The Sun Sets at BLMH

The "Wheaton Sun", that is.

This post will serve as a condensation of recent happenings, although I have prepared some additional notes on the recent association meetings.

I didn't get my paper last week, and it seems neither did my neighbors. What happened? For several weeks we had multiple copies of  the "Sun" delivered and the extra was dropped in the driveways. Some of our "homeowners" didn't bother to pick up the papers and left them scattered around. So after being run over several times and after a period of days the papers became a soggy mess, scattered in driveways and the streets, because of the recent rains.

Cleanup of this is, of course, an expense to the association. This is reminiscent of a situation which occured several years ago and I assume FUPM again took charge, called the Sun and asked them to suspend delivery to everyone in the association. That's certainly one way to get a result.

It's probably the best way to deal with a problem of this type. We were given several weeks to deal with this as "owners" and we didn't. As with overflowing trash containers, etc. our paid maintenance crews pick up any trash that is left behind and they do it for us, at our expense, when we the "homeowners" are unwilling to do it for ourselves. It keeps this association looking nice, and is a wonderful, but mandatorily expensive benefit of living here.  I say mandatory because there is no individual choice in this matter and those of us who do pick up trash in the street reap no benefit for our efforts; other than deriving some pride of ownership. Our fellow "homeowners" who can't be bothered are given the hand-holding of the board, at our expense. Isn't socialism wonderful? The committed get to work and slave for the rest of us. That too is the way the board works. So it seems to be increasingly difficult to get capable people to run and accept positions on the board.

Ah, yes, but "everyone" they say, complains about high fees.

In fairness, not all buildings had papers left outside; for example, I twice picked up the extra four in front of our building, stripped off the plastic wrappers and put them in my recycle bin. Some other unit owners did the same. But on driving the grounds, it was obvious many did not. I know; I took the time to check, just as I take the time in my busy schedule to post this blog and attend association meetings and study the issues and vote. So too, do a few of my neighbors and fellow "unit owners." But many do not.

My immediate neighbors and I have a good working relationship. That is, the unit owners who share the entrance in this building. For example, if I should return from work late on a Friday, my recycling bin is already in the garage; courtesy of my neighbors. I return the favor whenever I can. Residents of the building pick up the newspapers in the outer hall and bring them in; in that way the mailcarrier doesn't step all over them. Oversized packages and Express Mail deliveries are brought inside and are placed at the specific door of the occupant. One or more of my neighbors vacuums the hall carpets. Monthly meeting notices, etc. are removed from the cork board and recycled after the meeting.  Do we all participate in this? Perhaps not, but when four are sharing the load, such tasks are achieved effortlessly. It isn't about liking or disliking one another. Sharing a building entrance isn't a popularity contest. It's one small aspect of honoring a social contract.

Returning to the problem of newspapers scattered all over the grounds, this occurs to me as another example of how this association continues to devolve with a board that attempts to satisfy "everyone" by not offending anyone who lives here. Oh yes, we're all "homeowners" the board keep insisting. Really? REALLY? Don't "homeowners" have duties, accountabilities and responsibilities? Aren't they expected to keep their property clean and neat? Aren't they expected to adhere to some minimum standards? So why, if our board insists we are "homeowners" are not rules violations enforced when situations such as these papers occur? Isn't that littering? Isn't a "homeowner" supposed to handle the litter on "their" property?

I conclude that some of our board members are playing a childish game. They are pretending we are homeowners and providing "lip service". I must ask, how will calling us "homeowners" get us to act as "homeowners"? What actions on the part of this board would be a correlate to treating us, the unit owners as "homeowners"?

I think it's very easy; either everyone in a building finds a way to cooperate and get the job done, even if that means only one in four makes the effort and takes the time to pick up the papers littering the driveways. Or, everyone gets violation notices and if this continues, are fined. Oh, but that would be "repressive measures" one on our board has previously written. Promoting anarchy is preferred to promoting a neighborhood!

As for enforcing rules, the new board via our R+R Director with their new procedures, never discussed in front of unit owners, by the way, now merely writes letters and runs focus groups to discuss the betterment of the rules. One of the "better ideas" is to pass inspection to the professional management. I understand some of the politics. Who on our board is going to tell their "friends" that they are breaking the rules? From the board's perspective, that's apparently not the way "nice" people are supposed to operate in our association. So who is to be the heavy? It's now up to the professional management to do the inspections and provide a list of violators to the board. Those that don't pass the subjective "filters" our "loving, tender, caring" board have established will get some sort of letter of violation. Do all the violators get a letter? Who knows? It's in the hands of our board. The same board that repeatedly hides behind closed doors in executive sessions.

This approach is how we will now get much less bang for the buck from management. Instead of running the business, our management joins the cadre and army of people who are supposed to clean up after us. Does management have unlimited time available for this? No they don't. So I am inclined to ask, if the management is now doing clean-up duty, what aren't they doing? What tasks are no longer being completed in this assumption of the duties of the board by management? There are a limited number of hours in the day, aren't there? I suppose not if one is a serf. And make no mistake, we have board members who really treat everyone as a serf.

