Board Vacancies - The Problem

As I stated in the previous post, our HOA has had great difficulty filling board positions in recent years.

This may simply be the way it is in HOA volunteer organizations in which some owners pretend they live in an apartment complex while others pretend it is a retirement village.

Here are some observations about boards since I've been living in this HOA. There has been great difficulty getting anyone on the board for more than a term or two. There has been an unequal distribution of tasks. These have been determined by director's title and the historical precedent of picking and choosing jobs. When the list didn't fit a board member's desire, boards sometimes created a position that was palatable to the board member (communications director, webmaster, etc.). Other factors have included skills, tools unavailable (computer, printer, email, etc.), health and willingness to put in the necessary time. Age is certainly a factor, because as weage, we become physically less able. We may also face cognitive decline. These conditions are normal and natural. It would probably be best for the HOA if our board was comprised of individuals younger than 60. That's a generality.

Time requirements is another problem. It has been noted by our most recent president that I've put in between 700 and 500 hours per year "serving" this community. I sometimes cringe when that number is mentioned. The larger problem is the owners who might consider a position on the board. Who in their right mind wants to volunteer 500 hours annually for a HOA? Some owners might think that this is the required amount. It isn't. I've had to do this because 1) This HOA was in serious trouble a few years ago, 2) The unequal distribution of tasks made it necessary and 3) Skill required to get the job done and I do have the requisite skills.

Board turnover after a term or two is also a problem. It takes a while to come up to speed and because most owners don't regularly attend HOA meetings there is little preparation or foreknowledge prior to being elected. So it becomes "on the job" training. With all of the cycles that a larger HOA must go through, some tasks are only done once per year. It may take two or three years to get into the groove, as it were. But board members frequently leave at the end of one or two terms. Some run.

At the opposite side of the spectrum, some board members may seem to set longevity records. But that is the exception.

In fact, for the past 5 years, more and more tasks have been pushed to one or two board members Everything from supporting the enforcement of Rules and Regulations to decisions about fees (delinquencies), cash flow, attending City, COD and Neighborhood meetings, preparing the newsletter, doing reserve study tasks, performing all manner of surveys and so on.

I suspect some boards have enjoyed this as it allowed some members to avoid the enmity of unhappy or delinquent owners. That's what happens when a board is fractured and unpopular duties are performed by one or two. The others will have the opportunity to duck, cover, and blame it all on "Nasty Norm" or whomever. The one or two who are most visible become the target of the dissatisfied owners. Other owners aren't stupid. They hear or observe some of this and it makes it more difficult to enroll board members. We might as well hand out targets for them to paint on their backs and signs to carry which declare "I'm a board member and that makes me a leper and unpopular." There is the example of the individual who attended a club event and was asked who she/he was. When it was discovered she/he was the spouse of a board member, people immediately lost interest and some walked away.

BLMH, being the behemoth it is, has a full time management firm, but not full time on-site managers. Boards over many years have willingly or unwillingly made a variety of decisions to "save money." For example, this has occurred as in-house street design and project management, and numerous project delays, sometimes for no reason other than a lack of funds or board "man or woman power." I know of a former board member who stated that he/she frequently picked up trash on the property. And so on. This approach over decades created not only the streets we have but also the image of the board and the expectations of owners. Some owners think we are incompetents and janitors. Which is so? I leave it to the reader to decide.

Because boards are comprised of volunteers and there is sometimes desperation to fill a position, skill may be an afterthought. A criteria might be "How much or how little damage will she/he do on the board?" After all, all board members vote, and some my be inclined to discuss sensitive issues outside the HOA meetings with owners. But boards need to fill positions, and what was needed first and foremost was bodies. For the politicos, getting a compliant body on the board is a win, as this is someone who can be manipulated to vote in a specific direction.

As for bodies on the dias, in some years, that's about all the owners got on the dias. Boards are so overloaded that it is common that anyone who shows up will have a position.

Being comprised of volunteers, the boards may face an impossible task. Some volunteers have a personal agenda and the easiest way to get that personal want realized may be to get on the board. Some want power and access to money decisions. A few might have an overwhelming interest in damage control and protecting their unit values. A few may also be on the board to keep others off; there are a limited number of positions available and each board member does vote. Others simply want to be popular. After all, these are my "friends" has been the occasional refrain when discussing the situation of owners who are not board members. For that reason, upholding rules can be very difficult. Most owners expect the board to do the dirty work, and some board members have found this to be impossible for them. When this occurs, boards fail to fulfill their duties and more and more increasingly difficult or unpleasant tasks will fall to the one or two who might be willing to do them. I've had a lot of unpopular tasks pushed my way. It reminds me of that old Wheat Chex commercial "Give it to Mikey" said the kids. Some boards are very undermining and some board members relish throwing others "under the bus" as long as it isn't the favorite contractors, etc. The rest of us are road kill! No kidding, it is immaterial if it is to be another board member, an owner, a manager or a less than favorite contractor. At some point we may each become road kill for such a director.

