Toassociationmanagement,loggingcompletedreserveitemssoundslikeextrawork–anditis!Butthatlittlebitofextraworknow,paysbigdividends laterwhenyour reservestudyconsultant requestsanup-to-datelistingofcompletedreserveitems.Morethanlikelyhewillneedtoknowinformationsuchastheyearcompletedandassociatedcostsincethelastreservestudytofacilitatethecurrentone.Reservestudyprofessionalsarereliantontheinformationcontainedinareservelogbookrecordedbyassociationmanagement.CIDsthatlacksuchabookmustcompiletheinformationbysorting

throughvastendlessmoundsofarchivedinformation,goingbackseveralyearswithnoguaranteeofcompletesuccess.Soundslikealotofextraworkforassociationmanagement–anditis!

EveryCIDshouldhaveor immediately instituteareserve logbooktoallowfortherecordingofcompleted reservecomponents.Historicaldatapertainingto themaintenance, replacement,restorationorrehabilitationofeachandeveryreservecomponentisthenpreservedforthefuture.Theinformationfoundwithinthelogbookcanbeeasilyprovidedorreviewedtofacilitatemanypurposesincludingthepreparationoffuturereservestudies.Asassociationmanagementchanges,thereservelogbookremainsintactwiththeCID.

Butwhatisareservelogbookandwhatinformationshouldberecordedinit?Thereservelog-bookisabookforrecordinghistoricaldatarelatingtothecommonareamajorcomponentsforwhichtheCIDhasdeterminedtoberesponsiblefor.Ataminimum,theinformationrecordedinthisbookshouldinclude:

» Thecompletiondate» Themajorcomponentcompleted» Adescriptionofthemaintenance,replacement,restorationorrehabilitation» Thedisbursementamount

Acopyofthecontractshouldalsobeincludedforadditionaldocumentationsupport.Asas-sociationmanagementchanges, the reserve logprovidespertinenthistoricaldatanecessary tostreamlinefuturereservestudies.

Whoshouldbethe“keeperofthebook?”Thesecretaryoftheboardorgeneralmanager(anon-sitemanagerofthedailyactivities)shouldkeepthereservelogbookinaself-managedCID.TherespectivecommunitymanagerorgeneralmanagershouldkeepthelogbookinaCIDthatemploys

every ciD should have or immediately institute a reserve logbook to allow for the recording of com-pleted reserve components.

ByRobertJ.Petrisin,RS

�

July 2010»CondoManagement B

afullservicemanagementcompany.Theboardofdirectorshastheultimateresponsibilitytoverifythatallpertinentinformationhasbeenrecordedcorrectlyintothelogbookandtoensurethatthelogbookisrelinquishedtotheproperauthorityuponterminationofanykeeper.

Reserveloggingplaysavitalroleinsimplifyingthepreparationoffuturereservestudies.ItalsoallowsforanimmediatereviewofhistoricaldatarelatingtoallcommonareamajorcomponentsfoundwithintheCID.

Getyourreservelogbookstartedtoday!

RobertJ.Petrisin,RS,ispresidentofStrategicReserves.

�

CondoManagement » July 2010C

management

managing solo

ByRichardL.Thompson

Whether due to rugged individualism, frugality or lack of viable alterna-tives, most homeowners’associationsareself-managed.Onemightsuspectthatmostself-di-rectedHOAsaresmallorlackingincommon-areaamenities,butactuallymanyarequitelargeandcomplex,thekindthatwouldtypicallyhaveprofessionalmanagement.Butwhatcausedthemtogosolo,andwhataresomeofthedynamicsofself-management?

AccordingtoThe Owner’s and Manager’s Guide to Condominium Management,“Forself-manage-menttobesuccessful,unitownersmusthaveplentyoftimeandexperience,andaprofessionalattitudetowardtheirwork for theassociation.Forexample, thetreasurermustunderstandac-

countingandbewillingtodevoteasignificantamountoftimetothemaintenanceofproperfinancialrecordsandtimelycollections.Thechairofthe landscapecommitteeshouldhavegardeningexperiencesothateitheralandscapecontractororagardenercanbeproperlysupervised.Iftheassociationisfortunateenoughtohavememberswhohavethethreemainattributes–talent,timeandconcern–self-managementmaybethebestchoice.”

Sizeofthedevelopmentisanimportantfactor.Althoughitshouldnotbetheultimatefactorindecidingtoself-manage,asoundcasecanbemadeforlimitingself-managementtoHOAsoffewerthan�0unitswithlimitedcommon-areaspaceandnorecreationalfacilities.ThelargerHOAshavemorework.Mostvolunteersdon’twantorneedanotherjob,particularlyanunpaidone.