There was a time, very recently, when the R+R Director walked the grounds daily and made lists. But that resulted in violation notices and some upset unit owners. There were also disagreements on the board. After a vigorous campaign against board "repressive measures" we have new procedures, per statements in the newsletter and even more forthcoming rules changes and procedures, all by our new board and our new R+R Director. Will these be better procedures as in "more effective" procedures? I'll let you be the judge of that. It all depends upon one's perspective. An immediate benefit is, we no longer get the "Wheaton Sun".

After attending many meetings and listening closely to the board, I have concluded that all this talk about "being nice" and it's flip side, which is about "repression" is personal in nature. Collection procedures are not directed as a means to punish. Enforcement of the rules are not "punishment". Each and every unit owner and every renter has a social contract with this association and that is ultimately an agreement with their "neighbors". Living here is a privilege and as a "right" has specific duties and responsibilities. For example, we are expected and contractually bound to pay our monthly fees in a timely manner. If we fail to do so, there are consequences. Those consequences are not "punishment" and unit owners and members of the board should not expect their "neighbors" to carry that load for others. Our attorney addressed this at the May meeting. When a unit owner does not do certain things, or violates the rules, he or she violates the social contract. Such actions are undermining to the association and undermining and damaging to the others who live here. I have concluded that for one or more of our board members this "nice" talk is sourced by a deep animosity. I have news for you. "Nice" people honor their agreements and keep their contracts and pacts with their neighbors. "Nice" people pick up the trash, pick up their dog litter, adhere to the rules and pay their fees. If there is an issue, they don't "demand" that the rest of the planet change for them. They clean it up or ask for clarification of the rules and then they clean it up. Anyone who doesn't is an undermining person who lowers the quality of life here at BLMH. Period!  That also has a deleterious impact on unit sales. That's right, Virginia, all of this "La-la land talk" and lack of action could be driving potential buyers away.

After attending many meetings, it would seem that the emphasis of the board is to cater to pseudo "homeowners" who are waiting for the next party, the next free coffee, the next fee reduction, and someone, anyone to pick up after them.  These same "homeowners" supposedly now want, or is it "demand" private gardens! That's the latest "grand idea" coming through the board, I understand. Who will maintain the "gardens" of these "homeowners?" Who will set the rules and who will enforce them and levy the fines when people violate those rules? No one, is  my guess. When unit owners do go too far, when their gardens turn to patches of weeds or die and create mudholes, then it will be up to someone else to clean up the mess, at association expense.  Just another task for our professional managers and maintenance crews. Just another expense passed to the rest of us.

Promoting these ideas is much easier than creating an association that works. It's much easier than dealing with the difficult issues. It's more popular than enforcing the existing rules.  It's a lot easier than living by example.

The suspension of the Wheaton Sun is what I call a reduction in services. Potentially the first of many.

Comments, Corrections, Omissions, References
================================

1. Of course, setting standards and adhering to them would impact everyone including the board members. That might be uncomfortable for some of them. Issuing citations to offsite owners for uncollected newspapers in driveways would be too close to "home" and any fines levied would be a fee increase. Board members wouldn't want to promote such things. Such fines might come out of their own pockets. 
2. When our CD promoted the attendance of renters at association meetings, there was no conversation about duties and responsibilities. If I were in a building sharing an entrance with a renter, could I expect the renter to help out and act like an "owner"? Could I expect them to return the courtesies and pick up "my" newspaper or trash bin and bring it in? Could I expect them to help shovel snow or distribute salt in the winter? Could I expect them to carry a part of the load?  If you are an owner sharing an entrance with a renter, who is it that does these tasks? If the renter doesn't do it, shouldn't the unit owner who owns the rental, or the unit owner's "representative" be required to do it? Why not? I realize it wouldn't be convenient for the off site owner. In other words, on site owners are supposed to deal with all of the problems. On site owners are supposed to do the tasks the off site owners are unwilling to do. On site owners are supposed to carry the load. Aren't these the types of issues our board is supposed to be dealing with as fiduciaries?
3. The obvious question to ask is, how many of the  members on the board do these things; e.g. carry in their neighbors trash bins, shovel snow or picked up those papers? That is to say, how many board members "walk the talk" and act as owners? Or are they also waiting for someone else to do the work?
4. If we aren't willing to do the work, then the only option is to pay others to do it or suspend services and reduce the scope of projects. Read your Manor Briefs and attend association meetings. The board talks about lowering fees. The only way to do that is to lower expenditures. Reducing the scope of projects is one way. Architectural shingles can be eliminated. It could mean shifting some chores to unit owners. However, I see no way for that to occur with a board that is unwilling to press unit owners to participate beyond coffees and parties. If the job is to get done, it needs to start somewhere, and that is "leadership by example" followed by consistent and uniform enforcement of existing rules, treatment of owners as "owners" with duties and responsibilities, and discussions about the duties of renters and the duties of offsite owners. All necessary to maintain the quality of life here at BLMH. 
5. When it came time to vote on the reserve study, there was no mass outcry on the board against the motion by the CD to approve the higher bidder. Our CD, who promoted the higher bidder, didn't stop and say "I prefer the higher bidder, but I promised to scrutinize every bill and to hold the line on fee increases. So I can't recommend them." Wouldn't that have been the responsible thing to do and to say? Would you believe that we have just begun an incredible roofing project here? The board may gut the project to reduce the expenditures. That's one way to reduce fees; lower the cost of projects to be accomplished with the reserves collected. Of course, the real question is, are we saving money or is this financial "slight of hand". For example, reducing the scope (no insulation and/or no roof ridge vents), using cheaper shingles and materials and construction techniques, reducing the length of the warranties, using lowest bidders no matter what the references, could lower the up front costs. But it's a game. Put on shingles that will last 10 years as opposed to 20 or 25 and do we save money? Only if the cost is less than 50% that of the "higher" roof. But I am certain this board will consider going that way. Then some on the board will then be touting how she or he has "saved us money". Well, in 10 years when we are again facing the prospect of doing roofs, possibly with no reserves, those left "holding the bag" will pay the piper. How many recent and current board members will be long gone at that time? I'll be watching. However, when it comes to "pet projects" we will go with the higher bidder, just as the board did with the reserve study. The justification? We now have the "higher bidder" for the reserve study who has "project management skills". We already have a maintenance company with "project management skills" so, I have to ask, what are we really getting for the extra money we are spending on this study? The obvious answer is "nothing", absolutely nothing! You may recall this same board member who promoted this particular firm is the same board member who was once promoting "we will seek ways to reduce expenses". Yes, talk is really cheap, as they say: Click here for my September 11, 2008 letter and the response
6. All of this, the board would have us believe, has absolutely no impact on unit sales.
7. In my September 2008 letter to the candidate who is now the CD I included the following statement: "To empower change and open communication it will be necessary to have a web site open to all unit owners and where ALL letters and responses are posted. Unit owners should be able to post their questions and concerns without censure by the ROC, the Board or anyone else, within the limits of what is considered to be non-obscene. Who would moderate this?" I received this reply:  "Would you like to moderate it? The job is open."  I subsequently offered to take on the job, but there was no reply. So this blog, which is a compromise, is the result. 

