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

Wednesday, December 31, 2014

Oops - Email is working again

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Oops, turned out my ISP had put one of my email accounts to sleep, but didn't inform me of this.

Sorry to those who attempted to reach me via the email link on this blog. I've fixed the problem and my email now works again.

My thanks to Karen for sending me a comment in which she pointed this out.

I guess having my email working will be a fine way to start the new year right!




Monday, December 29, 2014

As 2014 Draws to a Close

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How long ago May seems to be, but that is an indicator of our short termed nature.

Here we are on Sunday, December 28th and another year is rapidly setting as with the sun.  This provides an opportunity to reflect on my good fortune and the past year.

Yes, it has certainly been another interesting year. In slightly over 12 months we trekked about 10,000 miles across a good part of this country. I also spent business time from California to New York with other stops of a week or more at a number of states in between. And of course, there were my duties and obligations at BLMH.

Here at BLMH it was another drama laden year with the ongoing developments of the owner fireplace fiasco, the harsh winter of 2013-2014, the dash to complete eight large roofs, the replacement of the bridge on Thames but not the patio, stream repairs and of course, the culmination of four years of effort to get the north half of Lakecliffe replaced, which ended with an intense press to get this done. We even have a very, very modest fee decrease for 2015 via a cliff-hanger board vote with four in favor! This fee would not have happened if we didn't have a fully staffed board.

As I write this a sunny, but chilly day of 35F is drawing to a close. Not at all bad for this time of year, and nary a snowflake on the ground. Great weather for visiting family and friends.

This Year Didn't Simply Occur
This year was a culmination of about 10 years of constructive effort. It didn't simply happen. Some things I began in 2005 finally concluded after years of effort. I suppose I could say these things came to fruition, having been nurtured for a long time. That's the way it sometimes is. The economic meltdown of 2007-2008 certainly didn't help and some things I had underway took longer to complete than planned. In 2008-2010 there were some really angry and mean-spirited people who dumped their personal issues, problems and failures on anyone who was close. Some of this happened at BLMH but I encountered much bitterness elsewhere.  I suppose that is the way it may be when we feel we are trapped in our lives and lack the capacity for action.

I am happy to be at this particular place in my life. I see opportunities and have done what I can to create them. Now to step into them and create others. Living our lives presents choices and opportunities. I think it's a good idea to create those we can in a responsible way and then seize the moment when opportunity does present itself.

Looking for Community
That has always been a desire. However, community also is not something that simply occurs. I've travelled extensively and lived in many communities in the U.S. and so I speak from personal experience. Community doesn't occur naturally and effortlessly. It too is something that must be created. Clearly, there has been some confusion about the nature of the BLMH community. For those who live here it is not merely an investment, or an apartment complex. It isn't a retirement village. It is a unique "city within the City" which is aging and not very gracefully. I think I've successfully recognized what it is and I've honored what it is. That means I've operated consistent with that reality. Simply stated, I think it's a good place to live, had fallen into disorder and is a better place today. I suppose the one real surprise was the attitude of the owners about the board, the lack of interest in participating and the demand of a few that the board make it work "no matter what.". From my personal experience, I was surprised by this. Such is the nature of some communities and ownership in our society.

On a personal level, I was able to connect with my extended community in 2014. I was also successful at creating another community which is the direction I am going in. I was also able to redefine the nature of my relationship with business, various relatives and here at BLMH. Doing so has been a desire and I'm pleased to have accomplished this.

Doing these things creates opportunity in one's life. That's my opinion.

This section of the post is entitled "Looking for Community" and that begs the question, have I found a community?  I have the view that I live in a community and I always have. It will be what I make of it and my extended community includes Wheaton but I am also a member of a business community and then there is my family community and a community of friends. There is also a community of fellow travelers.

The Bottom Line
I'm glad 2014 is drawing to a close and nearly over.


Wednesday, December 24, 2014

Water Rate Increase January 1, 2015

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From the City of Wheaton. The cost of water will increase on January 1, 2015. How much will this cost us in 2015?

Current water rates include a monthly service charge. To quote the City of Wheaton, "water customer bills now include a service fee, which is a flat monthly charge that is based on the size of each customer’s water meter." According to Wheaton's published information, the fee for customers with meters from 5/8" to 3/4" will increase from $9.38 per month to $13.59 per month, which is about 45% more. In addition, water rates per 100 cubic foot (100 c.f.) will increase from $4.49 to $5.05 or about 12.5%.

Using the new fee and the new water rates, the bill for a customer who uses 500 c.f. per month will increase from $31.83 per month in 2014 to $38.84 per month in 2015. That's an actual increase of about 22% in 2015.

Your actual bill will be calculated by adding the usage plus the monthly service fee. Here is the published rate chart:



2015 Water rates and fees
Rate per 100 c.f. - $5.05
Meter Size
Monthly Service Fee
5/8”
$13.59
5/8” x 3/4”
$13.59
3/4”
$13.59
1”
$27.18
1 ½”
$54.35
2”
$86.96
3”
$163.06
4”
$271.76
6”
$543.53


Here is Wheaton's bulletin on the rate increase:



Water Bill Increase Begins in January

To support infrastructure improvements and to offset the increase in the amount the City of Chicago and the DuPage Water Commission will charge Wheaton for water, Wheaton’s water rate increases on Jan. 1, 2015. The rate the DuPage Water Commission charges Wheaton for water increases 17% on Jan. 1, 2015.
The water use rate will increase from $4.49 per 100 cubic feet to $5.05 per 100 cubic feet on Jan. 1. While the service fee differs based on meter size, the fee for most Wheaton customers will increase from $9.38 per month to $13.59 per month. The specific increases for each water meter size are reflected in the tables in this section of the City's website. Nearly 90% of Wheaton customers fall into the first three meter sizes (5/8-inch, 5/8-inch by ¾-inch, and 3/4-inch). The typical user’s bill, with a ¾” meter and 600 cubic feet of usage, would increase from $36.32 per month to $43.89.
For more information about water billing changes, see the City’s website atwww.wheaton.il.us/waterbill.
City of Wheaton Posted Date: 12/19/2014 2:27:09 PM

Thursday, December 18, 2014

Financial Planning for Retirement

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Financial planning isn't my expertize; I earn my money another way. However, recently I received a request for some help in that area. Here is what I provided to that individual. Disclaimer - I'm not a financial professional.

