Although the recent rains have brought us much relief, it is only February and our reservoirs need to supply us through the summer and into the next winter. Lake Sonoma and Lake Mendocino us the Russian River and Dry Creek as conveyance systems to distribute water to the utility companies that service us. According to a recent study by the Sonoma County Water Agency, our reservoirs are currently at around 67,000 acre feet and need to be around 90,000 acre feet to make it through the year. Water use in Santa Rosa has been averaged at about 56 gallons per user (home or meter) per day and we need to set a goal of 30 gallons per user per day.
To conserve water effectively, we have to make smart water use a way of life, not just a short term sacrifice. Talking to your county and city agencies, your landscapers and other professionals is a great way to start. They can let you know of rebates for installing low use utilities such as toilets and dishwashers. Removing grass and looking for more drought tolerant landscaping solutions can assist in long term savings and should be done by a licensed and insured professional. Adopting habits as simple as shutting off the water while brushing your teeth and not letting the faucet run and catching shower water as it heats up to water your plants with can make big changes to your personal conservation.
There are many organizations out there that have great information on the drought, conservation and rebates available. Here are just a few:
http://www.savingwaterpartnership.org
http://www.sonomacountywater.org
http://www.wateroff.org
http://www.dsireusa.org
Thursday, February 19, 2015
Monday, March 24, 2014
Drought On - Water Off
On January 17th, Governor Brown declared a state-wide drought, which includes our region of Mendocino, Sonoma and Marin Counties. As the General Manager of the Sonoma County Water Agency, Mr. Grant Davis explains in the video below, Governor Brown has asked for a 20% cutback in water use for everyone in California. As Community Managers for common interest developments, we are in a unique position to make a huge impact in water conservation. There are many ways that residents can cut back on personal use from making sure the dish and clothes washers are full when they are run, to turning off the faucet while you brush or wash your hands.
For associations, common area landscaping is where most of the water is being used, and effecting this area can be expensive. It is important to talk to your landscapers, legal counsel and other experts when looking for ways to cut back. Landscape renovation can pay off in the long run, but can be costly to implement. Many of the city websites have Return On Investment (ROI) calculators to help you see the savings and weigh this against the cost. Replacing clubhouse toilets with ultra efficient toilets may save over 5,200 gallons a year. Covering the association pool can save as much as 85% on heating, gas, electrical and chemical bills and will reduce evaporation by as much as 93%. For more ideas, check out the following websites:
http://www.savingwaterpartnership.org/
http://saveourh2o.org/
For associations, common area landscaping is where most of the water is being used, and effecting this area can be expensive. It is important to talk to your landscapers, legal counsel and other experts when looking for ways to cut back. Landscape renovation can pay off in the long run, but can be costly to implement. Many of the city websites have Return On Investment (ROI) calculators to help you see the savings and weigh this against the cost. Replacing clubhouse toilets with ultra efficient toilets may save over 5,200 gallons a year. Covering the association pool can save as much as 85% on heating, gas, electrical and chemical bills and will reduce evaporation by as much as 93%. For more ideas, check out the following websites:
http://www.savingwaterpartnership.org/
http://saveourh2o.org/
Tuesday, December 17, 2013
Giving Back
Each year around this time, Steward Property Services closes the office for a day and our employees transform into holiday elves, spreading cheer to the local non-profits of Petaluma. This year, our staff chose the organizations, Christmas Cheer, COTS (Committee on the Shelterless), and the Petaluma Animal Services Foundation.
We met in the office at 9am sharp and divided into teams to shop for these charitable organizations that do so much good in our local community. Each team was given the same amount of funds and a wish list from each organization detailing the products they needed most. The teams then jumped into their cars and took off to grab as many of these items as possible. The result was overwhelming.
Christmas Cheer needed toys for children 8-12 years of age, whose families may need a little help with presents this year. COTS needed toiletries like razors, soap and tooth brushes, and also blankets, clothes and healthy snacks. The Petaluma Animal Shelter needed canned food, pet toys and kitchen and bath supplies. Our teams were incredibly successful at finding sales and asking store managers for discounts so that they were able to bring in over $3,500 in donations to all three organizations.