Where To Go From Here? September 28, 2009

I’ll be posting the coming events but first, I have to acknowledge that I did not publish the notes of the meeting of September 10th. I did type these, but the latest incident of violence against me intervened. I will publish those notes and eventually, our Association will produce a “formal” or "official" website which will publish a version of those notes, or so we were promised a year ago and this was again stated by our Communications Director at the annual meeting. However, no dates were given. Running a campaign is the latest in a series of more important tasks.

As to the latest incident of violence, which occurred the night of September 16th, I did send a letter to the management company and to the board, but there has been no response. As I recall, the big campaign issue last year was “about being heard” and at that time our Communications Director stated that the “current board allows no communications”. Seems to me that this has now come to be true.

So, preparing that letter and meeting with police, etc. took some of the time I would have allocated to publishing the meeting notes. But that was one of the intentions of this series of attacks, wasn’t it? To attempt to silence me, a candidate, before the election, to get a continuing message across, and to disrupt my life.

After a year under the rock, er, ROC and now that we are beyond another election, I am wondering how the latest version of enlightened governance will manifest itself. According to the latest political missive of our Communications Director, it will “cultivate a fresh mindset among our community leadership that encourages rather than stifles the individuality of our homeowners and places the highest value on sincerity, honesty and respectfulness.” From my experience, it would seem that “individuality” is to be tolerated only when it conforms to some official viewpoint.

Earlier this year, “injustice” against a unit owner was a big topic for our Communications Director, and of sufficient personal interest to make it worthy of disrupting an association meeting. Supporting people who break the rules and the regulations seems to be something that activates her. But “injustice” doesn’t include the string of violence against me. There are several subtle and not so subtle messages that are being conveyed here. 1) I should be a member of the ROC, 2) I should be a member of the Neighbors Club, 3) I voted for the wrong board members, 4) I have associated with the wrong board members or former board members, 5) I openly stated at the most recent budget meeting that I was in favor of an assessment increase, in defiance of the Communications Director, who voted for a 0% increase, 6) I openly supported our Architectural Director and provided volunteer services for our roofing and driveway projects, 7) I have criticized our Communications Director for disrupting an association meeting, 8) I have criticized our Communications Director and our Landscaping Director for their activities which have stonewalled or delayed our driveway and roofing projects. 9) I didn't roll over when our Landcaping Director accused me of accepting special favors so maintenance would be performed on the building housing my unit, and I won't accept personal responsibility for the poor real estate sales in the area, and 10) I had the unimitigated gall to be so much the individual as to publish all in this blog. 11) Finally, for all of the above and other real or perceived transgressions, I deserve these attacks, which are to be ignored and allowed to continue. Looking the other way is collusion, I am told.

Returning to more important matters regarding this association, if our Communications Director practiced what she preaches, we probably would not have lost our President earlier this year, and with her, her husband who would by now have our “official” website up and running, and the driveways would already be in progress. But we do get nice slogans. The “cultivate a….mindset” statement is one that is frequently used in yoga and meditation. For example, “Cultivate a Positive MindSet Through Meditation” (reference 1)

The statement of placing “the highest value on sincerity, honesty and respectfulness” is probably borrowed from Sri Sri Ravi Shankar or some other mystic. For example, Sri Sri says: “At this time we need only to cultivate love and understanding……The timeless values of religions are……Nonviolence…..Friendliness and cooperation… [and] Integrity, honesty and sincerity.” (reference 2).