Financial Planning for Retirement – Checklist for those within 10 years of retirement
As we approach retirement we should look at our financial plans and make adjustments. Once in retirement, income from employment is replaced by income from pensions or social security plus the draw-down of our savings and retirement investments.  This may require changes in spending habits.  
It is helpful to review our financial plans and then to make adjustments prior to retirement. Earlier is better than later simply because we have time to adjust our spending and savings. Retirement at 65 means it is possible to live for 30 years in retirement, with our only income from pensions and various savings. Retirement offers new possibilities, and most experts recommend we plan and prepare for that 30 years in retirement.  What are we going to do for 30 years? What will it cost? How will we deal with old age health issues? Where will we live?
The early retirement years may offer travel and other possibilities while we are relatively young and healthy. These things can be costly and must be planned for. Our health in later years will degrade and we may see less opportunity for travel, etc. and much higher health care expenses. These possibilities should be included in our financial plans.
Many experts recommend that we retire debt free. In other words, pay down our mortgage and other loans prior to retirement. However, personal situations do vary. Here are a few things to consider:
Financial Liabilities which will require retirement income:
1.       Mortgage
2.       Student Loans
3.       Credit card debt
4.       Auto or other loans
5.       Taxes on income
Basic Living Expenses In Retirement:
1.       Mortgage and real estate taxes or rent
2.       Condominium or HOA fees
3.       Homeowners or Renters Insurance
4.       Long Term Care Insurance or special savings for this purpose
5.       Utilities (gas and electric)
6.       Phone
7.       Groceries
8.       Household expenses
9.       Clothing
10.   Auto insurance, gasoline and repairs
11.   Health Insurance premiums
12.   Out of pocket dental and medical expenses
Discretionary Expenses in Retirement
1.       Entertainment
2.       Cable TV
3.       Dining out
4.       Travel and vacations
5.       Smart phone and other electronic packages
Unusual Retirement Expenses
1.       Unusual trips or purchases
2.       Unusual Medical costs
3.       Home maintenance expenses (furnace and HVAC, fireplace, water heater, roof, windows, exterior trim, bathroom and kitchen fixtures, plumbing, appliances, etc.)
4.       Emergencies
Life Insurance. Insurance is one of the realities of modern existence. Most of us have life insurance. Approaching retirement it is prudent to re-evaluate our insurance needs. Life insurance is generally purchased to cover large financial liabilities in the event of our death. As we reduce our financial liabilities, life insurance requirements may become much smaller and we may be able to reduce our life insurance needs. Things for which we might want the proceeds of life insurance in retirement include:
1.       Mortgages
2.       Student Loans
3.       Other debts
4.       Funeral costs
5.       Additional funds for surviving spouse
Long Term Care Insurance. According to the U.S. Government Department of Health and Human Services “70% of people turning age 65 can expect to use some form of long-term care during their lives. “ Long Term Care Insurance or LTC is an important aspect of retirement planning. Here are some websites that can help:

Click to go to New Window> http://longtermcare.gov/

Click to go to New Window> http://www.aaltci.org/


Longevity Insurance. As the human lifespan is extended, there is a possibility we may outlive our financial resources. After completing our financial plan if that is a possibility what to do? Some 401(k) or 403(b) plans allow the purchase of  a deferred income annuity. On July 1, 2014 the U.S. Treasury Department and IRS announced tax rules that would allow the use of up to 25% of their 401(k) or IRA balances to purchase a deferred income annuity. The goal of these annuities is to provide a lifetime income stream later in life. “A longevity annuity is an income stream – a type of “deferred income annuity” – that begins at an advanced age and continues throughout the individual’s life.”
Financial Assets Available as Income in Retirement. These should be considered:
1.       Pension
2.       Social Security
3.       Savings
4.       Retirement Accounts – 401(k), 403(b), IRAs and Roth IRAs
5.       Annuity
6.       Other (rental income, etc.)
Financial Planning 101. Planning for a 30 year retirement is not a trivial exercise. Here are a few things to consider:
1.       What will be my annual basic expenses at the age of 65, 75, 85 and 95?
2.       What will be my sources of income and the amounts at the age of 65, 75, 85 and 95?
3.       What will be my discretionary spending each year from 65 to 75? What about thereafter?
4.       Where will the money come from?
5.       Will there be enough to support my retirement plan?
6.       Have I included inflation in my plans? Have I included reasonable returns in my plans for my retirement accounts?
7.       Have I considered rising health care costs as I age?
8.       Have I considered unusual expenses, my health and my family’s health history in making my plans?
9.       Do I have a long term care plan?  Do I have the necessary funds for this?
10.   When will I draw from my retirement accounts? At present, the Internal Revenue Service requires that we each draw from our 401(k), 403(b) and other IRAs, but not our Roths beginning at the age of 70-1/2.  IRS Publication 590 “Individual Retirement Arrangement” provides detailed information.

Sunday, December 7, 2014

Planned or Programmed Maintenance versus Emergency Maintenance

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I advocate a combination of Programmed Maintenance and Delayed Maintenance. Deciding where and when to apply these approaches may be impossible for a board. There will always be emergencies for boards, management and maintenance to deal with. It should be preferred to replace emergencies with anticipatory action.  In other words, I prefer more programmed maintenance and less delayed maintenance.

Some might call this "proactive" behavior, but that word has been overused and requires a definition here. Proactive behavior by individuals refers to anticipatory, change-oriented and self-initiated behavior as a response to situations. Proactive behavior requires acting in advance of a future situation, rather than reacting after that situation has occurred. It means taking control and making things happen rather than adjusting to a situation or waiting for something to happen. Proactive individuals and groups do not need to be asked to act, nor may they require detailed instructions.

