PART III AND PART IV FROM STEW RICHLAND

Here are the final two parts from Stew Richland's series. They should be read carefully and evaluated. For example, many associations are negligent on rules 7 - 10 in the first part of this posting.

How the unit owners may view their Board of Directors or how the Board views their unit owners.

We know that Association rules regarding participation in the association elections process, levying of fines, and procedures for resolving disputes through an objective third party can have a profound impact on the quality and enjoyment of community life. Some disagreements and disputes can be settled easily, some can escalate into to a point where home ownership can be endangered. Foreclosure can be devastating and the consequences of disputes can be particularly severe for older homeowners, whose homes typically represent their single largest asset.

One web site offered the following guide lines for a homeowners bill of rights.

1.Right to Security against Foreclosure
An association shall not foreclose against a homeowner except for significant unpaid assessments, and any such foreclosure shall require judicial review to ensure fairness.

2.The Right to Resolve Disputes without Litigation
Homeowners and associations will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.

3.The Right to Fairness in Litigation
Where there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.

4. The Right to Be Told of All Rules and Charges
Homeowners shall be told—before buying—of the association’s broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.

5. The Right to Stability in Rules and Charges
Homeowners shall have rights to vote to create, amend, or terminate deed restrictions and other important documents. Where an association’s directors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.

6. The Right to Individual Autonomy
Homeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.

7. The Right to Oversight of Associations and Directors
Homeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.

8. The Right to Vote and Run for Office
Homeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

9. The Right to Reasonable Associations and Directors
Associations, their directors and other agents, shall act reasonably in exercising their power over homeowners.

10. The Right to an Ombudsperson for Homeowners
Homeowners shall have fair interpretation of their rights through the state Office of Ombudsperson for Homeowners. The ombudsperson will enable state oversight where needed, and increases available information for all concerned.

Does your association rules include the above?  Something to consider

Are your Condo rules and bylaws clearly written and frequently updated?

Homeowners deserve to know what rules the association applies, but frequently they do not. Clear disclosure provides the foundation for homeowners to agree to association rules and charges, facilitates compliance, and prevents arbitrary enforcement.

How does a unit owner (especially a grieved owner) and the Association begin to build or repair relationships.  Attempt to treat the relationship like a happy marriage based on deep friendship and mutual respect. Attempt to overcome any deep seated negative feelings.

When you are going to bring up areas of conflict keep the following strategies in mind.

1. Soften your startup.  Don't start off by accusing or sniping at you association reps  Instead, try to ease into your conversation, and definitely avoid being hostile or accusatory.

2.  Learn to make and receive repair attempts.  Usually, these are attempts by the unit owner or association rep.  to add some levity to a disagreement or to prevent the argument from getting into ugly territory.  Often this can be a funny statement or even just a request to get back on topic or take a break. 

3.  Soothe yourself and your association .  If you start to feel overwhelmed by the discussion, let your adversary   know you need a break.  When you feel the fight or flight response of a conflict, it takes a good 20 minutes to effectively remove the chemicals from your body and allow yourself to relax.  So take 20 minutes, listen to music or deep breath before returning to the discussion.

4.  Compromise.  Even if you are convinced that you are right (any you may be, who's to say), the only way to manage your conflicts is to compromise.  It's fine and dandy to be always right, but is it worth the dispute?   Of course not.  Work on making trade-offs.

When a position is open on a Condo’s Associations board of directors would you accept the position? Would you step into the shoes of a departing President. The answer very often was a resounding "NO".  Other than general malaise, what would be the reasons for such reluctance? Is it because the office is seen as a thankless position; the office requires too much time or would subject the holder to criticism; or the VP does not feel he or she has the support of the board?

Why would someone want to serve their Association?

Well, experience has taught that there are positive reasons and negative reasons that explain why some association members undertake these roles. Let's start with the positives:

    a. Wants to make a difference

    b. Wants to safeguard community values

    c. Has skills that could be helpful to the board

    d. Has a personal issue that he or she wants to be resolved which would

       also be in the best interests of the community.

 Now, unfortunately, come the negative reasons:

       a. Has a personal issue that he or she wants to be resolved which might not be in

           the community's best interests

     b. Power play

     c. Desire to send work to his or her own company or friends' companies

     d. Potential fraudster

How many folks have served on a board where the members disliked and mistrusted each other? How many have served on an association board where the members liked and respected each other and worked well together? It's not hard to figure out that the former situation creates dysfunction in a community. How many people would like to turn the reins over to a new generation of leaders in their community but no one is willing to take up the baton? How many associations  currently don't have any leader on their board or the wrong type of leader(s)?

How many board members or potential board members had ever attended a leadership seminar in their former life or even considered doing so when winning a board seat.  The board should search out free educational classes and materials for board members, committee members and potential candidates for the board.  Going together to one of these classes and discussing what was heard and learned together can be tremendously helpful in deciding how to put that new knowledge to good use in your Association

Do some informal training.  This is another option when it comes to getting some new blood on the board. You can develop future leaders by handing out challenging assignments to current board and committee members. Those members who show focus, talent, ethics and skills should be encouraged to seek roles as future leaders. Even just taking note of who consistently shows up for meetings and community events can provide a clue as to future leadership candidates. (This could have been one of the real positive roles of UCO but in this instance they have failed miserably.)

Focus on an internal succession plan for your Association.  Do current board members who are directors but not officers wish to become officers? Do current officers wish to hold different offices? Do current committee members wish to run for the board? If your board does not know who wants what in terms of serving the association, it should. Next time your board meets, ask yourselves a question.  If the president of the association moved would the current VP wish to fill the president's slot?

Ultimately, the board is elected by the members to make decisions on their behalf but how often do the directors have personal interests that might be given priority attention? 

Some issues clearly constitute a conflict of interest which would demand a director's disclosure and abstention from voting. Other issues, however, merely flirt with self interest. Those instances still demand that a director understand how he or she is voting on a particular matter and why. If there is even a whiff of self interest, the membership will sniff it out in many cases so the wise director is the one who takes steps to clarify his or her position in the face of such circumstances.

Lastly, when you poll your community members and they voice an opinion on a proposed course of action, boards who disregard that input do so at their own peril.

In conclusion, I doubt if any type of “Bill of Rights” for unit owners is what is needed. A person who buys a condo without looking at the fine print of the contract, does not ask the right questions of his realtor,  finds that the Association representatives are either not forth coming with the financials of their association, and does not talk to the residents of the building he/she wants to buy, then they are creating a scenario that could punch holes in their retirement plans. 

Yes, the Latin term: Caveat Emptor should be your guide: the principle that the buyer alone is responsible for checking the quality and suitability of goods  or condos before a purchase is made.  (the principle of caveat emptor serves as a warning that buyers have no recourse with the seller, association or realtor  if the product does not meet their expectations.)

A note to my readers. Much of this information has been gleaned from various web sites dealing with the issues of pertaining to  condo owners bill of rights issues. I have selected ideas, and excerpts from my research in order to put this article together. I urge readers who would like to follow up on the ideas presented here, just type in on your search engine Condo Bill of Rights, or Condo Association issues and you will find enough information to keep you busy for quite awhile. Please feel free to respond to my conclusions on this issue to the paper you are reading it in or

at phyllisrichland.blogspot.com

I will post tomorrow and make my apologies, but today was a travel day and we just got in and have much to do. Read Stew, learns and come back tomorrow. Thanks.