Themainadvantageofself-managementiscost.However,ifthemotivationforadoptingself-managementispurelyeconomic,theboardshouldconsiderthatdecisionclosely.Itmakeslittlesensetosaveeachownerafewdollarsamonthinmanagementfeeswhenthevalueoftheirprop-ertymaydecreasebythousandsofdollarsasaresultofthatdecision.

Equally important is the question of who directs contractors, employees and volunteers.Supervisioncannotcomefromanownerwhosimplywantstobetheboss;itshouldcomefromapersonwithtimeandexperiencetooverseeworkperformance.

Theboardmustconsiderthelegalimplicationsofself-management,sincetheboarditselfisliableforitsdecisionsorindecision.Theboard’sresponsibilityistobothfellowownersandthegeneralpublic.Althoughmanygoverningdocumentscontainaholdharmlessclausethatseekstoprotectboardmembersfromlegalrepercussionsfortheiractions,thisdoesnotpreventtheirbeingsuedformismanagement.

Ifthemembersconsiderself-managementtobeanadventure,enthusiasmmaybehighenoughtobesuccessful.However,thatinitialenthusiasmusuallywanesasthedemandsonvolunteersincrease.Abreakdowninthevolunteersystemspellsdisasterforcontinuity.Also,considerthetworeallynastyaspectsofself-management:havingtoenforcerulesonorcollectingpast-duefeesfromyourneighbors.Suddenlytheneighborrelationshipbecomesamaster-servantrelationship,andneitherpartyenjoystherole.

Controllingone’sowndestiny inahomeownerassociation isa sea fraughtwith stormsandsmoothsailing.Undertherightsetofcircumstances,self-managementcanwork.Aslongastheapproachisprofessionalandbusiness-likewithapositive,affirmingattitude,itcanclick.Ifitisn’tclicking,considerthealternativesthatprofessionalscanoffer.

RichardL.ThompsonofRegenesis.netisanationallyrecognizedHOAexpert.UsedwithpermissionfromRegenesis.net

�

July 2010»CondoManagement D

�

CondoManagement » July 2010E

management

job descriptions, Flsa and overtime pay

for a manager with staff members, chances are the management company youwork for does not have a human resources departmentwith a compensation analyst. Buttypically,companieswithat leasttwothousandemployeeswillhaveanHRdepartmentwithacompensationmanageroranalyst.Thisisthepersonwhocreatesthejobdescriptionsandevalu-atesthejobtoassignapaygrade,salaryrangeandFLSAstatus.It’sfarmorecomplexthanmostcommunityassociationmanagersareinterestedin.

WhatifanemployeecallstheDepartmentofLabor(DOL)becausetheyweren’tgettingover-

timepay?IftheDOLinvestigatesandthemanagementisfoundatfault,notonlyistheovertimepayowed,butfinescanalsobelevied.Ifanemployeeearnsovertimewagesandisn’tpaidthem,theresultcouldbelitigation.Buthowdoyouknowifthepersonshouldhavebeenentitledtoovertime?

Headachescanbeavoidedwithsomebasicadvanceplanning.Thefol-lowingguidelinesarenotlegaladvicebutratherrecommendationsbasedonmyexperienceasacompensationanalyst.

Understand exempt versus non-exemptAll job descriptions should have a section clearly marked “FLSA Status.” The Federal Labor

StandardsAct(FLSA)occurswhetherthejobisexemptornon-exempt.Jobsfallintothreebasiccategories:hourlynon-exempt,salariednon-exemptandsalariedex-

empt.Exemptmeansnoovertime.Non-exemptemployeesreceiveovertimepayforhoursworkedabove�0hoursinaworkweek.Themaindifferencebetweenhourlynon-exemptandsalariednon-exemptisthathourlynon-exemptreceivesfewerbenefits.

Exemptpositionsaremanagersandprofessionals.Non-exemptpositionsincludesupportstaffsuchasreceptionist,officeassistant,administrativeassistant,maintenancetechnicianandjanito-rialpersonnel.

There’saslipperyslopewithasupervisorandateamleader;onemaybeexemptandtheothermaybenon-exempt.Ifapersonwritesoutaworkscheduleformaintenanceandjanitorialstaffandthescheduleisalreadyestablishedaccordingtoprocedures,thispersonmayactuallybenon-exempt.

