Updated Surplus Numbers

Updated Surplus Numbers
Updated Surplus Numbers: Actual surplus 2018 per audit was $85,163.
Boards 2011-2018 implemented policies and procedures with specific goals:
stabilize owner fees, achieve maintenance objectives and achieve annual budget surpluses.
Any surplus was retained by the association.
The board elected in fall 2018 decided to increase owner fees, even in view of a large potential surplus

Average fees prior to 2019

Average fees prior to 2019
Average fees per owner prior to 2019:
RED indicates the consequences had boards continued the fee policies prior to 2010,
BLUE indicates actual fees. These moderated when better policies and financial controls were put in place by boards

Better budgeting could have resulted in lower fees

Better budgeting could have resulted in lower fees
Better budgeting could have resulted in lower fees:
RED line = actual fees enacted by boards,
BLUE line = alternate, fees, ultimately lower with same association income lower had
boards used better financial controls and focused on long term fee stability

Thursday, April 30, 2009

Inflation - Price of City Waste Stickers to Increase

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Here are a few "inflationary" items to hit our unit owners and the association. I'll update this particular blog from time to time.

Garbage Stickers:
The price of the city garbage/waste stickers will increase effective July 1.

Currently the stickers are $2.92 each. The price will increase $0.13, which is about 4-1/2 percent, to $3.05 effective July 1, 2009.

Postage:
Another increase: US Postal rate for first class letter mail will go from $0.42 to $0.44 for the first ounce effective May 11, 2009. That is an increase of 4.8%.

Electrical Energy:

ComEd's new rates became effective January 15, 2009. According to the Illinois Commerce Commission, these rates were reported as being a 5.6% increase for the average residential customer. The rate increase will effect the unit owners and the association which pays the fees for common area and street lighting.

ComEd issued the following statement on September 10, 2008:

"While ComEd is committed to keeping rates as low as possible, we are also committed to providing our 3.8 million customers with reliable service. This increase is necessary to respond to higher infrastructure improvement costs and to support growing demand," said Anne Pramaggiore, executive vice president of customer operations, regulatory and external affairs for ComEd.
ComEd remains committed to keeping the lights on while looking for ways to operate more efficiently and generate sustained cost-savings, which directly benefits our customers.....In a time of increasing household costs, ComEd recognizes that rate increases can be difficult for many customers. So it is encouraging customers in need to take advantage of the assistance and education programs currently available.
As part of ComEd's CARE assistance programs, ComEd will distribute more than $18 million in assistance to customers most in need. Customers can apply for energy assistance programs through one of the local LIHEAP administering agencies. In Chicago and Cook County, customers can call 1-800-571-2332. More information is available at http://www.ComEd.com or by phone at 888-806-CARE (2273).
Plus, all residential customers can take advantage of ComEd's many energy efficiency and demand response programs, which help customers conserve energy and save money on their bills. ComEd's AC Cycling Program, the interactive Online Energy Audit and its program to provide compact fluorescent light bulbs at significantly reduced prices are among the different ways that customers can save money by using less electricity. More information on these programs, as well as additional tips and tools, are available at http://www.ComEdCare.com."

Tuesday, April 28, 2009

Swine Flu

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This is provided as a public service. There is no intention to increase alarm but there is mis-information on some of the news and social media (e.g. ‘Twitter”). So this is the latest data on the “swine flu” which the World Health Organization (WHO) calls “swine influenza A(H1N1)”. If you are concerned or know someone who only has access to popular media, such as television, the following may be useful.

The following was current as of April 28, 2009. For additional information, see the WHO website at http://www.who.int/csr/disease/swineflu/en/ and information is also available at the Centers for Disease Control and Prevention (CDC) website http://www.cdc.gov/swineflu/

According to the CDC, it is "Your Online Source for Credible Health Information". The CDC has this statement on its website:

What You Can Do to Stay Healthy
There are everyday actions people can take to stay healthy.

  • Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
  • Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hands cleaners are also effective.
  • Avoid touching your eyes, nose or mouth. Germs spread that way.

Try to avoid close contact with sick people.

  • Influenza is thought to spread mainly person-to-person through coughing or sneezing of infected people.
  • If you get sick, CDC recommends that you stay home from work or school and limit contact with others to keep from infecting them.

Additional Information from the WHO website:

According to the WHO website "update 3" April 27, 2009, the United States Government has reported 40 laboratory confirmed human cases of swine influenza A(H1N1), with no deaths.

  1. According to the WHO “There is also no risk of infection from this virus from consumption of well-cooked pork and pork products. Individuals are advised to wash hands thoroughly with soap and water on a regular basis and should seek medical attention if they develop any symptoms of influenza-like illness.”
  2. WHO has issued a “Phase 4” alert, which means that swine flue “is characterized by verified human-to-human transmission of an animal or human-animal influenza reassortant virus able to cause “community-level outbreaks.””
  3. This is from the WHO website: "The ability to cause sustained disease outbreaks in a community marks a significant upwards shift in the risk for a pandemic. Any country that suspects or has verified such an event should urgently consult with WHO so that the situation can be jointly assessed and a decision made by the affected country if implementation of a rapid pandemic containment operation is warranted. Phase 4 indicates a significant increase in risk of a pandemic but does not necessarily mean that a pandemic is a forgone conclusion."
  4. Swine Flu Frequently Asked Questions from the World Health Organization website http://www.who.int/csr/swine_flu/swine_flu_faq.pdf

The following is from the WHO faq document on the website:

What is swine influenza?
Swine influenza, or “swine flu”, is a highly contagious acute respiratory disease of pigs, caused by one of several swine influenza A viruses. Morbidity tends to be high and mortality low (1-4%)…. Although swine influenza viruses are normally species specific and only infect pigs, they do sometimes cross the species barrier to cause disease in humans.