I could have also entitled this post "Look Before You Leap" versus "He Who Hesitates is Lost". These two idioms summarize the problem faced by boards. Owners may choose the idiom of choice to criticize any board action, or boards may paraphrase these to justify action taken or not taken. Of course, both can't be correct, or can they?  How long can maintenance be delayed while serious problems are avoided? Are we gambling? Do we feel lucky? I suppose we could ask Dirty Harry:



Delayed Maintenance
Previous boards have stated an overwhelming preference for delaying some maintenance as long as possible in the interests of saving money and growing reserves.   It seems there is a preference to be a reaction to events. Are there advantages to this approach? Here are a few pros and cons.

Pros of Delayed Maintenance:
  1. Delaying will defer the spending of money. 
  2. Delaying may create lower current fee levels, as financial requirements are passed to future owners at the time maintenance occurs.
  3. Deferred spending will create larger than expected bank balances. This may be only a facade of better finances and might be deceptive. 
  4. Allows the board to pick and choose projects, etc. 
  5. Allows the board to micro-manage most aspects of maintenance and capital spending. Provides boards with more power and decision making opportunity. Some boards or board members may prefer this. 
  6. Allows the board to select winners and losers in the association. Some boards or board members may prefer this.
  7. The planning workload of the board may be reduced. Frequent and regular surveys and inspections of infrastructure is replaced by owner complaints, observations of management and maintenance workers.
  8. "Out of sight, out of mind" might become the method of choice. 
Cons of Delayed Maintenance:
  1. Delaying maintenance defers the day that money will be spent. Bank balances may temporarily grow, but so too will maintenance obligations for the association. Spending is only delayed; it cannot be eliminated while simultaneously maintain the association.
  2. Delaying will create a backlog of issues to be resolved at some time in the future. These are passed to future boards. This may create a minefield for future boards. 
  3. Delaying may create large future fee requirements if current fees are held too low by deferring maintenance and reserve funding. 
  4. Delaying requires better financial, project management and cost accounting controls.
  5. Delaying may create more breakdowns and stress boards and create upset owners.  
  6. Delaying may create more emergency situations because the operative approach is "Don't fix it if it isn't broken." In other words, wait until it breaks and then allocate the resources. 
  7. A higher skill level on the part of boards is required to avoid delaying too long or beyond the point of no return. Who really knows what that point is? 
  8. Delaying too long will overwhelm the board, management and workers with a myriad of priority tasks. 
  9. Delaying may overwhelm contractors and maintenance workers with emergency situations. 
  10. Delaying may create unusual spending requirements. 
The Programmed Alternative
The association has since 2010 had a reserve study and/or an update. The studies provide extensive lists of overall infrastructure conditions, recommended projects and timetables to deal with infrastructure decay, and a funding program. The reserve studies are a tool to facilitate proactivity by the board and planned maintenance activities. 

The approach advocated by the reserve study and by the experts is a programmed approach to capital projects in which funds are collected via fees, saved and then spent in a timed, programmed method so as to maintain the infrastructure of the association. 

Pros of Programmed Maintenance and Projects:
  1. Replaces complaint based management with planned maintenance. 
  2. Requires frequent and thorough infrastructure condition surveys. This creates a more informed board and redirects board activities from reactive to proactive. 
  3. Creates a more fair system in which owner complaints are no longer the major driving force and planned management becomes the driving force. 
  4. Reduces breakdowns and emergencies as "Don't fix it if it isn't broken" is replaced by "lifecycle planning."
  5. Smooths finances and provides alternatives to the board most years. "Emergency" is replaced by "planned priorities."
  6. Does not create future traps and minefields to ensnare future boards. 
Cons of Programmed Maintenance and Projects:
  1. May accelerate projects resulting in the spending of money a year or more earlier than absolutely necessary.
  2. Requires frequent, thorough and accurate surveys of all aspects of infrastructure. 
  3. Creating those condition reports requires a much higher involvement by boards and management. 
A Realistic Approach
I advocate a combination of Programmed Maintenance and Delayed Maintenance. There will always be emergencies for boards, management and maintenance to deal with. It should be preferred to replace emergencies with anticipatory action.

I am of the opinion that the only way to prudently apply a delayed approach is to do annual surveys and create condition reports. At BLMH this did not happen for a variety of reasons. To do this requires "feet on the street" and annual report updates. It requires frequent board discussions. It requires people on the board who are willing to do this. It can be a lot of work.

It also requires boards which are willing to appropriately spend the money that is being collected as reserves. Should we only replace entry doors after they fail, or streets after they become minefields, or garage floors after they become gravel or roofs after they leak? I think not. 

Saturday, November 22, 2014

A Fee Decrease

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The HOA newsletter for October-November has an article which announced the decision of the October 19 association meeting. The proposed budget was mailed to all owners, and a very few attended the October and November association meetings to ask questions.

The budget passed, but it was not unanimous. In October the proposed budget, which included an approximate 2% fee decrease passed 4-3. In November, after owner opportunity to comment, the budget passed with a board vote of 4-2, with one board member absent.

Why Wasn't the Vote Unanimous?
The budget included a Operations&Maintenance increase but also a reserve funding decrease. When combined this resulted in a 2015 fee decrease for owners. An overall fee decrease was apparently a problem for some on the board.

There are two parts to determining a realistic budget. The first is identifying costs. The second is determining funding for the budget, via fees. For a time this HOA did a very good job dealing with the budget for Operations and Maintenance, and managing O&M costs. Boards had greater difficulties with the reserve funding, which was at one time called the "replacement fund." As I noted in my October 6, 2014 post: "the average monthly fee for reserves.......increased with leaps and bounds at an average rate of about 10% annually from 2002 to 2014." That was to make up for previous under funding.