In recent years, the number of personal attacks by owners have increased and I am not the only board member who has been threatened. That is probably the "dirty secret" about BLMH. However, this HOA is not alone in this. Professional managers have informed me of brawls at other HOAs.

Some of this may be inevitable. Real estate professionals may not vet or inform potential owners of their duties and responsibilities as HOA owners. It's all about the sale and the commission. Condos are just like homes, aren't they? Or perhaps they are believed to be apartments which will appreciate over time and provide a nice windfall to the owner. Some owners discover after purchase the reality of fees, what living in such a community involves, the fact that the reserves are not a slush fund for owner exploitation, the HOA isn't a social club or a piggy bank or get rich scheme. The last two hit home in 2008. After the cold shower, some owners are bitter and feel that others betrayed them. The alleged culprits include the government, banks, real estate professionals, boards, etc.

For the most part, bitter owners have no one to lash out at but the management and the board, and some do.

There are consequences. Owner nastiness, board member nastiness, lack of support by other owners (beyond an "attaboy") have all contributed to produce our boards. These are sometimes not fully staffed, or we have the same people coming back year after year after year. The board is getting older, and older and older. Why? It's simple, No one wants to do this job. Everyone demands results. But some one else should uphold the rules, because "these are my friends" or I won't or can't. Some owners don't have the stomach to deal with nasty owners and some owners are unfit to be fiduciaries.

As I have repeatedly stated, owners get the boards they elect and deserve. From time to time a board will appoint someone to a vacancy but that appointment only occurs because owners couldn't bother to elect someone.  Once in a while a champion may appear, but that is rare. Most people prefer to put their skills to work making money, in a hobby, or making a difference in a larger way. HOAs are supposed to be a place of "community" living in which the "community" participates.  But many HOAs are not.

The miscreants are waiting in the wings. That's the way it is in many HOAs today.

HOA Board Setback

Our HOA has had great difficulty filling board positions in recent years. We've had boards with unfilled positions. Other examples include boards with members who had difficulty performing their board duties and tasks, boards with members who had no assigned duties and board positions which were vacated after a year or two. Some boards had members which wouldn't or couldn't use email, spreadsheets and so on. We've also had boards with members who avoided creating newsletter articles or reports to owners. HOAs simply do their best with the boards which have been elected or appointed.

When owners wonder why some things don't get done, or the newsletter is the way it is, or whatever, it is because of who is on the board, the unfilled positions and the manner in which duties are distributed and performed.

This may simply be the way it is in HOA volunteer organizations.

The most recent setback? At our annual meeting, we fell back to a board with an unfilled position. Our youngest member has moved on to other duties. There will be fewer people to get the job done.

There will be consequences. This may not be of concern to some owners, who expect whoever is on the board to simply get the job done. Not my problem says the owner. Oh, yes it is.  A few years ago we had a group that was convinced this was an effortless, easy job. Just issues orders to Management and voila' the work is done. They learned the hard way that was not the way it is. Soon they were gone, using any excuse possible.

Why such difficulty in a HOA with 336 owners? I'll save that for another post.

Your Unit Is Not Your Castle - Part I

The association issued an urgent safety bulletin to unit owners. The bulletin was prompted by a disastrous fire at a nearby condominium association, which is believed to have started in the fireplace, firebox, or flue.

Our condominium is similar in design and construction to that which experienced the fire, and is about 35 years of age. Some of our units have a gas fired fireplace. Not all do; this was a $1,500 option back in 1978. Doesn't seem like much money by today's standards, but it's helpful to remember that a decent home (3 BR, 1 bath, 2-car garage, 0.33 acres) could be purchased in Wheaton for as little at $52,000 back then. I know, because I did! On the other hand, wages were lower too, and $25,000 a year was a very good wage. That's inflation!

The bulletin has resulted in some owner comments. I understand that some have stated they have no issue with this, and in fact, are very willing to comply. I also understand a few have questioned the necessity to have the fireplace inspected. One has refused and stated "I'm going to use my fireplace as-is."