What are the implications for human health?
Outbreaks and sporadic human infection with swine influenza have been occasionally reported. Generally clinical symptoms are similar to seasonal influenza but reported clinical presentation ranges broadly from asymptomatic infection to severe pneumonia resulting in death.

Since typical clinical presentation of swine influenza infection in humans resembles seasonal influenza and other acute upper respiratory tract infections, most of the cases have been detected by chance through seasonal influenza surveillance. Mild or asymptomatic cases may have escaped from recognition; therefore the true extent of this disease among humans is unknown.

How do people become infected?
People usually get swine influenza from infected pigs, however, some human cases lack contact history with pigs or environments where pigs have been located. Human-to-human transmission has occurred in some instances but was limited to close contacts and closed groups of people.

Is it safe to eat pork and pork products?
Yes. Swine influenza has not been shown to be transmissible to people through eating properly handled and prepared pork (pig meat) or other products derived from pigs. The swine influenza virus is killed by cooking temperatures of 160;F/70;C, corresponding to the general guidance for the preparation of pork and other meat.

Is there a human vaccine to protect from swine influenza?
There are no vaccines that contain the current swine influenza virus causing illness in humans. It is not known whether current human seasonal influenza vaccines can provide any protection. Influenza viruses change very quickly. It is important to develop a vaccine against the currently circulating virus strain for it to provide maximum protection to the vaccinated people. This is why WHO needs access to as many viruses as possible in order to select the most appropriate candidate vaccine virus.

What drugs are available for treatment?
There are two classes of such medicines, 1) adamantanes (amantadine and remantadine), and 2) inhibitors of influenza neuraminidase (oseltamivir and zanamivir). Most of the previously reported swine influenza cases recovered fully from the disease without requiring medical attention and without antiviral medicines.

Some influenza viruses develop resistance to the antiviral medicines, limiting the effectiveness of treatment. The viruses obtained from the recent human cases with swine influenza in the United States are sensitive to oselatmivir and zanamivir but resistant to amantadine and remantadine.
Information is insufficient to make recommendation on the use of the antivirals in treatment of swine influenza virus infection. Clinicians have to make decisions based on the clinical and epidemiological assessment and harms and benefit of the treatment of the patient. For the ongoing outbreak of the swine influenza infection in the United States and Mexico, the national and the local authorities are recommending to use oseltamivir or zanamivir for treatment of the disease based on the virus’s susceptibility profile.

How can I protect myself from getting swine influenza from infected people?
In the past, human infection with swine influenza was generally mild but is known to have caused severe illness such as pneumonia For the current outbreaks in the United States and Mexico however, the clinical pictures have been different. None of the confirmed cases in the United States have had the severe form of the disease and the patients recovered from illness without requiring medical care. In Mexico, some patients reportedly had the severe form of the disease.

To protect yourself, practice general preventive measures for influenza:


  • Avoid close contact with people who appear unwell and who have fever and cough.
  • Wash your hands with soap and water frequently and thoroughly.
  • Practice good health habits including adequate sleep, eating nutritious food, and keeping physically active.

If there is an ill person at home:

  • Try to provide the ill person a separate section in the house. If this is not possible, keep the patient at least 1 meter in distance from others [Note: 1 meter is 3.28 feet, or about 3 feet and 3 inches].
  • Cover mouth and nose when caring for the ill person. Masks can be bought commercially or made using the readily available materials as long as they are disposed of or cleaned properly.
  • Wash your hands with soap and water thoroughly after each contact with the ill person.
    Try to improve the air flow in the area where the ill person stays. Use doors and windows to take advantage of breezes.
  • Keep the environment clean with readily available household cleaning agents.
  • If you are living in a country where swine influenza has caused disease in humans, follow additional advice from national and local health authorities.

What should I do if I think I have swine influenza?
If you feel unwell, have high fever, cough and/or sore throat:

  • Stay at home and keep away from work, school or crowds as much as possible.
  • Rest and take plenty of fluids.
  • Cover your mouth and nose with disposable tissues when coughing and sneezing and dispose of the used tissues properly.
  • Wash your hands with soap and water frequently and thoroughly, especially after coughing or sneezing.
  • Inform family and friends about your illness and seek help for household chores that require contact with other people such as shopping.

If you need medical attention:

  • Contact your doctor or healthcare provider before travelling to see them and report your symptoms.
  • Explain why you think you have swine influenza (for example, if you have recently travelled to a country where there is a swine influenza outbreak in humans). Follow the advice given to you for care.
  • If it is not possible to contact your healthcare provider in advance, communicate your suspicion of having swine influenza immediately upon arrival at the healthcare facility.
  • Take care to cover your nose and mouth during travel.


Monday, April 20, 2009

Spring has finally arrived!

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Well, spring officially arrived on March 20, but as is usual, it was a bit cool and there was not a lot to show for it. It's cool and raining today and tomorrow, with a possibility of snow! Then a high of 82F on Friday!

However, we now have green grass, the trees are tentatively spreading their leaves and some are blooming, and the crocus and daffodils are blooming; the "Daffodil Glen" at the Morton Arboretum is a sight to behold.

We also have far more birds and from my kitchen window and I have seen a red tailed hawk, nuthatches, chickadees, and of course many, many robins.

The surprise came during a recent visit to the Willowbrook Wildlife Center. The pond now includes a beaver hutch!

Wednesday, April 15, 2009

Frightened by Reviews???

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In a comment to one of my posts, "Anonymous" wanted to know if I have an opinion on the property management company. They said "I've very new to BLMH....I know a lot of this blog is about the board of directors, but I was hoping you could respond to this comment with a quick summary of the HOA company".