This also refers to ontological structures, which “manifest themselves in terms of the intangible human traits that we live by, such as patience, humility, tolerance, deference, non-action, humaneness, concern, pity, sympathy, altruism, sincerity, honesty, faith, responsibility, trust, respectfulness, reverence, love and compassion.” For a typical discussion, see the article from Buddhism Today (reference 3).

Reference:
1) http://www.specialtyansweringservice.net/articles/meditation/Cultivate-a-Positive-MindSet-Through-Meditation_26278/
2) http://sawf.org/newedit/edit02032003/aol.asp
3) http://www.buddhismtoday.com/english/sociology/014-humanright.htm

Campaigning and A Candidate Endorsement

Comment added 9/13/09. The information on "Cumulative voting" as contained in our Communications Director's emails and letters is incorrect. The incorrect information was repeated in this blog post.

The information was corrected by our professional manager during the Association Meeting of September 10. For the correct instructions, contact me or our Architectural Director, our Rules and Regulations Director or our Vice President.

==============================
As posted September 7:

We are approaching the next election for our Board of Managers. I have received my “official” packet, including the list of candidates, proxy form and instructions.

Some, and perhaps all, of the members of our new “Neighbors Club” have received additional information and instructions. This club, according to the membership form is “dedicated to bringing together in a positive way the residents of BLMH.” The following was sent by our Communications Director, so apparently email addresses were passed from the club to the ROC leadership:

“Hello ____,
It’s board member election time again and I wanted to send you this note regarding the four candidates that I’m endorsing this year. I personally know all of them -- ______________, ____________, _____________, and ___________. – and will be privileged to have any one of them sit on the board with me. They all possess the integrity, conscientiousness, and compassion that will help create a new kind of association governance. Together we’ll begin to cultivate a fresh mindset among our community leadership that encourages rather than stifles the individuality of our homeowners and that places the highest value on sincerity, honesty, and respectfulness.

In our elections, votes are calculated according to the voter’s percentage of ownership. That percentage is divided into the number of candidates you vote for. For example, my D unit’s percentage is 0.002721. If I vote for one candidate, the entire value of my percentage goes to that candidate. If I vote for 2 candidates, each gets 0.0013605 or half of my percentage. If I vote for four candidates, my percentage is split into four and each candidate gets 0.006802. If I vote for the full slate of five candidates then my vote is diluted further and each candidate will only 0.0005442…….”

There are several things about this campaign endorsement:

1. There are 10 candidates running for five board member positions. Candidates include our current Vice President, Rules & Regulations Director, Architectural Director, myself (Yes! I am running), and six others.
2. I am publishing this so that you, and all unit owners of BLMH have access to the same information. I have been opposed to some of the events of the past year because they seem to be based on a vision in which there are several tiers of unit owners. However, all unit owners are equal, and we should all be treated as such. There should be no difference if we are living on site or off site, if we are employed or unemployed, retired, etc. Private emails, other forms of communication directed to specific groups of individuals are an example of an attempt to reduce many of our unit owners to a lower status.
3. I ask you, do you want an association that works? If you do, then contact your neighbors and discuss what type of association you really want. Do you want our architectural programs, which are in progress, to continue as scheduled? That includes new roofs, new driveways and other projected repairs? Do you want our association to develop a landscaping plan as thorough as the architectural plans? Do you want our reserves used for these purposes, or not? If you do, then I suggest you re-elect our current board members. I would like our Board to focus on its fiduciary duties and run our association. I would like to get beyond meetings in which there are lengthy discussions spanning multiple board meetings about how to get light bulbs changed, in which board members orchestrate disruptions to permit tractor trailers on the property, or to have arguments about the why and wherefore of developing thorough landscaping plans, and so on. I would like an Association that works for all of us and wisely spends our hard earned fees.
4. If you want to socialize with your neighbors, then by all means, join the "Neighbors Club". However, that club should not be politicized. This club is open to all residents, which includes unit owners and renters. Renters can be good neighbors, but they have no financial stake in our Association. They lack the financial commitment made by unit owners. Unit owners who do not reside on the property may not be able to participate and so this club cannot be anything other than a social club.
5. The campaign endorsement promotes an association where a “fresh mindset” will “encourage…..individuality”. You may recall this was the same generalized language that was used last year under the “Residents of Change” banner. Well, after a year our official newsletter has been expanded, but are we really getting more information? What do we know of the issues and challenges facing our Association? The newsletter has contained copyright infringed photos of cathedrals and ponds, for which the owners never received the proper acknowledgement, even after they asked for it. We don't have a timely and functioning blog. True, THIS blog exists, but if you are reading it, it is only because you or a neighbor took the initiative. If you find this blog informative, pass it along, because that is the only way any of your neighbors will see or hear of it.
6. We, as individuals, will choose the degree of neighborliness that we want, as I have written in earlier posts. However, I don’t want to confuse being neighborly with running the association. There seems to be an attempt to use “neighborliness” for a political slate. Isn't that inappropriate? I have yet to have any member of the board, and that includes our Communications Director, make a statement of how the Board of Managers will enforce the “neighborliness” that she and others seem so intent upon implementing by replacing the entire board. However, as a possible example, she did attempt to coerce the Board to effectively change the rules so that a semi-trailer, which weighs in excess of 30,000 pounds, could be parked on the property and to reimburse the owner with Association funds (collected from our fees) for towing charges when it was removed per the rules and posted signs. This event she called “unjust". I suggest unit owners consider the damage that parked vehicles of this type can do to our streets and the consequences of allowing such vehicles to be parked on our property. For example, to be fair to all unit owners, shouldn't we each be allowed to park our commercial trucks, campers, boats, etc. on the property? If not, what is the criteria for selecting who is to park their oversize and banned vehicles on the property? I do not want our streets destroyed by oversized vehicles. We pay fees to maintain those streets. We have parking issues due to lack of space. Even if our streets could accommodate these vehicles, where are we to put them? I am not in favor of arbitrary changes due to circumstance, nor am I in favor of changes to the rules, to accommodate a few people at the expense of the majority.