The second part of the day, which we started last year, is called "Random Acts of Kindness." Each group was given a small amount of money to help out individuals in need, any way that they wanted too. Some groups bought sandwiches and blankets and handed them out to needy people on the street. Some found families shopping for gifts on a limited budget and helped them out. One group even found a homeless man who shared a story about wanting to call family, but not having a phone, so they bought him a small pay-as-you-go phone and some minutes to use and gave him a small monetary donation to help with his needs.
Every year we do this, I am amazed by the generosity and holiday spirit of our employees. Holiday Elf Day is the highlight of our entire year. Thank you to every one of our staff members who helped make this another successful expedition. It feels so good to give back!
We met in the office at 9am sharp and divided into teams to shop for these charitable organizations that do so much good in our local community. Each team was given the same amount of funds and a wish list from each organization detailing the products they needed most. The teams then jumped into their cars and took off to grab as many of these items as possible. The result was overwhelming.
Christmas Cheer needed toys for children 8-12 years of age, whose families may need a little help with presents this year. COTS needed toiletries like razors, soap and tooth brushes, and also blankets, clothes and healthy snacks. The Petaluma Animal Shelter needed canned food, pet toys and kitchen and bath supplies. Our teams were incredibly successful at finding sales and asking store managers for discounts so that they were able to bring in over $3,500 in donations to all three organizations.
The second part of the day, which we started last year, is called "Random Acts of Kindness." Each group was given a small amount of money to help out individuals in need, any way that they wanted too. Some groups bought sandwiches and blankets and handed them out to needy people on the street. Some found families shopping for gifts on a limited budget and helped them out. One group even found a homeless man who shared a story about wanting to call family, but not having a phone, so they bought him a small pay-as-you-go phone and some minutes to use and gave him a small monetary donation to help with his needs.
Every year we do this, I am amazed by the generosity and holiday spirit of our employees. Holiday Elf Day is the highlight of our entire year. Thank you to every one of our staff members who helped make this another successful expedition. It feels so good to give back!
Mark, Linda and Jessica, turning in goods for Christmas Cheer.
Wednesday, December 4, 2013
A New President
Moving into 2014, our founder and CEO, Ms Helen Loorya, is stepping off of the front lines and allowing Mr. Jeff Farnsworth to grab hold of the reigns and take her vision for Steward Property Services into the future. Mr. Farnsworth was promoted from Vice President/ General Manager to President of the company this month and is very excited to continue the same level of excellence that has earned SPS the reputation as the best Association Management company in Northern California.
Mr. Farnsworth shares this vision with his wife, Mrs Jennifer Farnsworth, who is currently the Chief Financial Officer for SPS. Ms Loorya will remain Chief Executive Officer and plans to continue working with our staff and local communities in a more advisory position. Mr. Farnsworth will be driving new business and encouraging the positive growth of the company.
As a family owned and operated, local business, Steward Property Services follows the motto that "Your Home Is Where Our Heart Is.®" We have always distinguished ourselves from our competition by offering the highest level of professionalism with a sensitivity to the preservation of community values and respecting above all else that this is your home. We honor the fact that you have invited us into your home and hope to assist your Board of Directors in managing your community to best of our ability.
Monday, November 11, 2013
A Smile May Be the Best Present of All
The holidays are upon us. At Steward, each year we participate in the Human Race to raise money for local non-profits like COTS (Committee on the Shelterless) and Petaluma Hospice. In December, we split into groups and shop for local charities that need donations of food or gifts for children.
Last year, we started a "Random Acts of Kindness" exercise, where one of our tasks as a group was to use a certain amount of cash to do something nice for someone else. We left it open for interpretation. One group gave it all to a homeless man and his dog. Another bought food and coffee for the local firemen and women. Another bought sandwiches and water and gave them to random homeless all over Petaluma. One group was shopping in K-Mart for a charity and met a woman crying in the aisle because she did not have enough money to buy a gift for each of her kids. They gave her some money and she gave them a smile and a hug that were priceless.
It's good to give back any time of the year. We're all in this together, and if we know anything from 22 years of service, it's that everything comes back around. You truly get in life what you give. If you look up from your smartphone for just a moment and channel some empathy for another human being who may be having a hard time, you can make a difference in someone's life.