“Officemanager”isanotheronetowatchoutfor.Doesthepersonmanagepeopleorstaplers?Iftheformer,it’smostlikelyexempt.Ifthelatter,it’snon-exempt.Theterm“manager”doesnotautomaticallymeanexempt.

SometimesamanagementcompanywillhaveapersonwithanMBAinaccountingworkingasabookkeeper,whichisnon-exempt.Typicallyanaccountantisexempt,butthekeyhereisn’tthequalificationsofthepersondoingthejob–it’swhatisrequiredbythejob.IfaPhDphysicistissweepingfloors,thepositionisnon-exemptregardlessofthedegreeoftheincumbent.

Ihadabossoncetellme,“Idon’thavetopayaninternovertimebecausehe’ssalaried.Weonlyhavesalariedandhourlyemployees.”Itoldhimtheinternissalariednon-exemptandyes,youdohavetopayovertimebecausehe’snotexempt.”HewasinviolationofDOLlaw.

Write a job description for each staff memberIftheDOLiscalledin,thefirstthingtheywillaskforiscopiesofallthejobdescriptions.If

youdon’thavethem,they’llaskhowyoudeterminedtheFLSAstatus.Asanassociationmanager,yourjobdescriptionsshouldbefairlyeasy.Herearethesections

thatyoushouldinclude:» Nature of the position–abriefstatementofthejobfunction.“Thecommunitymanager

willadviseand/orconsultwiththepresidentandboardofdirectorsand/ordulyautho-

ByClementRoss

�

July 2010»CondoManagement FCONTINuEDONPagEH

rizedrepresentativesonmatterspertainingtotheoperatingbudget,maintenancepolicyandmaintenancerequirementsforeachassociation.”

» Requirements – education, experience, licensure, specialized knowledge (Word, Excel,Outlook,orformaintenancestaffitcouldbeplumbing,electrical,useofpowerwashingequipment).

» Principle accountabilities–essentiallyatask list.Useverbsthatclearlyemphasizethenatureofthetask:plan,create,arrange,coordinate,negotiate,performandconduct.Forpositionsthataresupportive innature,emphasizetasksaredone“inaccordancewithestablished procedures and precedents.” The incumbentmay be an innovator, but thejobdescriptiondoesn’trequireinnovationtoperformthetask.Therewardforinnovationwouldcomeatperformancereviewandbonustime.Alwayshave“Othertasksasneeded”toavoidsomeonesaying,“It’snotinmyjobdescription.”

Rememberthatitiscriticaltostatewhatpercentageoftimewillbespentoneachtask.IftheDOLisreviewingajobdescription,thepercentageoftimeshownonthejobdescriptionwillbescrutinized.Weusedtocallitthe80/�0rule:“Ifanincumbentspendsmorethan�0percentoftheirtimeusingjudgmentanddiscretion,thepositionmustbeclassifiedasEXEMPT.”TheDOLwillbeveryconservativeintheirinterpretationofexemptornon-exempt,buttheywillbelookingforajobdescriptionthat’sbeenclassifiedasexemptwhenitshouldhavebeennon-exempt.Ifyouhaveanassistanttothemanager,it’snotthesameasanassistantmanager,whomaybeexempt.Ifanassistanttothemanagersimply follows procedures,thepositionwillmostlikelybe non-exempt and the in-

cumbentqualifiestoreceiveovertimepay.

Update job descriptionsannuallyduringperformanceevaluation. Duties changea lot over the course of ayear.

comp time is a mythActivities directors are

typically exempt becausethey spend far more than�0percentoftheirtimeus-ingjudgmentanddiscretiontoplan, stage,executeandhost events. They’ll worklong nights and weekends,and document “comp time”thattheybelievetheyhavecoming to them. But knowthat there isno such thingascomptimeexceptthatitisapractice–non-recordedand not reported. If an ar-rangementismadeallowingcomp time, avoid keepingrecordsaboutit.Recordsofcomptimecanonlyleadtotrouble.

8

CondoManagement » July 2010G

natiOnal cOrresPOnDents’ cOrner

Professionals earn cmca credential

TheNationalBoardof Certification for CommunityassociationManagers (NBC-CaM)grantedcredentials to266professionalswhoearnedtheirCertifiedManagerofCommunityassociations(CMCA)credentialbetweenMarch1andJune�0,�010.