Of course I do have an opinion. Everybody has an opinion on just about everything! But posting all of my opinions here poses a problem. The WWW is an open and largely un-moderated place. People post their opinions, which frequently support their hidden agendas, all the time. Some of what is posted is true and some is not. It is my goal to post items here that are accurate, verifiable and are consistent with my stated purpose for this blog. I have posted letters and my interaction with candidates for the board and with the management company. I always advocate the use of letters for anything other than an emergency.

I provide a lot of data in my posts, to substantiate what I am saying. Data includes numbers, dates, places, background information and stuff that people would normally call substantiable “facts”. The WWW has no rules about that. So a lot of what we read, especially that which is written by “anonymous” writers or does not includes names, dates and places must be questioned. If I report on a meeting, you can also attend meetings and compare what I post to what you observed at the meetings. I flag my “comments” so that the reader knows when I have crossed from “facts” to something else.

If you are a concerned unit owner, then I suggest that you attend board meetings.

When I go to public web sites where anyone can say anything about anybody, I know I have crossed into the “Twilight Zone”, that place which, according to Rod Serling, “is the middle ground between light and shadow, between science and superstition. And, it lies between the pit of man's fears and the summit of his knowledge”. So it is with the un-moderated world wide web. Statements made by unit owners at board meetings sometimes fall into the same category. It’s my word against your word, my opinion versus your opinion. We might as well have two TV sets running and facing each other! It would be naive to assume that everyone who uses the web and posts there, does so with altruism. There is ample evidence to the contrary. Ditto for board meetings. Not everything that everyone says is truthful or can be substantiated. That is the nature of certain debates!

I also must point out that while you say that you are “very new to BLMH”, you could be anything but. You could be merely an interested bystander, or a board member. You could also be someone at another homeowners association with an agenda. Who knows?

As a unit owner, I certainly have a bias. I have something at stake at BLMH. Only you can tell me your bias.

Regarding our “board of directors”. These people are the ones who are willing to put their time and personal agendas aside, and be “of service” to our association, or so they have stated. For that I have the utmost respect. However, human beings are also motivated by powerful forces which include fear and greed. "Anonymous", you posted because you say you are "frightened", which could be some proof of what I say. Only you know your true motivation.

I cannot state what motivates each member of our board. But actions do, it is said, "speak louder than words". That is why attending board meetings is of value to unit owners. So that we can see the various members of the board, and other unit owners, at the meeting and observe their actions, interactions, biases and so on. The board is definitely of more interest to me than the management company. Why is that, you might ask? In reply, it is the board that decides what is to be done by whom at BLMH. They hire and fire and they ultimately determine our rules and rule changes, our annual budgets, determine our assessments and determine how our assessments are spent. So the board has a lot of power at BLMH, and my interests rest with those who have the ultimate power, and I am interested in determining if they are acting for the good of the association or not. I have published data which suggests that boards do not always act for the good of the association. They can be and are pressured by unit owners. They can have good intentions and make mistakes. Long term underfunding of reserves was just such a mistake, voted by past boards. The current management company and recent boards were, I understand, instrumental in turning that around. I have written about that elsewhere on this site.

I have observed that some unit owners prefer to ignore the reserve problem as cause for our recent assessment increases. Some also ignore their complicity in the problem; I suppose they would say "the board did it". When a unit owner comes to the board meeting and begins complaining and making statements about "rights", "privileges" and demands for "service" I do have to wonder where they were 15, 20 and 25 years ago. That was a time when the board was awarding negative assessments (giving money back to unit owners) rather than saving for our roof repairs. Now there are those who would have me believe that the recent financial problems are all due to the recent boards and our current management company. The data doesn't support that view.

Currently, there are unit owners who are very unhappy about our assessments. I am certain they are doing all that they can to influence our board and other unit owners. Our board members are also unit owners. They have the same concerns all of us do, but as board members they are to operate to a higher standard and act "for the good of the association". It is unfortunate however, that ethical standards vary greatly. It is also true that one of the best ways to promote a personal agenda is to be elected to the board.

Sunday, April 12, 2009

Update - Board Meeting of April 9, 2009

3 comments
These are my notes pertaining to the board meeting on April 9.

I'm not certain precisely where to begin. I drafted a letter to the management and the board regarding the shenanigans at the meeting. It was originally 6 pages in length and required editing prior to mailing. The following is based on that letter.

1. Our “Communications Director” read a statement in support of a personal agenda and advocating the use of association money to fund that agenda. That action was a catalyst and fed dissentious elements in the gallery. Comment: I conclude this little drama was staged, at which point the constructive elements of the meeting ended. Frankly, I cannot understand why that board member did what she did. Why is a board member taking up these unit owner causes and disrupting the meeting? No matter how “noble” or well intentioned, I must ask, is it appropriate for a board member to do what she did? It is my opinion that her action was an undermining one. It was a major disruption of the meeting. It was inconsistent with the stated goals and strengths of the ROC board members; most notably “conflict resolution”! The word “antithetical” comes to mind. What is going on here? Fomenting conflict or supporting fractious groups at BLMH is at the very least divisive and not appropriate for a board member. What this board member did is not for the good of the association. Or, to put it another way, promoting causes or promoting a private agenda is not consistent with the code required of a board member. Each of the board members signed an agreement to abstain from this type of activity.

This is not the first time this individual has staged this type of event. Last year, as a unit owner, she prepared and posted a document in each foyer, in advance of a board meeting exhorting unit owners to attend the meeting and thereby prevent a ruling on the banning of pets at BLMH. There was no such ruling.

2. Certain aspects of the meeting were, as one attendee stated to the board “terrible” or words to that effect. There were unit owners shouting down the manager, board members and each other! This led to repeated shouting between two groups of unit owners! The board was unable to manage the meeting. I realize this is difficult particularly when things occur such as the personal statement read by our “Communications Director”. Comment: The “Leadership by Example” must come from the board. The unit owners should not be manipulated by members of the board and vice-versa. Our board has a lot of work to do and theatrics and disruptions cannot and should not be tolerated.