We are all met with challenges from the moment we wake to the moment we go to back to sleep. Often times, we are all one choice away from a disaster. There are many ways to give back, and it does not have to be financial. Try making eye contact with someone as you pass them on the street and say, "Hi." Or maybe just muster up a smile. That one gesture could make someone's day who may have, for a moment, lost faith in the goodness of others, or even in themselves. Every day, the news brings stories of people taking advantage of each other. A smile can shatter some of the selfishness in the world. It can show that we are strong and that we believe in each other. That we believe in something bigger than ourselves.
Call it what you want, but it feels good to give. It feels good to brighten someone else's day. Try smiling at a stranger. You may get one back.
Last year, we started a "Random Acts of Kindness" exercise, where one of our tasks as a group was to use a certain amount of cash to do something nice for someone else. We left it open for interpretation. One group gave it all to a homeless man and his dog. Another bought food and coffee for the local firemen and women. Another bought sandwiches and water and gave them to random homeless all over Petaluma. One group was shopping in K-Mart for a charity and met a woman crying in the aisle because she did not have enough money to buy a gift for each of her kids. They gave her some money and she gave them a smile and a hug that were priceless.
It's good to give back any time of the year. We're all in this together, and if we know anything from 22 years of service, it's that everything comes back around. You truly get in life what you give. If you look up from your smartphone for just a moment and channel some empathy for another human being who may be having a hard time, you can make a difference in someone's life.
We are all met with challenges from the moment we wake to the moment we go to back to sleep. Often times, we are all one choice away from a disaster. There are many ways to give back, and it does not have to be financial. Try making eye contact with someone as you pass them on the street and say, "Hi." Or maybe just muster up a smile. That one gesture could make someone's day who may have, for a moment, lost faith in the goodness of others, or even in themselves. Every day, the news brings stories of people taking advantage of each other. A smile can shatter some of the selfishness in the world. It can show that we are strong and that we believe in each other. That we believe in something bigger than ourselves.
Call it what you want, but it feels good to give. It feels good to brighten someone else's day. Try smiling at a stranger. You may get one back.
Tuesday, July 23, 2013
What Does a Community Association Manager Actually Do?
Often times, in our industry, the role of the community association manager is misunderstood. Many homeowners that we speak to on a daily basis think that the management company controls the Board of Directors and that we make the decisions that govern their communities. They have expressed the opinion that we hire the vendors and that we enforce the Covenants, Conditions and Restrictions (CC&Rs). Some homeowners are unaware that the Board of Directors are made up of residents in their community, not employees of the management company. So what are we and what the heck do we do?
Here at Steward Property Services, we follow the motto that, "Your Home is Where Our Heart Is." We are not here to tell you how to live. We are here to assist your Board of Directors with making the most informed decisions possible, in order to protect, preserve and enhance your common areas. We serve at the pleasure of your Board of Directors. Your Board is, for most communities, made up of owners within your own neighborhood. Members of the association, just like you. They are unpaid volunteers who have stepped up to help run the association, most with the goal of improving the quality of life within the community and preserving or improving upon property values.
Most residential common interest developments are created because local government is unable to take on the maintenance of some of the components within the project. An association is then created to spread these maintenance responsibilities among the membership. The developer works closely with the Department of Real Estate (DRE) and the City to create a budget that satisfies their requirements for the project. These "common area" components may be as simple as a shared street or picnic area, or as complex as in a condominium development where the association owns and maintains the structure itself, the landscaping outside and around the complex, and even the lights, streets and sidewalks. These shared components are called "common area." Many communications from the association will mention this "common area" and it is important to understand which components are your responsibility as an owner, and which are that of the association. Reading your governing documents will assist in this, but better yet, you can usually call your Community Association Manager who probably knows these documents inside and out.
"The Association" is a daunting name for an incorporated community, but due to the financial structure needed to manage and maintain these common area components, the entity that most would call a neighborhood, is legally defined as a corporation (there are variances from this such as an unincorporated association). This entity is your "association" and is run by your Board of Directors, whom the membership elects. The Board of Directors employs a management firm such as, Steward Property Services, to help facilitate the administrative needs that they do not have time for, or that they need additional support and assistance with. A good management firm can also help your Board keep up with all of the changes in legislature that effect common interest developments.