TheCMCasignifiesthatamanagerhaspassedNBC-CaM’snationalexamandmettherequire-mentsformanagingcondominium,cooperativeandhomeownerassociations.Morethan10,000professionals have earned CMCa certificationsincetheprogramwascreatedin199�.

ToobtainCMCacertification,managersmustcomplete and pass a prerequisite course oncommunity association management or fulfilltheexperiencerequirement,andpasstheNBC-

CaMCMCaexamination.CertifiedmanagersmustadheretotheCMCaStandardsofProfessionalConduct and take continuing education courses for recertification. CMCa recipients who don’tcomplywiththeCMCAStandardsofProfessionalConductaresubjecttodisciplinaryaction,uptoandincludingsuspensionorrevocationofthecredential.

With thedramatic increase in association-governedhousing, there is an expandedneed foreducationincommunityassociationmanagement.ThenumberofassociationsintheUnitedStateshasgrownfrom10,000in19�0tomorethan�00,000today.

ThefollowingmanagersinCalifornia,Florida,MinnesotaandNewEnglandreceivedtheirCMCabetweenMarch1andJune�0:

california:Kelly avery,Lincoln;Deirdre Bitting,Temecula;maureen coobatis,Vista;rebecca Dutton, Corona;sandra feistel,Mission Viejo;Donna ferrell, LosAngeles;James ferrin,Sacramento;george ghally,RanchoMirage;sharon Harding,Temecula;mark Harrison,LaHabra;roger Hatlen,Tustin;Kendra Hensley,LaMesa;

ariel Hess,LosAngeles;maryanne Hurley,SantaAna;marcella Hvinden,RanchoSantaMargarita;alex Hwang, Cypress; erin maurer, San Diego;lori mcchesney, Frazier Park;ronald mestaz,Sacramento;Wilfredo navarro,LosAngeles;nancy nelson,Copperopolis;Peter newbre,LagunaNiguel;Barbara Parsons,LagunaNiguel;eryn sisk,Anza;alexandria spargo,Torrance;Brindy spencer, El Cajon;michael sukey, Redondo Beach;alisa toalson, Chino;christine toburen,Corona; nadia Vaughan, Newport Beach; Janet Wagner, San Diego; Jeremy Wilson, WarnerSprings

florida: reina aguilar,Miami;lori anderson,DeerfieldBeach;rafael aquino,Miami; lisbeth Bustin, Coral Gables; mary cerciello, Hollywood; Kathy clark,Apopka;Karen cummings,Sebring;Daniel Daly,LynnHaven;robert Dolson,DelrayBeach;Judy Drago,Hollywood;Katia ettus,Hallandale;skarley guerrero,Miami;

Kristina gustinger,Islamorada;robert Johnson,Davie;robert lane,Navarre;edwin latalladi,Wellington;Hedy maurer,PembrokePines;robert mclellan,RoyalPalmBeach;Jeff mitchell,Naples;amanda Orlando, New Smyrna Beach; Johnny Pagan, Miami; erika rosa-turner, PortSaintLucie;carol shier,SaintPetersburg;george skrbin,HallandaleBeach;Kathleen southards,PompanoBeach;glenda stephens,PanamaCityBeach

minnesota:michele chapman,Minneapolis

new england: sarah flannigan,Cranston,R.I.;noushig Hagopian,Lexington,Mass.;John Kells,StrattonMountain,Vt.;robyn mcnicholas,Merrimack,N.H.;leslie Palos, White River Junction, Vt,; Debra Quinlan, Quincy, Mass.; robert reisch,Natick,Mass.;francis santos,Pepperell,Mass.;charles snyder,Natick,Mass.;Peter

Westhaver,Canton,Mass.

9

July 2010»CondoManagement H

Physical Demands / Work environment(ADACompliance)

Pleasechecktheactivitiesthatapplytothispositionandtheirleveloffrequency.

Activity–quantityof timespentperformingthefollowing:

NeverOr

N/a

Rarely Occasionally Frequently Consistently

Standing XWalking XSitting XPushing XPulling XClimbing XStooping XKneeling XReaching XManualDexterity XUseofHands XTalking XLifting–under�0lbs. XLifting–over�0lbs. XHearing–normalconversation XHearing–othersounds XVision–Acuity,near XVision–Acuity,far XVision–Colorvision X

Work environment:

Office:Clean,noiselevelisusuallyquiet.

Pool:Normalnoiselevelsaswouldbeexpectedfromacommunitypool.

Grounds:Mostlysoddedareas,retentionponds,preserve/wetlandareas.