3. A vendor (contractor) attended the meeting. That is one of the results of advertizing the meeting on the web, I suppose. Comment: Instructions should be posted on the website and the blog, advising who is permitted to attend the meetings. Announcing meetings is fine, but they may be interpreted as an invitation by readers who are not unit owners.

4. During the meeting I observed unit owners complaining about snow removal “bobcats” parked on one of the courts and then in the next few minutes the “Communications Director” swung the meeting to support the parking of a tractor of a semi-trailer on the property. Comment: What is going on here? I must say, this was incredulous, and if not duplicitous, then inconsistent. Bobcats are an eyesore, but tractors are OK? What are we devolving to, mob rule led by our “Communications Director”?

Why is a tractor parked on the property apparently OK to our Communications Director in defiance of the rules and regulations? Why is that same board member championing causes which are totally against the rules? I have a little story about this; I once had a pickup truck and some of my neighbors were unhappy. I resolved this by parking the pickup off site for a period of time and ultimately capitulated and sold it. I guess my “circumstances” would be construed as being without merit. Besides, I was simply keeping the rules and operating as one would, in a ”community”. But talk about “community” is apparently easy and without meaningful action. A board member can champion personal causes to spend association money, but can’t seriously discuss deferring the painting of the exterior of certain units for a year at a savings of about $15,000.

Regarding the tractor (which is the motorized portion of a “semi-trailer”), why did the vehicle owner not attempt to park the vehicle on the boulevard outside BLMH? Alternately, why not in the driveway of the building and with a notice in the window stating visitor with unit owner's name, address and cell phone? Why this board member statement about the personal feelings and concerns, which is essentially a private matter, and a subjective one at that? Why didn’t the board member who seems to have great concern about this, not handle it simply with a request for a collection from “concerned” unit owners, instead of attempting to manipulate the board and spend association money for her “cause”?

5. I asked a question about budgeting, which was lost during the meeting. That’s what happens when personal agendas reign and disrupt. We have some significant expenditures, including driveway repairs. During the meeting, our Treasurer and Architectural Director, and our professional manager stated that we have eight or more driveways which, under the criteria (81%) qualify for immediate repairs. It was also stated that to maintain reserves at a certain threshold, not all of these repairs can commence OR other expenditures must be curtailed. Our Treasurer has pointed out several areas where this might be possible (reference: my March 19 blog). Most notable was delaying painting of the exterior of certain buildings for a year (or more?). I asked if this has been further explored, and the Treasurer stated “no”.

This was lost because of discussions about personal causes, bobcats, demands for "service", etc.

Comment: If there is an assertion that driveway repairs are not now possible due to finances, I ask the board to consider just how long it will then take to make repairs. Consider that driveways will continue to deteriorate and at an accelerating rate, which is not unusual as bituminous concrete (asphalt) ages and loses its binding agents to the bacteria in the soil. I fear that the board may be creating another catch-up game here. The result will be disrepaired driveways pushed off until next year, joining the group which does not survive the winter of 2009-2010, and so on. That is a game with nature that our association cannot win.

Consider the uproar from the unit owners who have terrible driveways and have to wait a year or longer. That will certainly feed the negative elements at BLMH and will foment another shouting match later this or next year.

A multi-faceted financial solution may exist, but the board is distracted by personal causes and agendas which dominate the meetings. A financial solution could include the temporary lowering the threshold for our reserves and delaying painting. But that would require an inspection and discussion. As I understand it, our reserves are growing by about $27,000 per month. If so, then they will increase in the 5-month period April 1 to August 31 by about $137,000. Is that included in our cash-flow projections?

I appreciate that these are difficult choices, and in many respects the current and recent boards are attempting to make up for lost time and lost revenue. Believe me, as a “B” unit owner, I will gladly pay for a new window if that is what it takes to free up funds. On the other hand, I will not pay for a window so that the board can take the association money thusly saved and flush it on the private causes championed by a board member.

I am also disturbed that our “Communications Director” apparently has little or no interest in these matters, but would prefer to discuss block parties, garage sales and personal causes. I do understand that this may be consistent with her focus on her interpretation of “community”. However, that is not within the duties and scope of a board member of a million dollar business. Perhaps I am naïve but I don’t think that block parties can overcome the pressures on unit owners of increasing assessments, increasing numbers of vacancies, increasing rentals, increasing absentee owners and so on. However, I would like to hear a statement by our “Communications Director” about how her proposed events will satisfy her constituents, some of whom are committed to an increased level of “service”.

6. I was heartened to hear our professional manager address a unit owner and state that the assessment increases are due to underfunded reserves as the result of previous board action. That is the first time I have been present at a board meeting and heard a direct statement on the matter. In all previous discussions that I have been present to, there has never been a direct statement of this type.

Comment: There are unit owners attending meetings and pressing that more funds be spent on “services”. It seems there are different positions about funding repairs and funding services. Since 2001 our assessments have increased about 50%. This has been for two reasons; to fund reserves and to pay ongoing operating expenses. At the present rate, our assessments could increase another 50% in less than 8-1/2 years. I do not expect that. However, I do not know what the future inflation rate will be, nor do I know what the “reserve studies” will reveal. However, I do know our association faces an aging infrastructure and with it increasing repairs. Too bad the boards in 1983 to 1999 made the decisions they did. But “it is what it is”.

I know that the term “perfect storm” has been much overused after the publishing of the book and the movie. I apologize for using it here. We are in the midst of just such an event. A serious economic decline, new unit owners who purchased at the height of the boom and possibly at inflated prices with "resetting" mortgages, rising assessments and aging infrastructure requiring increased expenditures and one or more new board member with private agendas and causes!