Management companies wear "the black hat" for your Board of Directors. We are the ones who act as a buffer between the membership and the Board, and we are paid to do so. Especially when it comes to handling late payments or enforcing the CC&Rs. A good management company will encourage their clients to communicate as often and as clearly as possible. This may be done through an association newsletter, or email communications, among other methods of communication. It is to your advantage to read anything that comes from your association, the management company, or your Board of Directors. The obligations to abide by the CC&Rs become every owner's responsibility upon close of escrow. Once your name is recorded on the grant deed, you become bound by the governing documents of the association.
A good management company is always available to help. We are here to answer your questions and to bring your concerns or requests before your Board for approval or comment. We enjoy our interaction with our local communities and want to help you become more knowledgeable about the community you live in. Please use us. If there is one thing we have learned in the 22 years we have been in business, it's that every association is different. We are here to help you find the answers, or to direct you to someone else who can.
Here at Steward Property Services, we follow the motto that, "Your Home is Where Our Heart Is." We are not here to tell you how to live. We are here to assist your Board of Directors with making the most informed decisions possible, in order to protect, preserve and enhance your common areas. We serve at the pleasure of your Board of Directors. Your Board is, for most communities, made up of owners within your own neighborhood. Members of the association, just like you. They are unpaid volunteers who have stepped up to help run the association, most with the goal of improving the quality of life within the community and preserving or improving upon property values.
Most residential common interest developments are created because local government is unable to take on the maintenance of some of the components within the project. An association is then created to spread these maintenance responsibilities among the membership. The developer works closely with the Department of Real Estate (DRE) and the City to create a budget that satisfies their requirements for the project. These "common area" components may be as simple as a shared street or picnic area, or as complex as in a condominium development where the association owns and maintains the structure itself, the landscaping outside and around the complex, and even the lights, streets and sidewalks. These shared components are called "common area." Many communications from the association will mention this "common area" and it is important to understand which components are your responsibility as an owner, and which are that of the association. Reading your governing documents will assist in this, but better yet, you can usually call your Community Association Manager who probably knows these documents inside and out.
"The Association" is a daunting name for an incorporated community, but due to the financial structure needed to manage and maintain these common area components, the entity that most would call a neighborhood, is legally defined as a corporation (there are variances from this such as an unincorporated association). This entity is your "association" and is run by your Board of Directors, whom the membership elects. The Board of Directors employs a management firm such as, Steward Property Services, to help facilitate the administrative needs that they do not have time for, or that they need additional support and assistance with. A good management firm can also help your Board keep up with all of the changes in legislature that effect common interest developments.
Management companies wear "the black hat" for your Board of Directors. We are the ones who act as a buffer between the membership and the Board, and we are paid to do so. Especially when it comes to handling late payments or enforcing the CC&Rs. A good management company will encourage their clients to communicate as often and as clearly as possible. This may be done through an association newsletter, or email communications, among other methods of communication. It is to your advantage to read anything that comes from your association, the management company, or your Board of Directors. The obligations to abide by the CC&Rs become every owner's responsibility upon close of escrow. Once your name is recorded on the grant deed, you become bound by the governing documents of the association.
A good management company is always available to help. We are here to answer your questions and to bring your concerns or requests before your Board for approval or comment. We enjoy our interaction with our local communities and want to help you become more knowledgeable about the community you live in. Please use us. If there is one thing we have learned in the 22 years we have been in business, it's that every association is different. We are here to help you find the answers, or to direct you to someone else who can.
Thursday, April 4, 2013
Petaluma Takes a Stance Against Smoking
On January 28, 2013, the City of Petaluma passed a "no smoking" ordinance that will no doubt have tremendous impact on condo associations. Many other cities have or are also considering this type of legislature. Here is a bit of the information coming down the legislative pike in Petaluma:
The Petaluma Municipal Code is current through Ordinance 2451 and legislation passed through January 28, 2013. (Ord. 2449 NCS §1 (part), 2013.)
Disclaimer: The City Clerk's Office has the official version of the Petaluma Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Telephone: (707) 778-4360. City Website: http://www.cityofpetaluma.net/
(Below is just a portion of the ordinance that was passed.)
Smoking 8.20.040 Prohibition of smoking in public places, places of employment, and certain other areas.
A. Enclosed Areas. Smoking is prohibited in the enclosed areas of the following places within the city except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Places of employment.