I'll be publishing additional election information in the coming days.

On the Nature of Community - List of Questions

This was posted at the end of a long blog. Part one is at the following link; the original post was broken into two parts and the link will take you to the first part:

http://briarcliffelakes.blogspot.com/2009/05/on-nature-of-community.html

What follows is an excerpt from the original post; it is separated per a reader comment.

The original post was stimulated by recent events and by my observations during association meetings. That post was intended to delve into some of the aspects of being a neighbor in a condominium community, and in turn stimulate discussion. For me, this raised a series of questions about community and of being neighborly as a unit owner member of BLMH. In the original post, the following was stated:

I suppose this would occur for me as "What is an appropriate way for a unit owner to exist in this community?" which is to say, "How to be a responsible member of the community"? This question can be posed within the context of the long term plans for this community and rephrased is: "What am I, as a member of the community, doing to assist our community in reaching its goals and to achieve that which is expected of me"? This of course, requires knowledge of those goals and the expectations.

So in the spirit of discussion, what, I rhetorically ask, are the actions appropriate for and consistent with being a unit owner member of the community at BLMH? In an inquiry, both the questions and the answers are important. Together, they can reveal the nature of our community and our positions, expectations and personal biases regarding it. As you read the following questions and statements, see if you consider them to be relevant to a discussion on "community". Also consider why you would reject or accept each. That may tell you something about yourself, and your personal perspective into the nature of "being neighborly" and "community".

Please note that these questions do not necessarily reflect my personal view; some are derived from association documents, owner and board comments during meetings, or are based on observations written about other communities. Nor do I practice all of the following, and of those that I do practice, I am not always consistent. Consider that there may not be "right" answers. Here is a partial list of questions to think about:

Am I pleasant and courteous to my neighbors?

Do I observe the 20 MPH posted speed limit and do I slow down if I observe people walking in the street? Do I practice “safe driving” while in the complex? Am I watchful for children, pets and wildlife?

Do I observe the parking rules?

Do I drive the speed limit on the boulevard and observe the school speed zone?

Do I have a preference for a “block party”? If so, why? And if not, why not?

Do I have other ideas regarding “community” and if so, have I written the board about them, or presented them at board meetings? If not, why not?

When I receive the monthly association newsletter, do I read it, make note of rule changes, issues and meetings? If so, why? And if not, why not? Do I read the "Condo Advisor" column in the "House and Homes" section in the Sunday Chicago Tribune so as to get a better idea of how condominiums are run, and of the problems and issues which face condominium associations and owners? [Comment: The above was revised to correct the newspaper specifics.]

On trash pickup day, upon my return at the end of the day, do I reach out to my neighbor and retrieve their trash container, or do I simply bring my own into the garage? On Saturday morning, I observe that my “neighbor” has not yet retrieved his or her trash receptacle from the curb. Do I retrieve it for them or do I avoid it?

On trash pickup day, do I pick up old community newspapers from the foyer and recycle, or do I leave them for “someone else”?

Do I remove my trash from the garage each week, especially during hot weather and if it is emanating obnoxious odors, do I double bag to minimize the odors that escape and seep into the halls and into my neighbors unit?

I prefer to leave plastic bags on the curb during trash day. However, animals have been observed tearing into these overnight and spreading trash. Do I "change" my preference and use the covered plastic containers, or do I persist in doing it "my way"?

On leaving my unit, I sometimes observe trash in the street. Do I take a moment to pick it up and dispose of it properly, or do I simply drive or walk on by?

On entering the building, I track in leaves. Do I take the time to pick these up? Do I occasionally pick up in the hallway or do I wait for the cleaning service? (We are currently on a two week cleaning cycle). If so, why and if not, why not?

On walking to the entry, I step into the grass and to my dismay I sink into the soft, wet soil. Upon extricating my shoe, I observe it is covered with a thick coating of mud. Do I get my hands messy and remove the shoe outside the building, thereby walking barefooted on the sidewalk, or do I proceed to the foyer, stomp my feet a few times to dislodge the muck and then proceed to my unit?

There are hand prints on the foyer glass. Do I clean these and go about my business, or do I clean these and complain, or do I ignore these? Why did I choose the answer I chose?

Prior to leaving on a winter morning, do I take the time to shovel the snow which our service won’t plow, because it is less than the defined minimum of 2 inches? Do I shovel a path to the door for myself and my “neighbors” and sprinkle the salt provided on the walkway? Do I knock down the 24 inch icicles forming over my neighbors’ garage entry? Or not? And why did I choose to or not to?