We have many older unit owners who are very used to the lower assessments. The data on BLMH reveals an incredibly low 2.36% average annual increase from 1983 though 1995. That is what unit owners came to expect. However, since 1999 what they have gotten is an average 6.96 percent annual increase. When I purchased in 2001 after conducting my own studies and interviews of management and unit owners, I fully expected that there would be “trouble in River City”! Nor did I believe the ROC candidates when they replied to my letter, in writing, that “assessments were not an issue”. If that was true, then the new board members are as oblivious, ineffective, or subject to unit owner pressures as the boards we had in the period 1983 to 1999.

I always find it humorous when someone talks about how "low" the assessments are “somewhere else”. They were incredibly low here for years and look at what that got us! I guess some unit owners want to go back to those “good old days” and hang future owners. Talk about “community” is so easy, but action is what counts!

There is a purpose in my stating this here. It is simply this: I think some really straight talk about finances, budgeting, and forecasting is preferable to the alternatives. Again I say “kudos” to our professional manager. To that end a reserve study may be helpful, no matter the consequences. I have been opposed to such a study and it is simply because I fear the possibly bad news and diverting funds to the study. But overall, I don’t think this board has a choice. We need some really straight talk. We are now definitely in a crisis, aggravated by certain new board members.

I suggest that the board and my fellow unit owners consider the implications of the financial demographics at BLMH. There is no formal census, but I think I can state that we have some unit owners who purchased in the period 2000-2007 and are struggling with the unanticipated (on their part) increases in assessments and balloon payments on mortgages, or mortgage rate resets. Consider our aging demographics. (Our census form does provide age info on unit owners, so that can be determined). The social security administration awarded a 5.8% benefit increase for 2009. However, with core 2009 inflation below 2.0%, it is to be assumed that the increase for 2010 will be far lower. I am advocating as per my recent letters and blog, that the board consider the SS benefit increases when discussing and evaluating assessment increases. If inflation remains low and if we can maintain reserves at a certain threshold, then perhaps future assessment increases will moderate as our management has predicted. However, we do need new roofs, the driveways are deteriorating and so on, all of which need to be paid for. But funding personal causes is not a problem!

I would hope that the entire board and community realizes that the problems here at BMH are due in large measure to our low assessments for an extended period of time. That drew in owners who expected such assessments would remain low “forever”. It built false and unsustainable expectations among the existing unit owners. It undermined our finances and it underfunded our reserves. It is the reason that the board today is struggling to agree upon expenditures and to do such simple tasks as replace driveways in serious need of repair. It is also why we have unit owners complaining about a “lack of service”. And we apparently have board members willing to seize upon this and use it for personal advantage.

Recent history of boards here at BLMH has shown that those who do make the hard choices will be fired. I am of the opinion that is due in part to the avoidance of straight talk by the boards. There was bad news, and perhaps everyone hoped it would get better, that assessment increases could be curtailed. Well, our aging infrastructure, the economy and the housing bubble conspired against that hope. What we need in new unit owners, are owners that are fully informed of the future here at BLMH, to the capacity of board and management. There may be fewer sales, but we will not be contributing to future problems.

There are about 10 million home and condominium owners in the U.S. that are “underwater” and in dwellings they cannot afford, according to data by the housing industry and the U.S. government. Some of those are here at BLMH. We have experienced foreclosures as evidence. There is, to my knowledge, nothing we can do about that. We can emote, we can be concerned, but what definitive, corrective action is possible?

7. At the meeting I again listened to a unit owner declare that “I’m a unit owner” as compared to something else. Comment: I see this as an opening for a serious conversation about the duties and responsibilities of a unit owner. There seems to be a lot of conversation centered on the “rights and privileges”, and the expectations for “service”. Well, with those “rights and privileges” also come “duties and responsibilities” and the need to “be of service” to our community.

Perhaps it is time for a dialogue regarding the duties and responsibilities of a unit owner. It may no longer be appropriate for the majority of us unit owners to be sitting idly by. For example, it may take one unit owner per building to take responsibility for the condition of the halls, another the garage interior and yet another the grounds in the immediate vicinity of each building. The fourth unit owner per building could actively support our landscape director. To get involvement may require the stipulation by the board of who is to do what. Absentee owners may be required to have a surrogate owner perform their duties. If that is not workable, this opens the path to an additional assessment fee to offset their inability to perform their duties. However, leadership in this and all other endeavors at BLMH will come only from the board, which is being driven in the direction of private causes and block parties.

8. I am disturbed by unit owners who have complaints about our management or the board, when statements are made about alleged insults, etc. Why would this disturb me? It isn’t the statement. We all have opinions. It is the reaction of some of the board and the grand stand. This frequently becomes the basis of “proof” that someone is incompetent or unjust. Why should I ever believe a unit owner just because they said something was so? Ditto for any of us. But some members of the board seem to relish this and I have seen a board member state that this must be proof as “there were complaints”. For example: A unit owner who is trying to sell their unit (or so they stated at the meeting) is unhappy that bobcats are parked on their cul-de-sac, snow accumulation and so on. This is inhibiting their opportunity to sell, or so they stated. Then they say the management company is rude and unresponsive to their requests to remove the bobcats. Should I believe this? If so, why? But apparently the word of a disgruntled unit owner who is attempting to exit BLMH should always be trusted over that of the management company!

To be frank, if I were attempting to sell, I might do the same to move my unit. But why should my position be believed? I certainly would have a reason to distort the facts, and as a unit owner, I might not agree with management's unwillingness to move the bobcats so I can improve the appearance of "my" cul-de-sac and facilitate a sale. I have been known to lose my temper in such situations. If I were desperate or intent upon a specific outcome, I might be inclined to get argumentative, or to stretch the truth. That's the way it is with human beings.