2. Public places, other than bars as defined in this chapter.
3. Recreation areas.
4. Common areas.
6. Hotels, motels and other temporary lodging.
B. Unenclosed Areas. Smoking is prohibited in the unenclosed areas of the following places within the city limits of the city except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Public places, including public plazas.
2. Within twenty feet of a working road or building and construction crew.
3. Recreation areas.
4. Open space.
5. Service areas.
6. Dining areas.
7. Common areas; provided, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the criteria set out in Section 8.20.090. 8.20.050 Smoking restrictions in new and existing units in duplexes and multifamily residences.
A. All new units of a duplex or multifamily residence are hereby designated nonsmoking units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio.
B. All units of a duplex or multifamily residence that are not new units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of January 1, 2014.
C. Smoking in a designated nonsmoking unit is a violation of this chapter.
(Ord. 2449 NCS §1 (part), 2013.) 8.20.060 Smoking prohibited in common areas.
A. Smoking in enclosed common areas is prohibited.
B. Smoking in an unenclosed common area on or after August 1, 2013, other than in a designated smoking area established pursuant to Section 8.20.090, is prohibited.
Monday, March 4, 2013
Our Sandy
It
is with a heavy heart and the very deepest sadness that we must acknowledge on this blog the untimely passing of Sandy Bernardoni, Director of Accounting of Steward
Property Services. Sandy slipped away in
her sleep sometime between Wednesday night and Thursday morning, Jan. 31st.
Sandy's relationship with our
company started nearly 25 years ago as a Board member client. In the process, a deep and abiding personal
friendship developed, and years later, Sandy joined our company as the Director
of Accounting. For the past six years,
she has reigned supreme as the Mother Superior of the troops and has been
literally the heartbeat of our company.
She was there before everyone each morning, and was the keeper of the
secrets, the solver of problems, the "I'll do it, don't worry" person
in our office. Every office seems to be
afforded at least one such angel. Sandy
was ours.
There are absolutely no words to
describe how much she will be missed.
Her sudden passing was so unexpected it takes our breath away. At this moment, the void seems nearly insurmountable. At some point, we will move on. We will begin to look for that perfect person
to fill a void so deep. Finding such a
person will be a huge challenge.
We love you, Sandy. And we miss you, terribly.
Friday, December 28, 2012
Won't You Be My Neighbor?
As Community Association Managers, we facilitate the administrative needs of the Board of Directors who employ us. We provide insight, experience and competency to Boards who need assistance running their corporations. We are a point of contact for homeowners, vendors and the real estate community. Often, association managers are labeled as the ones who wear the black hat. The enforcers. Even, the enemy.
Often times, this administrative shield between the Board and the membership can be a very effective communication tool for the association. However, if not handled with a sense of mutual respect, the relationship between the membership and the manager may create animosity and angst in an otherwise healthy community.
It is important for managers to remain neutral and nice, never negative. There are many times when we are given the task of communicating difficult and even unwanted news to a resident. Empathy and respect are important traits that must be utilized in these delicate situations. Although there are many black and white areas of legal responsibility in association management, there are even more gray areas that require the manager to defer to the Board, or even to suggest the solicitation of legal advice from qualified counsel, and in doing so, must remain open to each Board's unique deliberative process.
It is important for managers to remember that open and transparent deliberation of the Board must be nurtured and encouraged at all times. This is not our home, it is yours. You employ us, not to manage the Board per say, but to manage the corporation, under the Board's direction. We facilitate your decisions. Every Board achieves a specific outcome in a different manner. The process that the Board chooses to follow, may not be the way the manager would have done it, but this is not what is important. If the actions are not illegal, unjust or harmful to the community as a whole, we as managers, must respect the fact that this is the path our clients wish to follow, and part of our job is to make them feel comfortable and supported in their decisions. An effective Board feels ownership of their positions and shares pride in the decisions they make, strengthening the community as a whole and encouraging trust.
When it comes to the enforcement of governing documents within an association, managers must remember to be tactful and to communicate to the membership with respect. Enforcement processes rarely succeed when addressed aggressively right out of the gate. Most violations are simple oversights by owners, or even misunderstandings of the requirements of the association. We find that many owners simply lack education because no one had taken the time to explain the covenants, conditions and restrictions of the association in which they live. When managers succeed in explaining the impact of the infraction or even communicate the Board's intention of preserving property values and protecting the common area, many owners seem more willing to comply.