When the association asks for assistance in sprinkling the lawn during a drought, do I take a few minutes to do so? Or not? Why?

When I use the water hose our association provides, upon completion do I coil it and check the spigot to assure that the water is off? Why?

Do I keep my area in the garage clean in accordance with the rules? Why?

If there is water flowing into the garage, do I alert the management office to the problem or do I wait for my neighbor to do it? During the spring thaw, do I assist in pushing the water out so it will not freeze and possibly interfere with the garage doors and seals? Why would this be a problem?

Do I pick up after my pet when we take a stroll? Why? or Why not?

Do I control my pet on a leash and keep it from tearing up the ground cover? Do I abstain from walking into the ground cover with my pet, even if in January it is the only green space in which it can “take a dump”? Why? or Why not?

Have I inspected the plumbing in my utility room and the condition of the hoses to the washer to assure they are in good condition and that there are no leaks? Is the floor drain in good order and not blocked? How old is my hot water heater? Is it in good condition or are there rust stains and other signs of eminent failure? Have I checked its drain valve to assure no seepage and that water will flow to the floor drain? Are my air conditioner and humidifier drain lines sufficiently clear and do they direct water to the floor drain? Is the utility room floor a continuous, impermeable waterproof sheet or are there hairline cracks which would allow water to enter my neighbors unit, situated below me? Why? or Why Not?

My HVAC compressor is sinking into the soil and tilted at a precarious angle. Or, it is rusting. Have I contacted the management company to see what my options are? Do I hire a "handyman" or HVAC contractor to reposition it? Do I have it sprayed with "rust-o-leum" paint to improve its appearance? If not, why not? If so, why?

Do I have a properly functioning carbon monoxide detector as required by law? Do I change the batteries during the recommended interval?

Do I know the procedures to use in a fire, so as to protect my personal property as well as that of my unit owner neighbors?

Do I have the insurance mandated for my unit and do I keep it current, thereby protecting my unit, my fellow unit owners and the association?

When I require the assistance of a “handyman” do I check to see that he or she is licensed, bonded and insured, so should there be an accident or damage to my unit, my neighbor's unit or the common areas, the “handyman” can cover the cost of repairs and can cover his or her medical bills, thereby protecting the association?

Do I respect my downstairs neighbor’s peace and quiet by abstaining from using my stair-climber or tread-master exercise equipment except during daylight hours and after 8:00am? Is my equipment properly adjusted to minimize vibration and noise? Do I have an impact absorbing pad under the equipment?

If my neighbor has complained about noise, what has been my response? And why?

As a unit owner who rents my unit, have I briefed the renters as to the expectations for residents here at BLMH, and that they go beyond those of most apartment occupants? Have I explained that their neighbors are unit owners and may have expectations greater than those of a fellow renter? If not, why not?

Do I attempt to abide by the requests of the association, and those made by our Board of Managers?

Am I courteous at association meetings? Those are my neighbors I am directing my criticism to and among whom I am seated. Do I have the capacity to respect the varying opinions and perspectives of unit owners who are my "neighbors"?

Am I willing to listen quietly during association meetings and allow the Board of Managers to go about their business as my elected representatives? Can I listen to my neighbors who are speaking during the homeowner portion of the association meeting? Am I willing not to be heard? Why? or Why not?

Am I willing to function as a member of a community in which I am but one of 336 unit owners, where my will is not law? Or am I intent on having "my way" because it is the "right way", or as far as I am concerned, my way is the "only way"?

As a unit owner, have I read the bylaws and am I familiar with them? If I have any uncertainties or questions, have I attended an association meeting and have I asked for clarification?

Do I understand which building elements I am responsible for in “my” unit?

If I am cited for a “violation” do I check the rules and regulations to verify it and correct the problem? If I choose to ignore the notice and am fined, do I pay it? Or do I view the citation as an affront and an expression of “oppression” by the Board of Managers and then do everything possible to get even and undermine the association and the board? If I am in disagreement, do I attend an association meeting and politely ask for an explanation and clarification of the specific rules? Or do I bring friends and disrupt the meeting? Or if unable to attend, do I send a letter to the management office with my perspective and ask for an explanation?

When I make modifications to “my” unit, do I use reputable contractors who are licensed, bonded and insured? Do I check with the association to assure that what I am doing is structurally proper and meets various codes and rules? Do I take the time to write a letter requesting clarification and request a written response, e.g. my modification will not violate rules and regulations? Do I have a letter of response stating so before proceeding with construction or modifications? If not, why not?

Have I exchanged phone numbers with my neighbors in my building and do they know how to reach me when I am away and if there should be a problem in “my” unit? That might be as simple as providing a cell phone number and keeping the cell phone “on” while I am away. Do I notify any of my neighbors if I am leaving for an extended period of time? If not, why not?

When I leave for vacation what steps do I take to prevent problems from occurring? During the winter months how to I protect pipes from freezing in my unit? Have I discussed the procedures I use with the management to assure they are adequate? Have I checked the information published in our "greeting packet" and newsletters to see what the recommended procedures are? If not, why not?

When I leave for a winter vacation, what steps do I take to prevent water pipes from freezing in the event a winter storm takes down the power for more than a few hours; perhaps for days? Why should that be of concern to me? And why not?