9. During the meeting a gentleman in the homeowner’s section stood up and addressed the board. He stated that he was in the business of maintenance and implied his business serviced associations such as ours. He then went on to talk about his business and how he would love to get the contract here at BLMH. Did anyone get his name and phone number? Was he a vendor attending the meeting or a unit owner? Was he a plant or was he invited by someone on the board?

He went on to dangle a few “plums” at the board. He actually backed off from some of his more powerful statements, as he continued to talk. I was concerned when he stated that his revenues are down about 35% this year. This could be construed to be due to price decreases, but the gentleman did not state that. More likely, his revenue falloff is attributable to several causes, including a loss of business. Why is his business down by that amount? Is it due to poor workmanship and quality or poor business skills? Just the kind of people we need attending unit owner meetings: hungry vendors of dubious ability looking for a choice plum of a contract.

I am not encouraged by a business owner who comes into a board meeting, addresses the board, states he wants their business and then tells me his business is down 35%. He is certainly looking for business to fill that void. But the larger question is why was he here and at whose invitation?

10. I sat quietly at the meeting for the most part. Thank God I had some gum to chew on. But believe me, it was difficult. Sitting quietly can be construed to mean that I support one position or another. However, discretion won out and I simply refused to join the fracas. I will continue to attend meetings, but if this is the way it is going to be, I may bring a camera and I will need a lot of chewing gum.

Let me say in closing that I do appreciate the efforts of our management and the board. Let me also say that my concerns have increased in the past 6 months and that this is not related to the economy but is strictly the result of observing the new board in action. I have discussed certain aspects of this letter with other unit owners who are not on the board and who have never been on the board. They share my concerns, which are due entirely to the current board situation; the character, integrity and makeup of the new board, and the apparent direction that certain members of the board seem to want to take BLMH. What will happen when the board is comprised entirely of members all supporting personal causes and private agendas?

Friday, April 10, 2009

Active Unit Ownership and Participation

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During the board meeting that I attended last night (April 9), one of the unit owners who was present made the statement that he "was a unit owner" and continued with a brief declaration about what he expected from the association.

In that declaration, statements were made about unit ownership as opposed to something else.

This created an opening for a serious conversation about the duties and responsibilities of a unit owner. During the board meetings I have attended, the statements made by unit owners generally center on the "rights and privileges" of the unit owner. This sometimes devolves into complaints about "service". Well, we are all adults here and with those “rights and privileges” also come “duties and responsibilities”, and "being of service" to others in our community.

I think BLMH has evolved, or perhaps, from a certain point of view has "devolved" to where it may not be acceptable to have unit owners sitting idly by, and the conversation about rights or privileges must also be offset by one about the "duties and responsibilities" of the unit owner. Our volunteer board consistently makes requests for assistance from non-board member unit owners. For example, it has been stated that our landscape director has 40+ acres to oversee and when there is a drought, requests are always made for volunteers to step forward and assist by watering the lawn. There are requests made regarding assisting in snow shovelling when we get that winter dusting or distribution of additional salt on icy entrances.

It may be perceived as sacrilege to take this position, but perhaps it requires one unit owner per building to take responsibility for the condition of the halls, another the garage interior and yet another the grounds in the immediate vicinity of each building. The fourth unit owner per building could actively support our landscape director.

This activity need not be voluntary; the board may stipulate who is to do what and may require that we ”unit owners” be assigned these duties, on a rotating basis. However, leadership in this as with all other endeavors at BLMH will come only from the board.

I am tiring of conversations about "community" which seem to be centered on block parties, garage sales and similar endeavors. It's time to get real about what "community" is all about. This is not a cruise ship with one or more staffers per vacationer! Or perhaps it is, and I took a mis-step when I entered the twilight zone?

Thursday, April 9, 2009

Bidding - Specifications 101

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Specifications are an intrinsic part of obtaining bids. Well written specifications can lower the cost of projects at BLMH and assure quality. Poorly written specifications can increase the costs and lower the quality of the various projects. Specifications, therefore, determine how unit owner's money is spent on the various projects funded from our reserves. So knowing a bit about the purpose of specifications, the bid process and the issues faced by the board when preparing specifications and soliciting and evaluating bids, is a useful part of being a unit owner. When you attend board meetings, and the board members are discussing or arguing the merits of specifications, bids and so on, some background knowledge will put you, the unit owner, on the same level as they are. Further, when things go wrong, and they invariably do, it is useful to know the how and the why. As you can probably guess, I am a proponent of the "Murphy's Law" school of thinking, which can be summarized by "if bad things happen, it will always be at the most inopportune time". Good specifications are an aid at keeping Murphy and his law at bay, but there is no guarantee. The bid process, politics and poor judgment can undo any specification, no matter how well written.

There are extensive articles and sources for the writing of specifications. For example, construction specification writing is taught at colleges as part of the engineering curriculum, and engineering societies such as the ASCE and ASME provide books and tutorials on the subject. The following is based on my personal and professional experience. I am not involved in the specification and bidding processes at BLMH and so I cannot vouch that our board adheres to the following. However, the process must be similar to what I describe, but may not adhere to all aspects of what I describe.

It is very important to keep the goal of the specification and the bid process in a tight focus. That goal is to select the bidder who is best able to provide whatever has been specified, at the agreed upon price and completed on the specified date, with no disputes and no litigation. If there is dissatisfaction with the result, it is just as likely to be the result of a lack of quality in the specification, or a flawed bid process, as the quality of the supplier.

The quality of writing of specifications will determine who can bid, will define the scope of the work, the types and qualities of materials to be used in the project, the qualifications of the bidder, the qualifications of workers on the worksite, the timelines for the project, final documentation to be submitted upon completion of the project, approval documents and procedures, the payment schedule and benchmarks for achieving payment, and even the selection process for the successful bidder. Various legal and jurisdictional bodies and local codes, national codes, OSHA and other worksite bodies will be cited in the specifications. Creditworthiness, insurance requirements, performance bonds and other financial aspects of the bidder will be specified. The methodologies for dispute resolution or mediation will be included in the specifications.