I think the memory of that and the pain inflicted on some board members by angry owners because of alleged "high and unreasonable fees" remains with some of the board to this very day. Boards have also been generally aware that small fee increases are easier for owners to deal with and plan for than 0% one year and 7% the next. Boards have been opposed to special assessments for decades and that remains unchanged. The combination of these concerns is probably a motivating force. But should a board member be motivated by fear and anxiety, a concern about making a mistake, a concern about looking bad, or looking good for that matter?

What's Real?
Putting fear and emotion aside, what would be the driving force for a board?

Some of the board decided an overall fee decrease was appropriate at this time and this approach passed for the 2015 budget. This was hotly debated. I used the numbers. Owners who have attended meetings for the past several years are aware of ongoing discussions about reserve funding and more recently improved cost accounting. Speaking only for myself, I scrutinize the reserve collections, reserve accumulations, project costs and completion levels.

It goes beyond this post to go into the mundane but important details of our reserve funding and capital projects. However, it's impossible to do a budget if capital expenses are ignored or grossly understated or overstated.

I've taken the time to prepare timely updates of project completion, projected reserve balances and reserve status including all anticipated projects. This has been provided ad nauseum to the boards. That includes projects anticipated but not completed and those not yet begun. Boards do, in fact, have an obligation to adjust project schedules to meet current realities. (Note 1).

What Was the Basis for My Budget Vote?
Here are the primary factors I considered in making my decision and vote:
  1. 2011 Reserve Study.
  2. Actual reserve balance and anticipated 10-15 year future balances.
  3. Project completion information.
  4. Condition of the Common and Limited Common Elements.
  5. Operations & Maintenance requirements for 2015 (Note 6).
  6. The financial impact on owners.
I've published some of the information here about the reserve study and our success in completing projects at or under budget. The board had been made well aware via my frequent status reports.

So how have we done? Some projects have been extended. That was prudence in part, because of an inability to do more than eight roofs in a single year. This is in part because of simple logistical issues, and board disagreement about the urgency or timetable for other projects.

In another post I'll go into greater detail about two different philosophies. One is "wait until it breaks and then fix it" while the other is "scheduled replacement." In fact, I am an advocate of a hybrid approach. More on that in the future post.

What About the Reserve Balance?
Currently, we are several hundred thousand dollars ahead of where we should be. That does include the following factors:
  1. Percentage completion of projects underway.
  2. Projected amount spent as of 12/31/2014 on projects underway.
  3. Amount remaining to be spent on projects underway.
  4. Amounts unspent but allocated to projects which were anticipated to be underway 2011-2014 but are not.
  5. Early project completion, which reduces future requirements. 
  6. 2011 Reserve Study Anticipated Balance as of 12/31/2014
  7. Actual anticipated reserve balance as of 12/31/2014.
What about the Condition of Common and Limited Common Elements?
I've provided owners with a list of items replaced or maintained. Such work is as required by the Illinois Condominium Act. That list for the period fall 2010 to the present was included in my "candidates form" which was mailed by the association to each owner. I also included a partial list here in an earlier blog post dated October 2, 2014.

One of the significant things I've accomplished was in cataloging the condition of many common and limited common elements which had not recently been cataloged or had been ignored. Common elements and limited common elements should be inspected and condition reports updated every three years, wouldn't you agree? Of course, maintenance does do annual work and reports serious conditions. But what about condition reports for slowly aging concrete patios, garages, driveways and streams, etc.? What about rating each of these so we get some idea of their condition and future maintenance needs or schedule requirements? To do this requires man hours and shoes on the street. A failure to do this reduces the time burden on boards and conveniently allows problems to go unnoticed unless an owner complains. This fits well into a philosophy which is "if we don't spend it, we don't have to collect fees for it." Some owners seem to prefer this also, apparently believing fees are lower if only the complainers are taken care of. (Note 2).

Boards have difficulty keeping up with these things. As I stated in earlier posts, a failure to create complete and impartial condition surveys may have negative consequences. Some items may be overlooked or allowed to fall into disrepair. Owners who complain may be taken care of while others are ignored.

I deliberately published a pro-active approach in the May, 2011 association newsletter. I wanted owners and the board to understand that I was serious and impartial in my approach to maintenance in this HOA. During the past four years, with management's assistance, here's a partial list of the things I've personally surveyed and inspected since the fall of 2010. Is this important? Well, if one really wants to understand the condition of a large HOA, there is only one way. Get out and walk the entire property, tabulate condition reports, pay strict attention to reserve studies and compare all of these to see if reality meets opinion. Here's my partial list:
  1. Roofs, annually
  2. Concrete patios.
  3. Garage floors semi-annually.
  4. Driveways, annually.
  5. Walks, annually.
  6. Streets, annually.
  7. Streams.
  8. Benches and retaining walls, annually.
  9. Entrances.
  10. Drainage including soil levels around all buildings.
  11. Standing water on walks, etc., annually. 
  12. Project cost accounting and reserve funding analysis, annually. 
This is over and above the numerous inspections done by maintenance and complaints by owners, which go into the work order system. I can assure the reader there are valid reasons this did not happen in earlier years. One reason is that to do this is really a lot of work. Another was the unwillingness of the owners to provide the board with necessary resources. What do I mean? This HOA had understaffed boards for years, or boards included some members who did little or nothing other than to vote. Harsh words, but true. There is no question in my mind that some owners at BLMH deliberately undermined earlier boards for the sole purpose of keeping fees "as low as possible." What were the possible motivations? Here are a few possibilities. Some did so to promote a sale of their unit. Others did so to keep their personal expenses as low as possible. Some did so because they were told "we have enough money" and refused to check the numbers. Others did so because they wanted to keep their more forceful friends happy. It was owner collusion and boards acquiesced. (Note 3).

What About the Financial Impact on Owners?
It's no secret our owners face an unexpected multi-thousand dollar expense to remove or replace their fireplaces. Let's consider these realities at BLMH:
  1. We do have delinquencies above 10%. (Note 4).
  2. We have experienced bankruptcies or foreclosures every year since 2009 (to my knowledge).
  3. Nearly every owner faces a fireplace removal or replacement, costing perhaps $150 every month for two or more years. That's a personal, unexpected expense for about 95% of our owners. 
I can only surmise the impact of these things on owners. I assume owners in arrears for fees by more than $100 are possibly under some financial distress, I also assume that a completely unexpected fire-place removal expense of perhaps $150 per month for several years will place a financial burden on owners.