If I have a disagreement with my neighbor, do I attempt to resolve it with them? If I am really angry or cannot speak civilly, do I send them a letter outlining my position as clearly as I can? If necessary with photos, etc. and with copy to the management office?

If I have a disagreement with my neighbor, do I attempt to resolve it with them before contacting the management company and the Board of Managers?

Do I understand the role of the Board of Managers? Do I understand the laws which govern them?

Do I budget for and promptly pay my association fees so that our community can properly function?

Am I saving for possible association fee increases or for possible future special assessments? Do I understand how our association saves and spends money for both daily operating expenses and future maintenance and repair of the buildings, streets and grounds? If not, why not?

Do I understand why our association has savings, which are called "reserves"? Am I aware that our buildings and grounds, including lighting, underground piping and streets and driveways are maintained by the association. Each of the components will age and will require repair or replacement. That will require large expenses each year and into the future, and the savings will pay them.

Am I saving for maintaining the common elements for which I am responsible? According to experts, aluminum casement windows last 15 to 30 years. Do I have a plan to replace these? If not, why not?

Am I saving for replacement of my hot water heater on a timely interval (natural gas water heaters have lifetimes of from 11 to 13 years, and electric have a lifetime of 14 years, according to experts). How old is the water heater in my unit? Why would this be included in a discussion about "community" and why not?

Am I saving for replacement of my HVAC system and furnace? Life expectancy is 15 to 25 years according to experts. How old is my furnace and HVAC system? Why would this be included in a discussion about "community" and why not?

I like to propose change. By that do I mean that I expect my neighbors to change or, I expect myself to change or, it means that we both must change? Why?

After reading this list, do I consider this to be nonsense? Do I have additional items that come to mind that the writer omitted? Why?

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Note: The "experts" cited in stating the estimated lifetime of appliances and building elements are the U.S. Department of Housing and Urban Development's Residential Rehabilitation Inspection Guide and the National Association of Home Builders.

On the Nature of Community

There have been statements made at various association meetings about “community”, but there has not been a general discussion. That would be useful, as each of us probably has a different perspective of what it means to be a unit owner member of a condominium “community”. Our renter occupants don’t have the same issues or financial stake that the resident owners do, and remote owners may also have a different perspective. The statements and comments that have been made do not always make the distinction between being a member of a community and being a neighbor. But the terms are sometimes used as if they are the same.

Listening to the remarks of the past year has provided an opportunity for me to reflect on the nature of community, as it applies to BLMH. The statements and comments made during the association meetings allude to perceptions about the nature of community and of expectations for other unit owners. I don’t agree entirely with the direction and tone of some of these statements. However, I do understand that we are all neighbors and we are all members of a community.

As this is a public blog, I suppose I should provide some background for anyone in the “blogosphere” who drops by.

Living in a condominium community is unique. It is somewhat of a hybrid as are the unit owners. When I am in my unit, I am the owner, very much like a homeowner, and within it I have certain financial responsibilities and can make certain decisions. The areas which are for unit owner personal, private use are legally described as their unit or as "limited common areas", such as a patio. However, as soon as I exit my unit and "limited common area", I enter the “common areas" which I share with my fellow owners, and in those spaces we are all equals. There is little physical separation between us. As our streets are private, most of the people I pass are unit owners. There are rules and regulations which govern the actions of unit owners and their surrogate renters when they enter these common areas.

As a unit owner, I am responsible for maintaining and decorating my unit, and that includes the windows and the door. However, it is our association fees that pay for the maintenance of the common areas, which extend with only a few exceptions, from the door of my unit to the boundaries of BLMH. Homeowners normally save for major maintenance repairs such as roofing, exterior painting and woodwork, sidewalks, driveways and also use and maintain lawnmowers, snow blowers and the like. Unit owners do not directly do so. Our association saves a portion of our fees each month and hires contractors who perform all exterior maintenance and repairs. Our elected Board of Managers is responsible for determining savings rates, and for dispensing funds and hiring services. Members of our Board of Managers are each unit owners; that is the only prerequisite. They are volunteers who are elected by the unit owners, serve a specific length of time and may, or may not be re-elected. Our Board of Managers are to represent us, the unit owners. They represent themselves only to the extent that they too are unit owners; or that is to say, they are not supposed to represent their interests over ours. Each unit owner is a unique human being with differing viewpoints, opinions and life experiences. Those differences extend to how, why and when association funds are to be saved and spent. The range is quite broad, believe me!

So as a unit owner, I have little choice about when and how much is to be spent on repair, replacement and maintenance of the common elements of the association. The Board of Managers makes all decisions pertaining to these things. However, a homeowner has much more decision making ability. So a homeowner may decide to hold off on a painting job, or attempt to stretch his or her budget by putting off that roofing replacement, or may decide to make simply a repair with the intention to sell in a year. A unit owner cannot make those decisions. So a unit owner has less financial flexibility than a home owner when it comes to certain budgeting items. However, it is not all one way. On the bright side, if the roof of my unit fails, or the driveway heaves, I don't have to come up with the thousands of dollars (or tens of thousands) assuming my association has done a good job in building up its financial savings or reserves. So I am insulated from that. Nor do I have to replace my snowblower when it fails or have the savings to do that. The association has the savings. Of course, when there are "deep pockets" there are also differences on where and how the money should be spent. Unit owners have been known to coerce boards to spend money on "their" units, and associations have been caught hiring friends and family members, or friends of friends to do various aspects of the work.