We have learned all of this through the experience of assisting Boards of Directors in our local communities for over twenty years. In staff meetings, we often brainstorm on practices that are working and not working for our communities. We attempt to adapt to our ever evolving membership and legislature, revise our communication practices and tactics, and nurture a sense of community within the associations we manage. No one is perfect and sometimes, no amount of tact can resolve a highly emotional homeowner. What we must remember is to take a step back and think about how it would feel to be on the receiving end. If we can better empathize with our clients, we can be more effective at the true goal of association management; to nurture a sense of community and to support the Board in making positive decisions that will protect and enhance the common area.
Friday, November 2, 2012
Transparency is Key
On January 1, 2012, California Civil Code 1363.05 was revised to include electronic communications, such as email, as a qualifying format for holding a meeting. This meant that now a majority of Board members deliberating on association related business through email was prohibited. This is an extremely important evolution in legislature and dramatically changes the way most Board members are used to communicating with their managing agents in between meetings.
The important concept to remember here is the need for transparency and the preservation of the spirit of the Open Meeting Act. While it may seem to some of us that most homeowners are apathetic when it comes to attending association meetings, the membership must always have the right to witness most association deliberation, should they choose to become involved.
The requirements regarding the successful notification of meetings were also modified to enhance the preservation of transparency. Regular meetings of the Board have always been open to the association membership and require at least a four day advance notice and an agenda of the topics scheduled for discussion. Now, executive session meetings of the Board need to be noticed at least 2 days ahead of time and are to include a general description of the matters under deliberation. This allows for transparency to the membership, even though they are not allowed to attend.
In contrast to much of its usefulness, email is extremely dangerous for Boards and management companies due to the ease with which informality may manifest itself. Board members may use casual language or even criticize members or vendors in jest, but these transmissions or series of discussions become integral pieces of documented history for the association. Should the need for research surface, these emails may be publicized, even read aloud in court. Words and sentences are now literally dissected and what was once innocent humor now looks horribly insensitive and unprofessional.
More than that, when a Board member communicates to management or vice versa, this can immediately spark the need for a discussion. If other Board members are included, the conversation usually blows up into a series of opinions and explanations. Suddenly, the Board is deliberating in an environment not open to the rest of the membership. Owners' rights have become violated and the Board and management have now destroyed any trust the membership may have previously had in them.
If your Board meets quarterly, the use of email is probably considered a lifesaver in assisting the Board with conducting their regular business. It may seem harmless because both the Board and management are confident in their authority and their ethics. Association Board members are unpaid volunteers. They value the use of their time and email was a great way to not have to sacrifice a chunk of their day. From a homeowners' point of view, however, this "closed circuit" of communication provides way too much room for error.
Having to conduct business in an open meeting forces all of the Board members to become involved. It guarantees healthy deliberation that the membership is able to witness. It also guarantees that everyone involved is who they say they are, and that parliamentary procedures can be followed. If you have a good management company and/or an educated and dedicated Board, being in the same room together allows your decision making to be made openly, and with the confidence of following the law.
So what can we email? It is important to realize the difference between transmitting information and actual deliberation. A majority of directors may not use email to discuss association business, but they may discuss non-business items, such as setting the dates and times for meetings, distributing information for meetings, requesting that items be placed on the agenda or relaying project progress to the Board. It is important to include all Board members when exchanging information, even if it seems insignificant to some. As the Board is able to create distrust with its members by not being transparent, so can a management agent create distrust with the Board, should their communication not include all directors.
While calling and appropriately noticing a special meeting is always the best way to handle business that may come up in between meetings, depending on your dynamic, you may choose to delegate authority to either the President or your association manager for some of the usual decision making needs that surface between meetings.
Emergency needs are exempt to this requirement, however, Boards should be extremely careful when qualifying a topic as an emergency. Improper use or abuse of this classification may result in more distrust among the membership, but also may make the decisions challengeable in court.
Your Boards work extremely hard for you. Regulations like this although justified, increase the time involved for these volunteer directors and take away from time spent with their families, friends and careers. The next time you see your Board member walking down the sidewalk, stop to shake their hands and thank them for all that they give to your community. You don't have to attend a Board meeting to smile and say thanks, but we hope that you do.