The lack of quality in specifications has been cited for contributing to many construction disputes. Most specifications are reviewed by counsel prior to issuance. To keep the technical language straightforward and minimize the use and cost of counsel, specifications are often segregated into the “legal” section and the “technical” section.

The specification will also include a bidder's questionnaire, which upon completion, is useful for determining the qualifications and quality of the bid. The questionnaire may include an accept/alternate signature area for each and every section of specification. An authorized officer of the bidder is to sign each of these, thereby agreeing to the specification as written, item by item, or providing a written alternate.

It is not unusual to work with suppliers during the writing of the specification. For construction projects, contractors, engineers and architects are the usual sources of specifications knowledge. However, contractors can bend the writer to use materials and techniques favorable to that specific contractor. There is nothing wrong with this, as long as the quality of the project is not compromised. A diligent writer of the specifications will be aware of this and will take steps to avoid producing a closed specification that unduly favors a specific supplier or contractor.

The specification is the first part of the bid process. The second part is the selection of bidders. The specification and other bid documents should clearly and concisely address the necessary qualifications of the bidders. That will discourage but not eliminate unqualified bidders from submitting a proposal. The reasons are many for clear and concise specifications. The time spent to prepare bids is costly, as is the time to review submitted proposals. “Time is money”; so too are credit worthiness investigations, etc. Litigation is to be avoided. "Burning" bidders will eventually reduce the number of responding bidders. It should be a goal to be as inclusive as possible.

The specifications meeting. A meeting with each bidder will address any questions or issues he or she may have, prior to their bid submittal. This may include a “walk through” of the property or area encompassed by the specification. Discussion of specifications is only held during a formal meeting for that specific purpose. It is advisable that tape or video recordings are made of the entire meeting and a list is made of issues and clarifications, and a formal letter of response to the bidder is drafted. This letter is kept for legal reasons; the discussion at the meeting can effectively change the specification. So the letter is issued. Once that all of the meetings with all interested bidders is completed, the various letters and meeting notes are reviewed. Formal “Addendum” to specifications are issued which address scope, material and schedule changes, either addressed during the pre-bid meetings or as a consequence of internal reflection. The goal here is to keep the playing field level and to assure that the specifications do reflect the desired final product or outcome of the project. Bidders sometimes provide worthy alternates to the original specifications. Such alternates can result in financial or time savings and a better result. Upon completion and issuance of the "addendums", the bidders will be allowed to submit their proposals.

The bid review. Once that bids are received, they are reviewed to determine if the bidder is qualified; i.e. meets the insurance, experience, financial and training qualifications of the bid documents. Bidders that do not are rejected. References are checked, other references, such as Credit Bureaus, the Better Business Bureau, the States Attorney, and county courts are checked to determine if there are complaints and the nature of pending disputes. The bid is compared to the specifications to assure that each and every item in the specification is addressed in the proposal. The goal here is thoroughness and completeness. One of the causes cited for contract disputes is ambiguity. The bidder interpreted something in the specification in a manner inconsistent with that of the specifications writer. Exceptions, alternates and omissions, if any must be reviewed during the bid review process. Some exceptions are an improvement to the specification, others are not.

After review of the bidder’s documents, the top three bidders are selected for final review. The basis for selection is formal and will include price and the comparison of the bid to the specification but may also include previous experience with the bidder, adherence to specification, ambiguity in the bid, qualification issues, bidder recommended alternatives, etc. A separate internal document should be prepared prior to opening of the bids. That document defines and assigns a weight to each aspect of the selection process. This avoids or minimizes internal disputes and disagreements. It may provide for the rejection of the lowest priced bid, unless there are predefined circumstances.

Many aspects of specification writing and the bid process are subjective. In the world at large, specifications can be and are written to exclude certain bidders. Bids are frequently not sealed, or are “leaked”, which is to say, the bid of one contractor is given to another, favored contractor. Of course, there are ethical and legal issues here. But we are dealing with sometimes large sums of money, the predisposition of the association and board members, and of course, with human nature. Greed and anger are powerful forces in human beings. It is very difficult to eliminate these problems. Sealed bids can help, but there is nearly always the opportunity to manipulate the bid review process and to provide the opportunity to alter a bid. It has been said that “where there is a will there is a way”.

In my experience, the best deterrents to bid manipulation is the quality of the initial specification coupled with the sealed bid process and not allowing re-submittal of bids. Preventing re-bids in such a situation will guarantee the best initial bid. Bidders really do put forth their best effort when it is known that there will be one, and only one, opportunity to bid. Re-bidding is to be avoided. Some will say that contractors or suppliers, eager for work, may provide a better second bid by eliminating “fat”. On the other hand, a high initial bid often is a symptom of an unqualified or careless bidder. A lower re-bid may be an attempt to get a job at a price that seems doable, but may not be. It has been said that "if it seems too good to be true, it usually is".
Of course, there are times when a project is bid out and upon opening of the sealed bids, it is determined that all of the prices are high! This can be the result of volatile commodities prices, a very tight worker supply, issues with specifications or unachievable completion dates, requiring extensive overtime. In those rare cases, revision to the specifications and re-bid is possibly the only solution. However, the work accomplished in the pre-bid meetings should avoid this type of problem.

Part of the bid process is the determination of suppliers or contractors to whom to submit the specifications; that is to say, to determine who to invite to bid. That goes beyond the scope of this post.

Defining the scope of the work is perhaps one of the more difficult parts of specification writing. Doing so defines the task to be performed by the bidder. If the job is a multi-discipline one, such as overall maintenance, then defining that scope of work can be an arduous task. Ambiguous or general language simply defeats the purpose of the specification and allows the bidder to interpret the work as he or she sees fit. This leads to disputes and cost over-runs, or "extras". Similarly, overly restraining scope documents may exclude aspects of the work or define and prescribe inefficient methods, also resulting in cost over-runs.