(Towhatistheemployeeexposed,e.g.,dust,noise,etc.)

authorizationPreparedBy: ApprovedBy:

Signature: Signature:

Name: Name:

JobTitle: JobTitle:

Date: Date:

Job descriptions, flsa and overtime paycOntinUeD frOm Page f

things to avoid at all costs.“Idon’twanttopayhimovertimesoImadethepositionexempt”or“Myassistantlikesbeingexemptforthestatusand

egostroke.”TrynottogetacallfromaDOLinvestigatororanattorneywhenyoudon’thavewrittenjobdescriptions.Lastly,whenindoubt,consulttheassociation’sattorney.

ClementRossisamanagerwithSouthwestPropertyManagement.


Letter to the EditorCONTINUED FROM PAgE 5

garage while talking about the need for stubbornly radical changes. Understand that a system in extreme change is unpre-dictable, and that to maintain calculated and progressive reform we must promote the ideas of our fellow board members as well. This is done through professionalism and respect, even when we disagree with their opinion. One board member should not be the single custodian of an association. This internal balance of collaboration will certainly begin to reflect in an external partnership of homeowner and association.

CC&RsThe focus of governance should maintain homeowner advocacy as central to an association’s priorities. People give up

rights when they choose to live in an association, and it is the fundamental responsibility of the board of directors to up-hold the remaining rights provided for individual homeowners. So often our CC&Rs outline restrictions to homeowners but fail to illustrate how the board of directors must be advocates for homeowner rights and enjoyment of property. Community associations are largely self-regulated, and a simple Internet search reveals the overwhelming negative sentiment of people toward them, raising question to why we have such opposing contention with so many tremendous advantages to the struc-ture of a micro-government. It is conceivable to believe it really just comes down to human dynamics – the adage of good in theory but not in practice – which in turn substantiates the necessity for a focus on values and organizational reflec-tion. Consider the stress of homeowners that have very real issues and may be dealing with an obstinate board catalyzed by the cohesion of a deep-seated majority vote. This is even further crystallized by the anonymity of collective decisions; in other words, “the board voted to do it” is commonly stated to dissatisfied homeowners. Contrary to this state of affairs, as individual board members we need to be personally accountable for our decisions. There is an obligation to be mindful of the objectives of our CC&Rs as well. Commonly referred to as the “letter vs. spirit” debate, we need to critically think about the intent of the regulations we are enforcing rather than just the literal sense. In fact, known as gaming the system, “intentionally following the letter of the law” is considered a form of oppression by “exploiting technicalities.” In short, we should undertake the rewarding opportunity to flex our ethical might in the free-form liberal sense of entrusted justification through the value of beneficence.

homeowner-board relationshipFrequently I have heard from former board members that, in so many words, a specific homeowner “has been a nightmare

to deal with.” The common theme is that they violate rules and are the first to point out when it seems the association has wronged them. However, we fail to evaluate what the organization may be doing to perpetuate the issue. The associa-tion certainly cannot dictate homeowners’ behavior, but we can definitely inspire it. Herein lies the crux of association principlism: Where most attempt to manipulate behavior through violation procedures and coercive fines, we can inspire it by sharing with them the partnership that an association has to offer. Everyone responds differently to perceived abuse, ultimately transcending into stressors, and this mechanism of negligence can become a source of long-term homeowner behavioral issues. If we eliminate this possible contributing factor, we may get better compliance and fewer disputes over individual accountability to the regulations. If we must escalate to enforcing compliance with the regulations, we can rest assured that we did everything right by the homeowner rather than contribute to what is likely immature rebellion as a result of feeling wronged. By maintaining an unconditional positive regard – empathy – we begin to realize that the way an unruly homeowner is treating us is more a reflection of them than it is us.

The major issue is finding a foundation of basic values for board members when dealing with complex subjective issues.

The plan would be to adopt some or all of these principles to use as tools from our individual tool boxes in handling these issues. The way to implement this is by putting homeowner advocacy central to the association’s priorities and inspiring through the principle of beneficence.

Very Respectfully,Russell Haight

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». Focus on the documents – Equal enforcement is crucial to success. It is the role of the board to uphold the documents that each owner signed when they purchased within the community in order to preserve the property values. However, it is equally important to make sure that the documents are reasonable and fair. The test of reasonableness should always be considered. The board is appointed to preserve the community, and the goal should always be for the good of the community, and respect and the rights of the owners and tenants should always be considered. A kind and simple approach to asking someone to correct a problem is usually met with more willingness to comply than a rude, negative approach.