That's an interesting perspective. The issue is very simple. Our management has advised us that they observed the damage and is very involved in the coordination of the cleanup, etc. It is with their guidance that BLMH has issued the statement to unit owners. According to management, there was no indication that the unit owner did anything improper in the fireplace. It's reasonable to assume this fireplace had been used many times in the past. However, this year, it failed, and when it did, it did major fire damage to the building.

The goal of the inspection, which includes a brief list of guidelines, is to assure that your fireplace, firebox, flue and chimney are intact, and safe to use.

To complicate this further, during the November association meeting, an elderly couple took the opportunity to make a statement about their concerns about safety at BLMH. This was prompted, they said, by the recent "fire" at the 1731 building. That "fire" was a near miss, with very minimal damage. What's minimal? Probably $2,000 or so, including a damaged window. That meeting was about 12 days prior to the serious fire at the nearby community.

So, what is the real issue here? In an association with families and singles, in 336 units, with ages from their 20s to their 90s, what is the appropriate action? And why the resistance by some unit owners to an "Urgent Fireplace Safety Warning?"

Living in a condominium association, we give up some personal freedoms. That's the way it is in a "Common Interest Development" or CID. I suspect a few of us don't know that, or have forgotten.

I'm going to quote an attorney who specializes in these matters. “People have this idea that they have a deed to this particular property and this is their castle,” however, he often has to remind people “your home is not your castle; your home is part of everyone’s castle.”

According to this article from which I quote the attorney, developments such as BLMH are attractive to buyers because "they are low maintenance, and city planners like them because they make better use of increasingly scarce areas for development. However, those homes come with a complex set of rules and regulations. It might be something as banal, yet frequently irksome, as how many pets you can have, or even what constitutes a pet."

“As a result,” he says, “many people have a hard time adjusting to life in a common interest development.”

“For the most part, the general public is not aware of what their rights and obligations are in these kinds of arrangements...Buying into a CID means you have elected to live together and be bound to each other, not just physically, not just by party walls or common lot lines, but to be bound together by a set of covenants, conditions and restrictions (CC & Rs) that are difficult to change.”

“The problem is the people who live in these units don’t understand what they have bought into,” says Richardson, “and the homeowner associations that run them do not always strike the right balance between a harmonious community and a viable business operation.”

It's my opinion that taking strong steps to protect the inhabitants of BLMH is an appropriate balance between being harmonious and a business. If your neighbor due to simple error, or accident, burns down the building you live in, that will certainly be an inharmonious event!

What we each do with the information that is provided to us, is our personal business. However, the failure of something in our unit can have serious consequences not only for ourselves, but also for our neighbors. Some examples include the dishwasher which springs a serious leak, a failure in our fireplace, or a fire in the clothes dryer, the utility fan, whatever. At times we will be inconvenienced by requests or rules of the association. Which is preferred, occasional inconvenience or disruption by serious events?

It's my opinion that how safe this association is, meaning how safe we are as owners and dwellers, is in part determined by our individual actions. I think it's useful to remember that we are, in fact, "bound together" and how we act as individuals does affect others in this community.

Comments, Corrections, Omissions, References

Note 1. Here's a link to the original article, from which I have quoted attorney Kelly Richardson. 

Kelly-Richardson-lawyer-interview.html

Note 2. The board or its members are not immune from making the same mistakes as owners. Recent boards, for example, have attempted to satisfy or placate each and every owner who comes before them with a problem or a complaint. In attempting to do so, at some point, a board will compromise some owners for the benefit of one or another. So how to make a good decision? Be familiar with the governing documents, and make decisions for the association as a whole, rather than for specific individuals, is probably a good start. 

Note 3. The bulletin was an association action, coordinated by the board and management. Management read and approved the notice, which was prepared by the board. This post is my personal opinion.

Interlude - An Association that works "For All of Us"

As I study this great American experiment in community living, I do wonder how it will turn out. Some experts say that condominiums are failing to be the social and living systems that they were intended to be. At this juncture in time, I would say, with my personal experience, that they are possibly correct.

Is such failure pre-ordained? Is it inherent in the structure of this organization and is it woven into the fabric, its very being? Are we destined, as a former board member once told me "to slip continuously into mediocrity?"

There are questions which would seem to be vital and must be asked. If we are not to simply operate out of subjective "change" which is defined as positive and negative, and based upon fundamental human issues such as fear and greed, and "winners" and "losers" then what should we be operating from?  These are questions for our leaders to ask, to answer and to express in their daily actions. Leadership on the board and by the board as a single entity is the only possible way out of the morass that encompasses this association.