So as I see it, condominium unit owners are much closer to being apartment dwellers than they are to being home owners. I have been an apartment dweller, a home owner and a condominium owner, and that is my experience. Apartment dwellers and condominium owners share some similarities. We have no sweat equity regarding the structure or the maintenance of grounds and we do not make day to day decisions pertaining to saving, spending and allocation of resources on the property. At BLMH we are well insulated from this by our very powerful Board of Managers, who do make all of these decisions and have for 30 years. If there is a dispute or disagreement, there is no property line to enforce or buffering space to my home. Nor is there a landlord to go to. Instead, we have to sort things out for ourselves and if we can't, the ultimate arbitrator is our elected Board of Managers. However, they cannot or should not represent any one of us or take sides in disputes. Nor can they intervene when differences occur between unit owners, or owners and renters, unless the dispute falls over into areas defined by our rules and regulations. There is no subjective "right" or "wrong" side to choose, nor should there be. However, our board can provide a neutral space in which owners can share their grievances and concerns, and our board is empowered to enforce the rules. They may formally change the rules, but only by motion, seconded and voted upon by the entire (quorum) Board of Managers. They can listen, and provide guidance, but they are not required to act in disputes, unless there are rules violations. With few exceptions, board meetings are open to all unit owners; while this is a "public" forum, the unit owners are observers, and are not a part of the discussion nor is the meeting a debate between unit owners. The board may call upon a specific unit owner or unit owners for information or input. Otherwise unit owners are to remain silent and simply observe, until called upon during the "unit owner" portion of the meeting.

However, it is an imperfect world and interestingly, it seems that when the rules and regulations are enforced, these are sometimes viewed as “oppression”! It also seems that some unit owners have decided what is right, which sides are to be taken by the board and are willing to elect their representatives to see that their standards become law at BLMH. The mantra was "Change" and it is here, and with it our community is changing. Our community is the result of governance, and of monies saved and sometimes not saved, and then spent to maintain and enhance it for the past 30 years. Some of our Board of Managers are quite explicit about their desire to maintain the "look and feel" of BLMH, and have stated clearly their desire to maintain the buildings and grounds, and replace deteriorating components, sometimes with an upgrade to avoid recurrences. Others on the board are very opaque and may have no interest at all but to answer to a few. It is not possible for me to predict what this community will be like 30 years into the future. I am absolutely clear that actions taken by our Board of Managers this year, the next, and the next thereafter will impact the quality of life here at BLMH. And that will determine the nature of "community" and who my neighbors are, and if they will be unit owners or renters.

After attending association meetings and listening to some of the statements made, and after last year's elections, the differences extend to our Board of Managers. I would really like to hear our Communications Director's precise definition of “community” as it applies at BLMH and what “being neighborly” is. That transparency has been lacking, but the statements made since September imply some code of conduct is expected. Provided with this information, I could then determine, as a unit owner supposedly represented by the Board of Managers, if I can accept her perspective and the actions that she is and will be taking on the Board to express her personal viewpoint. As I stated in writing to the candidates during the recent election, the word “change” is very broad and is a term I cannot blindly accept. I want to know what specific changes are anticipated or envisioned. Again, that transparency has been lacking.

These are not idle thoughts. I have concerns and I would like to be living in a community where my rights as an owner are as valid as those of any one of my neighbors. I would like to think that if any of us presents a dispute or a maintenance issue to our Board of Managers, that we will be heard with the same deference, sincerity and respect by all members of the board, and that our requests will be treated equally and impartially. However, our community and our Board is changing, and I don't believe we are all viewed as equals, and some of us are becoming second tier citizens. I find that amazing, as the campaign materials stressed equality as in an association “where we all can be heard”. I assumed that meant we would all be heard and viewed as equals. I was wrong, but who is viewed as "right" or "wrong" before a compromised board does not yet interfere on a day to day basis with my life here with my neighbors.

However, to return to the question of community and of being neighborly as a unit owner member of BLMH. I suppose this would occur for me as "What is an appropriate way for a unit owner to exist in this community?" which is to say, "How to be a responsible member of the community"? This question can be posed within the context of the long term plans for this community and rephrased is: "What am I, as a member of the community, doing to assist our community in reaching its goals and to achieve that which is expected of me"? This of course, requires knowledge of those goals and the expectations.

So in the spirit of discussion, what, I rhetorically ask, are the actions appropriate for and consistent with being a unit owner member of the community at BLMH? In an inquiry, both the questions and the answers are important. Together, they can reveal the nature of our community and our positions, expectations and personal biases regarding it.

The following link will take you to a list of questions and statements. As you read them, consider if they are relevant to a discussion on "community".

Go to the List of Questions


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Note: The list of questions were originally part of a single, very long post. I have broken it into two seperate posts, after receipt and review of a comment. I sometimes write the posts over a period of days or weeks, and when they reach a certain state of completion I then publish them. I attempt to space the intervals between publishing so as not to inundate any readers. I'm going to attempt to shorten the length of posts and publish more frequently.