» Foster good communications and relationships – Have you ever heard the saying, “What you don’t know won’t hurt you”? Well, in the world of community associations, what people don’t know can hurt the reputation of the board or sometimes homeowners. Assumptions cause problems. When the board works to communicate with the owners, the association can function more smoothly. Hosting a community website, publishing a newsletter, posting minutes and talking about what is happening is key. When an owner

Running a successful association involves many factors. You have the administrative factor and the financial factor, but what people often find the most challenging – sometimes I’ve heard the word “draining” – is the people!

An easy way to lessen frustration when working with your association’s people is to remember three simple steps to success.

» Work as a team – Keep the main goal in mind. Whenever a board meeting begins to get out of control, ask yourself this question: “Am I working to maintain, protect and enhance the property?” Sometimes just thinking about this simple statement can take you back to the purpose of why the board exists in the first place, and why you serve on the board. I have seen a board add owners that have an individual agenda or a desire to change everything about how their community operates. In some cases, these individuals are elected to the board without even a history of why decisions have been made or any knowledge of the docu-ments that govern the association’s decisions. Rule number one is to listen to all sides of the story before drawing a conclusion, have good, honest dialogue and vote. Once the majority makes a decision, move on.

LETTER TO ThE EDITOR - MANAgER’s VIEwPOINT

By Eleanor Hugus

is accused of wrongdoing, don’t rush to snap judgments; there are usually two sides to every story. Listen to understand. It really can work wonders, and your community can become the peaceful and harmonious neigh-borhood in which you’ve always wanted to live.

Eleanor Hugus is CEO of N. N. Jaeschke Inc., an Associa Company in San Diego, Calif.


» Note potential adjustments for the annual reserve study update: Review the component inventory in the reserve study with respect to repairs/replacements of any components recently completed or anticipated to be done soon. The time for updating the study will be here before you know it!

Besides being required by law, reserve studies can really be a beneficial tool to be used throughout the year for sav-ing community associations’ money as well as headaches. And in addition to the information required to be disclosed by

The reserve study is done...CONTINUED FROM PAgE 4

law, many reserve providers will include useful schedules in the reserve study for this specific purpose. So keep the current study handy – perhaps in a top drawer or better yet in a PDF file on your computer – and don’t hesitate to contact your reserve provider for further information.

Les Weinberg is a managing partner of Reserve Studies Inc.

CALIFORNIA CORREsPONDENTs’ CORNER

New Contracts & AwardsCongratulations to: Awarded contract For: Location #/UnitsProfessional Community Management of California Inc., (PCM)

Blue Lagoon: Laguna Beach 119 Canyon Crest: Corona del Mar 42 Connemara Community Association: San Juan Capistrano 80 Coral Gardens: Mission Viejo 335 glenwood Master: Aliso Viejo 318 Harbor Station: Aliso Viejo 184 Lakeshore Villas: Oceanside 150 Monterey: Irvine 78 Monterey Villas: Santa Ana 272 San Joaquin Hills: Laguna Niguel 850

Professional Community Management of California Inc. (PCM) announced that Patty LaBar, CCAM, has been promoted to the position of director of property management. With more than 15 years of experience on PCM’s management team, LaBar brings extensive leadership and organizational expertise to her new position.

As director of property management, LaBar will be responsible for the growth of PCM’s commercial as-sociation portfolio as well as supervision of residential community associations. Before her promotion, LaBar worked most recently as a senior manager for PCM.

“Patty has the experience and understanding to uphold and build the PCM standard of excellence in cus-tomer care and customized management solutions,” stated Donny Disbro, chief executive officer. “She has been a strong contributor to our team and we are pleased to extend her a greater role of leadership within our company.”

By Patty LeBar

LaBar holds Bachelor of Arts in Communications from the University of San Diego. In addition, she has received the designation of CCAM from California Association of Community Manager and is pursuing Certified Property Management designation from the Institute of Real Estate Management. She has also been honored with the Spirit Award by the California Association of Community Managers.

PCM announces LaBar new director of property management

Cardinal Property Management Inc., AAMC/CMF (800) 400-6686

south County:22471 Aspan street, suite 101Lake forest, CA 92630(949) 470-0120Fax (949) 470-0122

Corporate:1290 N. Hancock Street, Suite 103Anaheim, CA 92807(714) 779-3400Fax (714) 779-3400


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we stress the importance of effectivecommunication between the boardof directors that have an awesome fiduciaryresponsibilitywiththeirprofessional managers and vendors

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