Finally, I suppose I should point out that the goal of the bid process is not always to select the lowest bidder based solely on price. The price is determined by the specification. If that were not true, then the next time we purchase a new automobile, we would be driving a Geo, Yaris or other automobile costing less than $10,000. The next time you drive through BLMH, make a note of the automobiles that people own, and then check their price. You will see what I mean; it isn't always "just about the money", no matter what people sometimes say.

Note: This is the first of several posts on specifications, bidding and contracts at BLMH.

Upcoming Posts

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Here is a list of some of the upcoming posts. If there is a topic you are interested in, send me a comment, or an email!

  1. Opinions, Assertions, Comments and the Agenda.
  2. Specifications. The how and the why of specifications, and how they influence and affect potential bidders, active bidders and the unit owner. (Part 1 on April 9, 2009).
  3. What does it mean to be a "unit owner"?
  4. Notes for the Board Meeting of April 9, 2009.
  5. More on critters at BLMH, including critters that eat critters!
  6. Report Card - Six Months under the ROC agenda.

Tuesday, April 7, 2009

Official BLMH Blog is Now Available

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I received my April newsletter today, and it included information about the new BLMH homeowners association blog.

This is the link:

http://briarcliffe.wordpress.com/

Sunday, April 5, 2009

Squirrels

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This was sent by "Bill" an interested reader. Enjoy!

Nature Bulletin, No. 5 March 10, 1945
Forest Preserve District of Cook County
Clayton F. Smith, President
Roberts Mann, Superintendent of Conservation

SQUIRRELS
Take a good look at the next squirrel you see. Watch him come, head-first, down a tree; and notice that his hind legs have a sort of swivel joint at the ankle so that his sharp-clawed feet can be turned completely around. Notice the tiny button "thumbs" between which he holds the bit of food he eats. Notice that his eyes, like those of rabbits and other vegetable-eaters, are placed at the sides of his head so that he can watch for his enemies: the cats and hawks. Compare them with the forward-looking eyes of the meat-eaters such as the cat, the dog, the hawk and man himself.

The squirrel's tail is his most noticeable and perhaps his most useful possession. Few animals have a tail with so many practical uses. The squirrel is the gossip of the woods and with flicks of his tail he punctuates all that he has to say. His tail serves as a parachute in his daring leaps and to break the rare, accidental falls; also as a balancer when he runs along a narrow branch. It is both his blanket and his sunshade.

The squirrel's teeth are also highly specialized and designed for the kind of food he eats. He belongs to the very numerous "chisel-tooth" tribe known as the RODENTS, which includes the rats, beaver, porcupine and others, whose front teeth consist of two incisors in the upper jaw and two in the lower. (Incisor is from a Latin word meaning "to cut"). These teeth have a fine, sharp, chisel edge suited for gnawing through nutshells, grains, seeds and other hard vegetable material. They never stop growing. Only constant use keeps them short and sharp. A lack of hard nuts or other material upon which to gnaw, prevents this wearing down and the teeth become so long that they cannot eat. The teeth of pet squirrels can be clipped; otherwise they may actually die of starvation.

Nuts, seeds, wild fruit and berries are a large part of the diet of squirrels. In winter, much of their diet is made up of hibernating insects and their larvae found under the bark of trees; also the juicy buds of trees. But squirrels bury food in the ground, in preparation for winter; one nut or acorn or seed in each hole. During the winter they seem to locate these stores by smell, and dig them up.

Squirrels prefer a winter den in a hollow tree but occasionally find an opening and make their home just beneath the roof of a house or barn. Occasionally, where no suitable den can be found, a pair of squirrels will build a "dray" or nest of twigs and leaves, lined for winter with leaves or shredded bark. In the early spring four to six young are born, naked and blind. For ten weeks they are dependent upon their mother's milk. Not until they are weaned do their tails fluff out, and only then are they ready to venture into the world. The whole family usually moves to summer home or "dray" built of green leaves, in order to escape from the soiled and flea ridden den. By summer or early fall, the young are ready to shift for themselves and the mother may raise a second family.

There are two kinds of squirrels in the forest preserves: the fox squirrel and the gray squirrel. The little red squirrel, or chickaree, is no longer found in Cook County but can be found in the Indiana Dunes State Park. The fox squirrel is the more common of the two, being found all
over the country wherever there are trees. They have yellowish faces and yellowish underparts; their backs are covered with reddish-brown fur tipped with gray. The gray squirrels are smaller, have whitish or light gray faces and underparts darker gray backs, and are found more in the north and northwestern parts of the county. The two kinds are quite different in temperament and each has its own kind of calls and chatter. Squirrels have a very small home range and may spend their entire lives within an area no larger than five acres -- often much smaller. Some squirrels attain an age of from 6 to 10 years.

The bite of a squirrel is NOT poisonous but, like any small, deep wound that is difficult to clean and sterilize, it may become infected. In some parts of the country, rabies has been found in squirrels as it has been found in coyotes and other wild animals., but it has never been found in squirrels in this part of Illinois.

Bob Becker, outdoor sports-writer, has reported this winter that numerous gray squirrels in the north shore suburbs show signs of a bad mange epidemic. The Illinois Natural History Survey has observed the same condition on fox squirrels in other parts of the state. The Survey naturalists say this is not mange and not a disease, but an infection called "scabies". It is due to a skin parasite known as mites and is most common among old, weakened animals. It is more common in cities where dens and proper food are more scarce than in the country, and
where there are so few natural enemies that the squirrel population tends to grow too large. It also is apt to be more common after severe winters such as this one, probably because the squirrels are weakened by prolonged scarcity of food and by having to stay inactive in their
dens.