Are they up to it? Are WE up to it?

I'm sure a few readers wonder where I have been going with this blog over the past 120 posts, and where I have been coming from. It's probably time to tell you. You have been very patient and gracious. 

Consider that the mantra of this group has been about "change". I suggest that is inadequate. How about "Transformation?" Transformation of the board into a force for positive change. Not "change" as we normally think of it, nor "change" as a buzzword, something desirable which we should therefore all aspire to. I don't mean change as it has been most recently expressed in this association, an association that works for some of us, or a few of us, or sometimes the majority of us. I mean a transformation into an association that works for all of us. For it is my perspective that an association that doesn't work for "all" in fact, works for none. Organizations in which "some" goals are achieved, or, in this case are working for "some" owners, are inherently inadequate.

What would that look like? Would you like to live in such an association?

It's your choice. We can all be a force for change, both positive and negative, or we can be a force for transformation. I choose the latter. How would that look on our board? As an example, such a board, that is, a board "that is working for all of us" as stewards and as leaders, would approach issues entirely from the perspective of performing their "fiduciary duties". When an issue came before such a board, each and every board member would be ready, willing and able to discuss, argue and present both and all sides of any issue or argument. By contrast, in a board that is coming from "change", individual members present or advocate only that side that serves them or a group or groups in this association.

Wouldn't that be interesting? Wouldn't that be empowering? For each of our board members to be knowledgeable in all aspects and all "sides" of the issues? To see each board member promote all sides, both the pros and the cons, of all issues, both large and small at all times, instead of the current approach that "its right" to do this and "it's wrong" to do that, or "it's just" for this to occur and "it's unjust" for that to occur.

It would be a manifestation of an association that works for all of us, each and every one of us, not a few and not the many, but all of us. It would be the manifestation of a board that is really up to the task and is seriously engaged in an inquiry about leadership and stewardship.

Will this happen here? Can this happen here? Well, as I said in an earlier post, this is 2010 and it will not be a repeat of 2009. I am committed to that.

But what are you committed to?

Don’t Shoot the Messenger - Vote NO for Driveways!

This is the first of several posts pertaining to the recent comments by readers.

On September 29, Anonymous said... “Again, your comments are full of negativity and inaccuracies. Can you at least get the facts correct before you publish them. How do you know, without being on the board, that certain individuals were to blame for the delay in the roofing and the asphalt project. Get a life.”

My response is this: I have attended most board meetings for the past 12 months. I'm one of the 4 or 5% of unit owners (excluding the board) who do so. During the meetings I keep thorough notes. For example go to:

http://briarcliffelakes.blogspot.com/2009/08/august-13-2009-association-meeting.html

The above post is edited. It includes only a portion of the notes that I took at that meeting. That’s why I titled the post “August 13, 2009 Association Meeting Highlights”; I emphasize the word “Highlights”. Editing is for three purposes; 1) to keep posts brief ,  2) I sometimes remove aspects which could compromise the privacy of an individual, 3) I sometimes edit aspects of the meeting which could put our association in a very bad light.

For example, and to address your statement, there have been discussions during quite a few meetings regarding the state of driveways. Here is a summary, but not necessarily in the order of the actual events. The discussions included aspects of the how and why of performing these repairs. Unit owners attending the meetings brought some of the problems they were having to the attention of the board. They stated issues they faced last winter. There were a number of discussions over several meetings about ice, heaving driveways, heaving garage floors, standing water, water entering garages, methods and options for controlling run off and the flow of water from roofs, etc. The state of driveways and water was described as a "serious" problem by several members of the board. The board authorized the management company to complete a thorough survey of all driveways and rate them. At a subsequent meeting the manager reported on the driveways most in need and those had been ranked. Discussion at various meetings was interrupted by events I have reported in earlier posts. Eventally discussion at meetings resumed. Details of asphalt installation and concerns were stated regarding the unique nature of many of the driveways and even the uneven traffic patterns. Concern over weather interference, specifically the closing of asphalts plants in the fall and the need for urgency was pointed out. Finally, at a meeting the board discussed the results of inspections by our Architectural Director and our Landscaping Director.

The Architectural Director made a final presentation and stated there were sufficient funds to do some, but not all of the driveways. He requested that seven (7) driveways be approved for repair and replacement in 2009. He made further statements regarding the criteria for selection.

The board voted and the motion was passed. There was a single NO vote cast. That vote was cast by our Communications Director.