One thing I do also consider is the financial impact of a foreclosure on all owners. This HOA recognizes noncollectable "bad debt" and that is made up via the fees of all other owners. Even a single foreclosure in the HOA of 336 does have a negative consequence on the fees of the other owners. For example, $10,000 distributed among the other owners is an additional cost of  about $30 for each owner.

Knowing All of the Above, What Should a Board Member Do?
First and foremost, I consider owners to be shareholders. As a director in the corporation they own and as a fiduciary, what would be an appropriate board member decision with all the facts available to me?

I decided a fee decrease at this time was appropriate and I presented my arguments for this. Will I make the same decision next year? I cannot say because my October, 2015 vote will be based upon all of the facts presented to me and also those which I independently uncover. My vote in 2015 will also be that of a fiduciary acting on behalf of all owners, with no consideration to my personal wants, needs or desires. Should it be any other way?

What if the Board is Wrong?
I say that because what if the future shows otherwise? What about the possible fears of board members to "get it wrong?" That's a reasonable concern for a board member and I assure the reader it was so for me. Could getting it wrong possibly result in large, future fee increases? It that really a possibility?

Let's do some numbers, shall we. Let's assume the board reduces the contribution to reserves by about 12% for two years.  I don't have any idea about the 2016 budget, but let's use two years to exacerbate the possible consequences.

After two years, let's assume the board decides it must make up those funds. In other words, it is determined we do need those funds for reserves. What to do? Here are two possibilities:
  1. Delay or extend some non-critical maintenance. 
  2. Increase the fees toward reserves.
In fact, boards at BLMH have been doing item 1 above for decades and sometimes in my opinion, to excess. It's only after realistic funding of reserves that delayed maintenance, including garage floor replacements, etc. has been allowed to proceed. Since 2011 one issue the board is grappling with is the replacement of all front doors, entry lighting, ceramic floors in the entrances and mailboxes. At $400,000 this is not a trivial item.  It represents about 25% of our reserve savings. Another is the early replacement of streets. We successfully did a major street replacement in 2014, six years ahead of the 2020 schedule. Yet, the association has  several hundred thousand excess dollars in reserves. Excess funds I define as greater than anticipated reserves even when we consider the unspent funds for delayed capital projects. Should that be a current budget consideration? In my case, it was. Funds in reserve balances for delayed capital projects overstates the current reserves.  I deducted these from current balances and provided the results to the entire board and management. (Note 5).

So what about catching up, via item 2 above? Well, the reality is, this HOA could catch up to two years of reserve adjustments if for eight years there was a fee increase of about 0.3% annually and those proceeds were allocated to reserves. Boards don't have to do this in one or two years. We're accumulating reserves for some projects which will occur 5 to 30 years into the future. Boards should consider the current state of reserves and future targets when making these decisions. A failure to do so may result in "whiplash" fee changes. Here's Chart 2 from my October 6, 2014 post to illustrate (Note 6):



In other words, there are real options available to the boards, which includes what we do know about current funding levels of reserves combined with known expenditures for the next 20 years. I am of the opinion there is little budget risk to this association in 2015.  In other words, I am of the opinion that "knowing what we know" there is little current financial risk to owners in this HOA as a consequence of the 2015 budget decision. 

Recently, some board members and owners looked at the cash balances and said "We have enough money." The opposite may also be true. It is conceivable that a board member, facing the reality of planning for $12 million in capital expenditures over 30 years, might conclude "We'll never have enough money" and may act out of that. Both are flawed perspectives.  I suggest we do the numbers and be aware that the more distant into the future we attempt to plan, the more hazy the budgets become. No one can predict with absolute certainty what inflation will be 20 years from now, or the return on savings in 2034. Nor can we predict with absolute certainty the costs of capital replacements in 2035. What we can do is hire competent professionals and listen to them, double-check questionable items, do cost accounting, anticipate, assign possibilities and than plan for these while taking into account the impact on our shareholders.

In 2015 a reserve study update may indicate differently, or the situation may change next year or in 2017, etc. But I for one will act to deal with the consequences of such changes or a future study only after the study is thoroughly reviewed by the board and approved by the board. It is a balancing act. I point out to owners and the board that in some respects this is not the same association that existed in 2007. Yes, it is older. It also has significantly improved finances, nearly complete roofing and driveway projects, has replaced many aging common elements, has replaced one-half of the major street serving the complex, and has plans underway for walk repairs, stream repairs (some done annually in 2011-2014) and is moving forward with the replacement of the remaining streets. We have hired the surveyor so engineering plans may be made for the second half of Lakecliffe. This will allow this replacement to be done in 2015-2016 at the discretion of the board.

Yes, in many ways this is not the same association as existed in 2008. It will be interesting to see what develops another 6 years into the future. Let's hope owners provide full, competent boards and we do have those necessary shoes on the street.

Additional Information 

This is for those who want to know more, and provides a reference to the above post.

Board members are fiduciaries who act on behalf of all owners. All owners are to be treated equally and impartially, and the board is to budget for reserves. Finally, our association is operating under a 2011 reserve study and the Illinois Condominium Act including (765 ILCS 605/9) (from Ch. 30, par. 309) Sec. 9 (c) (2).

The Illinois Condominium Act
Here are some quotes from the Illinois Condominium Act and I have underlined several sentences. I use the ICA as one of several guides for my decisions as a fiduciary.

"...the "Reserves" means those sums paid by unit owners which are separately maintained by the board of managers for purposes specified by the board of managers or the condominium instruments."

"(765 ILCS 605/9) (from Ch. 30, par. 309) Sec. 9. Sharing of expenses - Lien for nonpayment.