The important concept to remember here is the need for transparency and the preservation of the spirit of the Open Meeting Act. While it may seem to some of us that most homeowners are apathetic when it comes to attending association meetings, the membership must always have the right to witness most association deliberation, should they choose to become involved.
The requirements regarding the successful notification of meetings were also modified to enhance the preservation of transparency. Regular meetings of the Board have always been open to the association membership and require at least a four day advance notice and an agenda of the topics scheduled for discussion. Now, executive session meetings of the Board need to be noticed at least 2 days ahead of time and are to include a general description of the matters under deliberation. This allows for transparency to the membership, even though they are not allowed to attend.
In contrast to much of its usefulness, email is extremely dangerous for Boards and management companies due to the ease with which informality may manifest itself. Board members may use casual language or even criticize members or vendors in jest, but these transmissions or series of discussions become integral pieces of documented history for the association. Should the need for research surface, these emails may be publicized, even read aloud in court. Words and sentences are now literally dissected and what was once innocent humor now looks horribly insensitive and unprofessional.
More than that, when a Board member communicates to management or vice versa, this can immediately spark the need for a discussion. If other Board members are included, the conversation usually blows up into a series of opinions and explanations. Suddenly, the Board is deliberating in an environment not open to the rest of the membership. Owners' rights have become violated and the Board and management have now destroyed any trust the membership may have previously had in them.
If your Board meets quarterly, the use of email is probably considered a lifesaver in assisting the Board with conducting their regular business. It may seem harmless because both the Board and management are confident in their authority and their ethics. Association Board members are unpaid volunteers. They value the use of their time and email was a great way to not have to sacrifice a chunk of their day. From a homeowners' point of view, however, this "closed circuit" of communication provides way too much room for error.
Having to conduct business in an open meeting forces all of the Board members to become involved. It guarantees healthy deliberation that the membership is able to witness. It also guarantees that everyone involved is who they say they are, and that parliamentary procedures can be followed. If you have a good management company and/or an educated and dedicated Board, being in the same room together allows your decision making to be made openly, and with the confidence of following the law.
So what can we email? It is important to realize the difference between transmitting information and actual deliberation. A majority of directors may not use email to discuss association business, but they may discuss non-business items, such as setting the dates and times for meetings, distributing information for meetings, requesting that items be placed on the agenda or relaying project progress to the Board. It is important to include all Board members when exchanging information, even if it seems insignificant to some. As the Board is able to create distrust with its members by not being transparent, so can a management agent create distrust with the Board, should their communication not include all directors.
While calling and appropriately noticing a special meeting is always the best way to handle business that may come up in between meetings, depending on your dynamic, you may choose to delegate authority to either the President or your association manager for some of the usual decision making needs that surface between meetings.
Emergency needs are exempt to this requirement, however, Boards should be extremely careful when qualifying a topic as an emergency. Improper use or abuse of this classification may result in more distrust among the membership, but also may make the decisions challengeable in court.
Your Boards work extremely hard for you. Regulations like this although justified, increase the time involved for these volunteer directors and take away from time spent with their families, friends and careers. The next time you see your Board member walking down the sidewalk, stop to shake their hands and thank them for all that they give to your community. You don't have to attend a Board meeting to smile and say thanks, but we hope that you do.
Thursday, November 1, 2012
And So It Begins
For many years, Steward Property Services, Inc. has hoped to offer a blog to its community association clients that would be a source of tips and guidance, and provide information about industry trends and legislative changes. The process has had a history of stops and starts as the reality of the day to day paper crunch that exists in this industry often crushed good intentions and forced them onto the back burner. However, technology has once again come to the rescue! Thanks to the forward thinking of our President, Mr. Jeff Farnsworth, the possibility of creating and maintaining a company blog has made better client communication a reality.
Steward Property Services, Inc. also maintains an electronic company newsletter titled Community Lights. The newsletter includes information about Steward Property Service's news, industry news and legislative updates, community and volunteer highlights, and many other special features. Although aimed at our Board member clients, any homeowner may sign up and the newsletters will be archived on our Steward Property Services, Inc. website (www.stewardprop.com).
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