Wouldn't you consider that a NO vote is an attempt to delay or thwart driveway replacement at the association? I don't know why she voted no, and I don't have any idea how voting against a fundamental repair to our association, is consistent with her ongoing calls for a “kinder, gentler” board of directors. Perhaps you can tell me how this all goes together.

By attending meetings, I know a lot about what is going on in our association. According to law, as per the Illinois Property Condominium Act, associations are required to hold open meetings. Board members are prohibited from holding closed meetings, except for special circumstances. So unless our board is in violation of the law, then attending meetings and keeping good notes, should give me a very good insight into what is going on.

If you want to read the Act, it is available at the Illinois Assembly Website at:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct=765%26nbsp%3BILCS%26nbsp%3B605%2F&ChapterID=62&ChapterName=PROPERTY&ActName=Condominium+Property+Act%2E

As an example, I provide two quotes from the Act:

The Act, as part of (765 ILCS 605/18.4) (from Ch. 30, par. 318.4) Sec. 18.4. states:

“In the performance of their duties, the officers and members of the board, whether appointed by the developer or elected by the unit owners, shall exercise the care required of a fiduciary of the unit owners.”

The Act, (765 ILCS 605/18) (from Ch. 30, par. 318)  Sec. 18 states:

"(9) that meetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the association or a unit owner's unpaid share of common expenses; that any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner; that any unit owner may record the proceedings at meetings or portions thereof required to be open by this Act by tape, film or other means; that the board may prescribe reasonable rules and regulations to govern the right to make such recordings, that notice of such meetings shall be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the person or persons entitled to such notice pursuant to the declaration, bylaws, other condominium instrument, or provision of law other than this subsection before the meeting is convened, and that copies of notices of meetings of the board of managers shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of managers except where there is no common entranceway for 7 or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted;"

From the above, the board is required to hold open meetings, and all but a few items are to be discussed during those meetings and when unit owners are in attendance. It also states that any unit owner is within their rights to take notes, and even record the meetings if they choose to do so.

I also suggest that you consider that “shooting the messenger”, which is me or anyone else who disagrees with you, is not going to resolve this. "Shooting the messenger" is a metaphoric phrase used to describe the act of lashing out at the blameless bearer of bad news. If you have a problem or an issue, then I suggest you come to an association meeting and bring it to the attention of the board, and observe the meetings and keep your own notes.

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?

==============================

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


==============================
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.

Benches and other "ideas"

During the most recent association meeting, the subject of park style benches was broached. This has come up during past meetings, also. Our Architectural Director pointed out some of the maintenance issues (that's code for "hidden costs", in plain English).

There is, however a way to get benches. I'm borrowing an idea from the nearby Morton Arboretum. The "Mort" has a program for "Tribute Gifts". According to the Mort, a tribute gift is "a unique way to honor and recognize special friends and family. The Morton Arboretum can help you celebrate a special occasion such as a wedding, anniversary, birthday, or holiday in the life of a loved one with an enduring tribute".

Good idea, and just on time for "Mothers Day".

I'm not suggesting that interested unit owners purchase a "Tribute Gift" from the Mort. Rather, I'm suggesting that interested members of our "community" consider purchasing a "Tribute Gift" from the Association. Our community has 40 acres or so, 802 trees in sculpted gardens with fountains, streams and many birds, chipmunks, squirrels and even ducklings. Quite a lovely nature area, and some of our unit owners have suggested that the dogie droppings are because of visiting neighbors. So why not fund our lovely preserve?

Possible choices, using the Mort as an example:

Tribute Tree = $2,500. Includes an engraved tree tag, dedicated for five years.
Tribute Bench = $5,000. An engraved name-plate dedicates a specific bench.
Walkway Brick = $1000. A 8x8 inch brick with four lines of personalization.
Library Book = $250. Dedicate a new book with a personalized name-plate in the front cover.

I realize we do not currently have a library. So purchasing a "Library Book" is probably not a good idea for our association. However, there have been suggestions in the past to have a "community building" and with the current emphasis on the theme of community by members of the board, who knows? Perhaps there is a library in our future. We do need somewhere to have these parties, don't we?

I recommend that unit owners who are interested in park benches simply send a check for $5,000 to our association and mark "park bench" in the subject line of the check. I am certain this will get the attention of the board and of management, and we will then have the park benches that some of us desire.

Taking this a step further, if each unit owner were to purchase a "Tribute Tree" from the association, we would fund 336 trees. We could enroll friends and relatives in purchasing the remaining 446 trees. That would generate about $2 million dollars for the association, and should assure the care of our grounds for many years.