(a) All common expenses incurred or accrued prior to the first conveyance of a unit shall be paid by the developer, and during this period no common expense assessment shall be payable to the association. It shall be the duty of each unit owner including the developer to pay his proportionate share of the common expenses commencing with the first conveyance. The proportionate share shall be in the same ratio as his percentage of ownership in the common elements set forth in the declaration.

(b) The condominium instruments may provide that common expenses for insurance premiums be assessed on a basis reflecting increased charges for coverage on certain units.

(c) Budget and reserves.
 (1) The board of managers shall prepare and distribute to all unit owners a detailed proposed annual budget, setting forth with particularity all anticipated common expenses by category as well as all anticipated assessments and other income. The initial budget and common expense assessment based thereon shall be adopted prior to the conveyance of any unit. The budget shall also set forth each unit owner's proposed common expense assessment.

 (2) All budgets adopted by a board of managers on or after July 1, 1990 shall provide for reasonable reserves for capital expenditures and deferred maintenance for repair or replacement of the common elements. To determine the amount of reserves appropriate for an association, the board of managers shall take into consideration the following: 
(i) the repair and replacement cost, and the estimated useful life, of the property which the association is obligated to maintain, including but not limited to structural and mechanical components, surfaces of the buildings and common elements, and energy systems and equipment;
(ii) the current and anticipated return on investment of association funds;
(iii) any independent professional reserve study which the association may obtain;
(iv) the financial impact on unit owners, and the market value of the condominium units, of any assessment increase needed to fund reserves; and
(v) the ability of the association to obtain financing or refinancing.

 (3) Notwithstanding the provisions of this subsection (c), an association without a reserve requirement in its condominium instruments may elect to waive in whole or in part the reserve requirements of this Section by a vote of 2/3 of the total votes of the association. Any association having elected under this paragraph (3) to waive the provisions of subsection (c) may by a vote of 2/3 of the total votes of the association elect to again be governed by the requirements of subsection (c).

(4) In the event that an association elects to waive all or part of the reserve requirements of this Section, that fact must be disclosed after the meeting at which the waiver occurs by the association in the financial statements of the association and, highlighted in bold print, in the response to any request of a prospective purchaser for the information prescribed under Section 22.1; and no member of the board of managers or the managing agent of the association shall be liable, and no cause of action may be brought for damages against these parties, for the lack or inadequacy of reserve funds in the association budget."

The 2011 Reserve Study
The study has recommended fee increases to build reserves and to fund current and long term projects. These are identified projects to occur in the period 2011- 2041.

The 2011 study indicated the following possible reserve balances, and by December 31, 2014 the study anticipated this HOA would have a possible reserve balance of $590,522, as show on the following chart. However, current estimates for the actual 12/31/2014 balance range from $1,500,000 to about $1,700,000.  In other words, this chart seriously understates the current financial situation of this HOA with respect to reserves and reserve balances. :


How can that be? How is it possible for this HOA to have such a large reserve balance, over and above the anticipated balance indicated above?

Answering this question was an important consideration for me in addressing the 2015 budget process. I took it upon myself to determine the answer to this question. In fact, this possible "surplus" grew slowly and I did monitor it. It was not a surprise and I've taken pains to figure this out and to keep the board informed since 2011. I have bluntly stated that I have a real problem passing fees and saving for any capital improvement the board may have no intention of doing.

So how did we achieve the current reserve balance, even with an early expenditure for Lakeliffe street replacement in 2014? There are a number of possible explanations, which together include:
  1. Collect funds but don't spend them in accordance with the plan; in other words, alter plans or delay projects. 
  2. Spend funds on projects which come in under budget
  3. Cost Accounting issues (balancing actual costs, or mis-allocating reserve projects to O&M)
  4. Gross errors in determining costs, etc. 
In fact, what has occurred has included numbers one, two and three. Boards have made annual decisions and some of those decisions have delayed, accelerated or extended some projects. For example, it's expected that building roofs can function well for 15 to 20 years. However, a variety of boards have made the decision to delay re-roofing as long as possible. As a consequence, the building which houses my unit will have a roof that is 22 years old in 2015. As another example, a major portion of Lakecliffe scheduled for replacement in 2020 was replaced in 2014.

Possible Concerns About Reserves and Annual Budgets
The annual budget consists of funding for Operations & Maintenance (O&M) for 2015. The budget also includes funding for reserves, and such funding recognizes capital projects for 2015 as well as those extending about 30 years into the future, in accordance with the 2011 reserve study.

Here's the problem facing each board member in a HOA. On principle, it's easier for everyone to deal with small fee increases than with larger ones. For the board it is easier to vote for a continuous series of incremental annual fee increases, than it is to go for 0% one year and risk the need to vote for 7% fee increase the next. For owners, there is also the opinion that it is easier for each of us to deal with small, continuous adjustments to fees than with fee increases that swing from 0% to 7%.

There are also concerns about long term funding of capital projects, via reserves. At present, it is relatively easy to determine reserve requirements for the next 10 to 20 years. Since 2010 there have been significant improvements to identify costs facing the association. We've identified most of the known problems. Only five years ago, there was no "contingency" fund for water main repairs and no contra fund in recognition of possible bad debts (un-collectibles). Five years ago when the board was asked about replacement funds for our extensive trees, the response was "they will last a long time."

Since 2011 this association has established a contra-fund for possible bad debts, a contingency fund and increased funding for replacement of trees and other landscaping elements. Each of those budget areas is ongoingly and annually funded.

In addition, we've tightened finances via the reserve studies. We have also created the distinction of funding reserves and O&M as truly separate entities. This is a really significant event. Its my opinion that in the past, boards focused on funding O&M so as to meet the cash flow requirements of the next year. I say this because of the condition of O&M budgets and the sorry state of reserves until 2010.

As I have noted in a recent blog post, the annual fee increase required to deal with O&M costs has been modest, about 1.5% per year from 2004 to 2014. The elephant in the room was the reserve contribution via fees, which over the same decade increased about 9% each year. That's where most of the fee increases have gone; to fund reserves. That's also why I have focused on reserve funding. That makes sense, doesn't it? Why agonize over an O&M budget that increases about 1.5% per year when the fees for reserves are actually increasing six times faster per year? But that is difficult to realize unless the budgets are separated. That is precisely why I have done so, and provided that information to everyone. Here is the chart which depicts the data available.

Chart 1:


Recent boards also established a minimum for reserves. On December 2014 this association was projected to have a reserve balance of $590,522, which exceeds the minimum. However, that balance is currently projected to be at least $1.5 million on December 31, 2014. How did that happen? Recent boards have prioritized projects and carefully administered projects. Doing so allowed actual capital expenditures on project completed to come under budget. Some project timetables have been extended, but with little or no discernible detriment. For example, roof replacement has been accelerated and so has drainage improvements, while accomplishing concrete patio, garage floor and driveway replacement, and even an unscheduled street replacement. Entry replacement has been delayed.

Is that a good thing? Well, as the voting owners here at BLMH ran the board off in 2008, What would you expect of a board member after that fiasco?  Let's look at it from the perspective of a board member. Would you, as a board member, risk the ire of the entrenched entitlement class at BLMH? That's merely a rhetorical question. I decided I'll do my best, period. We each can, in fact, choose our path in life and live by it.

So, What's the Problem? Why Would Some Board Members Vote to Yet Again Increase Fees?
For the past decade a variety of boards have voted for a more or less continuous series of fee increases which averaged about 4.5% each year. Seems straightforward, doesn't it? However, such an approach has increased the average owner fee at BLMH by about 50%, from $220 per month in 2004 to about $330 in 2014. Over that period, inflation was about 2.28%. My point? The "worst case" fee increase from 2004 to 2014 would have increased owner fees from $220 per month to $282 per month. But boards for several decades underfunded reserves. And that is my real point here. It's easy to make adjustments for one or two year over- or under- funding if one has a savings account and adequate reserves and a bona-fide reserve study.

We have one board member who has been active in the association as a board member for about 37 years, and we have another for 11 years. One of these was deposed in 2008 by owner backlash against fee increases. Board members are human beings and it is painful to be "run off on a rail" after serving on the board for 30+ years. So should we blame a long standing board member for playing it safe and preferring a small incremental fee increase, rather than a fee decrease?

Notes:

1. A few years ago, the board discovered that the replacement fund path this HOA was on would require a roofing project delay. This is supposition on my part, but it is a reasonable explanation for roofing and other project delays. It's my opinion that one of the reasons we have some roofs at BLMH which are nearly 22 years old and have not yet been replaced is because boards made such decisions because of the cash realities. Reserve funding that existed prior to 2010 was problematic. More recently, an issue has included the logistical problems of accelerating the roofing project because of the age of roofs. For example, attempting to replace 8 roofs in 2014, which we did while repaving half of Lakecliffe and a lot of other projects and maintenance repairs. Only five years ago, the board was planning a long term schedule of two roofs a year, which implied a completion in 2024 or so, with some roofs 31 years of age; that's 11 years beyond maximum service life, by the way. Even doing four roofs per year would have extended the project to about 2019, with some roofs 26-27 years old.  Some owners who received a new roof early in the queue seemed oblivious to the problem.

2. Related items accomplished included exercising all of the water main shutoffs on the property and preemptively replacing a section of water main before it could fail. That shift from "wait until it breaks" to "we need to take the unprecedented step and address the problem" was a huge shift for the board of this HOA.

3. Of course, when things go wrong those same owners who promote "Keep fees low" and "Take care of my issues" will turn on the board and say "How could you allow this to happen?" or "What are you going to do about this?"  I've seen this occur time and time again. It is fortunate that most owners don't practice this approach. But the few are noisy and persistent.

4. I can't state the cause of delinquencies. Some may owe a few pennies, some owners make a rules violation, fail to correct it and are fined. They may delay payment pending a hearing or satisfactory resolution of the violation. Others are simply late by one month's fees. I've attended association meetings for about 8 years. I can say that prior to 2010 the boards seemed reluctant to reveal to owners in the gallery the exact status of delinquencies. This changed in 2010 and the board has since prepared a monthly spreadsheet indicating the number of owners in arrears, the number of owners who owe the association more than $100 and the financial impact on all owners. This is discussed openly with owners in attendance. The identity of those in arrears is only discussed in executive session. It seems the number of owners in arrears began trending upwards after 2007. Not a surprise considering the panic and banking crisis of 2008.

5. Excess and unneeded are two completely different funding matters.  Excess funds are those above and beyond planned or anticipated expenditures. Of course, all funds collected will eventually be spent. However, I see no real purpose to charge fees to current owners which accumulate reserves above anticipated requirements. I also have some concern about accumulating fees for capital projects 25 or more years in the future, in particular if they are large amounts. To do so I'd want a much better handle on the real projected costs in 2039-2050. I suppose some could argue that this HOA should plan on saving for entire building replacement in 2050 at the age of  74. It could also be stated that human beings being human beings, a board 10 years in the future might decide to spend what they might consider to be excess funds on some frivolous endeavor. Really long term financial planning (20 and more years into the future) really is a difficult thing to do. I think it does require some balance. How much should current owners contribute to any 2050 plan? That's something boards here will have to really engage in from 2015 and into the future. Don't misunderstand me. I do not advocate this association return to the underfunding habits of the 1980s and 1990s.

6. Operations & Maintenance budgets are intended to be collected and spent in the same year in which collected. That has stressed previous boards. If a board under collects for O&M, it can run out of funds in the calendar year. I've been told that some decades ago this HOA "passed the hat" to cover snow removal bills. With little reserves, it was for good reason boards focused on the O&M budget. I've not doubt that some owners would have pressed for borrowing against reserves if there had been a $million or more in the bank. That's not a good policy. However, focusing on O&M annual budgets is one of the reason boards missed the big picture about reserves. This created the situations where our fee increase attributable to reserves recently went up 30% in one year, then down to a 0% increase the next, and was then followed by another 30% increase. This is not a simple task. But, as I stated in my earlier post "There is a Better Way." It's up to the boards of this HOA to figure this out.

7. It's difficult to change. One or more owners will always show up to quarterback and critique the decisions of the board and management. Some board members may be inclined to keep their head down and only do things when absolutely necessary because no one can ever say the money was spend needlessly.

8. It's sometimes easy to say "let's wait until it breaks." Yes, we really don't know how long those roofs will provide good service. Nor do we know precisely when a failed street will become a "minefield" of potholes. Some take that fact and use it to promote delay. What may blindside owners and even experienced board members is the simple fact that when breakdowns occur, they displace everything else. We don't have unlimited resources and an army of board members, committee members and maintenance workers to throw at these problems when they occur. Nevertheless, there are those who firmly believe this is a good way to run a HOA. To them I say, don't ever change the oil in your car or open the hood. Just drive it and see how far you get and for how long. And, by the way, when it breaks you will be the one to deal with your personal philosophy and this problem. I also say if that's the way one wants to live, then own an apartment or buy a house. You can wait until the roof on your home fails and then fix it in the middle of January.  I don't want to gamble with the well-being of others, but I have concluded that we really are a nation of gamblers who take inappropriate risks.  Living beyond our means, a failure to think long term and to save for our personal future is really gambling.

Wednesday, November 19, 2014

COD Update

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This post includes a link in the references to a recent Forbes article about $95 million in hidden spending at the college. The link, (reference 4) is at the end of this post.


An Announced Tuition Freeze
The College of DuPage has announced a tuition freeze. what does that mean? According to the COD website, for the fall term, 2014 the cost of a credit hour for a resident of District 502 is:  $144 per credit hour ($108.15 tuition, plus $35.85 fee)

National Averages are Lower Than the Cost of Attending COD
According to an October 6, 2014 article over at PBS.org entitled "Why even top tier students should consider community colleges" the community college graduates "pay much less on average for their educations — $3,264 per year for tuition and fees, according to the College Board, compared to $8,893 per year at public and $30,094 per year at private four-year colleges and universities."

How does COD compare? Here's the official COD fall 2014 tuition schedule:

2014-2015
COLLEGE OF DUPAGE OFFICE OF STUDENT FINANCIAL ASSISTANCE
CAMPUS BASED & STAFFORD BUDGETS
DEPENDENT/INDEPENDENT MODEL
RESIDES WITH PARENTS/NO DEPENDENTS

Due to the revisions of the Higher Education Act of 1998 College of DuPage has established this Student Budget for Campus-Based/Stafford budgets for the 2014-2015 academic year

 TUITION & FEES
                                    IN-DISTRICT   OUT-OF-DISTRICT    OUT-OF-STATE
                                      $144/HOUR           $331/HOUR            $401/HOUR
FULL TIME 15 HRS=          $4,320               $9,930                   $12,030
BOOKS/SUPPLIES=          $1,587               $1,587                    $ 1,587
ROOM & BOARD =            $2,462               $2,462                    $ 2,462 TRANSPORTATION=        $2,300               $2,300                    $  2,300
PERSONAL EXPENSE=    $1,596               $1,596                    $ 1,596
TOTAL =                          $12,265             $17,875                    $19,975 

Tuition and fees data obtained from COD Finance Office based on average full-time tuition of fifteen (15) hours. 

Average Loan Fees Sub/Unsub: $54
Average Loan Fees Plus: $144

Comparing Community Colleges in Illinois
Over at CollegeIllinois.org, these are the published fees for Illinois Community Colleges. In the table COD is listed as $4,664 for tuition and fees. However, COD says their tuition and fees for an "in-district" student is $4,320. The weighted average of tuition and fees in this table is $3,809. At the lower published rate of $4,320, COD is about 13.5% above the state average for community colleges in Illinois, and 32.4% higher than the national average. 
: 
Illinois Community Colleges:  2014 - 2015 Annual Tuition & Fees
Black Hawk College
$3,840
Carl Sandburg College
$4,690
College Of DuPage
$4,664
College Of Lake County
$4,165
Danville Area Community College
$4,118
Elgin Community College
$3,658
Frontier Community College
$2,954
Harold Washington College
$3,248
Harper College
$4,286
Harry S Truman College
$3,248
Heartland Community College
$4,448
Highland Community College
$4,318
Illinois Central College
$4,000
Illinois Valley Community College
$3,562
John A Logan College
$3,168
John Wood Community College
$4,544
Joliet Junior College
$3,855
Kankakee Community College
$4,000
Kaskaskia College
$3,808
Kennedy-King College
$3,248
Kishwaukee College
$4,192
Lake Land College
$3,689
Lewis & Clark Community College
$3,872
Lincoln Land Community College
$3,664
Lincoln Trail College
$2,954
Malcolm X College
$ 3,248
McHenry County College
$3,374
Moraine Valley Community College
$4,198
Morton College
$3,508
Oakton Community College
$3,494
Olive Harvey College
$3,248
Olney Central College
$2,954
Parkland College
$4,208
Prairie State College
$4,516
Rend Lake College
$3,200
Richard J Daley College
$3,248
Richland Community College
$3,687
Rock Valley College
$3,246
Sauk Valley Community College
$3,424
Shawnee Community College
$3,040
South Suburban College Of Cook County
$4,408
Southeastern Illinois College
$3,104
Southwestern Illinois College
$3,552
Spoon River College
$5,280
Triton College
$3,858
Wabash Valley College
$2,954
Waubonsee Community College
$3,584
Wilbur Wright College
$3,248






List of References:

1. Clicking will open a  New Window> http://www.collegeillinois.org/PlansAndPricing/CollegeTuitionCostandFees.html


2. Clicking will open a  New Window> http://www.pbs.org/newshour/updates/revenge-community-college/


3. Clicking will open a  New Window> https://www.cod.edu/tuition/pdf/coa_13.pdf


4. Clicking will open a  New Window> Forbes: College President shot an elephant and hid $95 million spending