Failure to Elect a board

Official Proxy Ballot

A Quorum was not reached during the Association election September 26, 2019
The failure to reach a quorum was announced by the Judges of the election (management and one owner as ballot count witness). This occurred because insufficient owners voted to make the election a valid one. According to the by-laws of the association 20% of the owners constitute a quorum. It would require 68 votes to achieve a quorum from 336 units (0.2 x 336 = 67.2 units).

Prior to the election, these were the 2018 board members, whose term  expired on September 26, 2019; This is per Management letter to owners prior to the election. Mr. Scudder was not present during the election proceedings.  At least one of the following was not elected and was an appointee by the board:

1. Sheryl Bailey (former President and Maintenance)
2. John Scudder (former Vice President and Landscaping)
3. Andrea Winship (former Treasurer)
4. Cara Calvo (former Newsletter)
5. Mary Prendiville (former Rules & Regulations)
6. Sondra Seery (former Secretary and Welcoming)
7. Nancy Walters (former Recording Secretary)

Does the association have a legal board?   This raises some questions. During the meeting the "President" stated there will be another election attempt in November. Here are a few questions for the interim:

1. Who is signing checks?
2. Who is conducting critical business and making decisions. Management is authorized for up the $500. All other decisions require board input. Of course, many things are on "automatic" but will critical business functions overseen by the board cease?

Furthermore the official governing documents (Declarations recorded on 10/27/2014) state that Three board members are to be elected in even years and three board members in even years. 2019 being an odd year, that means that three board members will be elected:

Article III, Board of Directors Section 1 (a):

"At each annual meeting of the Unit Owners thereafter, the Unit Owners shall elect a large the Entire Board for the forthcoming year. In all elections for members of the Board or each Unit Owner shall be entitled to vote on a cumulative basis, and the candidates receiving the highest number of votes shall be deemed elected. Members of the Board shall serve without compensation for a term of two (2) years, or until their successors are elected, three directors to be elected on even numbered years, and  four directors on odd numbered years. The Board shall meet at least four times annually. Board members and officers may succeed themselves." 

The elected Board can appoint other members, per the Illinois Condominium Act:

"(765 ILCS 605/18) (from Ch. 30, par. 318) Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following: (a)(1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually and that all members of the board shall be elected at large; if there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time;........"

Filling Vacancies per the Illinois Condominium Act:
"(13) the method of filling vacancies on the board which shall include authority for the remaining members of the board to fill the vacancy by two-thirds vote until the next annual meeting of unit owners or for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy for the balance of the term, and that a meeting of the unit owners shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting such a meeting, and the method of filling vacancies among the officers that shall include the authority for the members of the board to fill the vacancy for the unexpired portion of the term;"


Notification of owners per the Illinois Condominium Act:
"(6) that written notice of any membership meeting shall be mailed or delivered giving members no less than 10 and no more than 30 days notice of the time, place and purpose of such meeting except that notice may be sent, to the extent the condominium instruments or rules adopted thereunder expressly so provide, by electronic transmission consented to by the unit owner to whom the notice is given, provided the director and officer or his agent certifies in writing to the delivery by electronic transmission;"

The following is the published agenda for the meeting, from the official association website. There was no formal time allotted  for owners to address the board or candidates.  Several owners attempted to do so, but the President declared the meeting over. Thereafter several informal discussions occurred between some owners and one or two board members. One board member stated that I was "an asshole".  But I'm not the one who misled owners and raised fees even though the budget indicated a $124,000 surplus was projected for 2018. Nor am I the one who stonewalled and delayed the water main project since 2018 ultimately at great cost to owners ($500,000 spent to date by management and stated so to the owners during the September 5 meeting). Nor am I the one who failed to preserve Lakecliffe in 2019, or replace several failing driveways, or seriously deteriorated garage floors,  etc. This per survey with management in 2018. In my opinion those people are the "assholes".

Official agenda of the annual meeting:

Welcome to Briarcliffe Lakes Manor Homes!

BRIARCLIFFE LAKES MANOR HOMES ASSOCIATION

Wheaton, Illinois  60189

BRIARCLIFFE LAKES MANOR HOMES CONDOMINIUM ASSOCIATION BOARD MEETING AGENDA

ANNUAL MEETING OF THE

BRIARCLIFFE LAKES MANOR HOMES CONDOMINIUM ASSOCIATION 

September 26, 2019 7:00pm

Illinois Institute of Technology, 201 East Loop Road, Room 203

I. Call to Order & Verification of Quorum

II. Introduction of Board and Management

III. Approval of Annual Meeting Minutes from September 27, 2018

IV. Condition of the Association Reports

 A. President

 B. Maintenance 

 C. Treasurer

 D. Landscape

 E. Rules

 F. Water Mains

V. Election Procedure

        A. Nominations from the Floor

        B. Introduction of Candidates
        C. Balloting

        D. Appointment of Judges

        E. Tally of Votes/Announcement of Results

VI. Committee Reports

        A. Welcome 

        B. Newsletter

VII. Old/New Business

VIII. Adjournment

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

(c) N. Retzke 2019 "all rights reserved"

Elections? We don't need no stinking elections!

Our HOA election was, well, in a word, a "disaster".

What do I mean? Fewer than 20 percent of the owners voted, and about 10% attended the annual meeting.  So we now have only four duly elected board members in a HOA of 336 owners. That's a 1.2% participation rate.

Even more indicative was the annual budget meeting. That's the meeting during which the board, with management assistance, arrives at a budget for the next 12 months. This requires balancing Operations & Maintenance, and reserve requirements with fees. The result is the determination of fees for the next year.

So how many owners attended this really critical meeting? We had four board members to do the work, because the owners couldn't be bothered with the mundane chore of voting. Then we had three former board members in the audience. Yes, you did read that correctly. Seven people attended this critical meeting and all were either current or former board members.

Wow, it must be wonderful to live in La-La Land.

When this HOA is like Cook County, then the owners will come out of the woodwork and complain. "You reap what you sow" is the biblical expression.

During the budget meeting one owner raised the potential issues of electric cars on the property and the recommendation for the HOA to invest in electric metering stations. Recently a long term owner complained about the problems facing ducks on the property.

Yep, we do have to have our priorities. As long as there are schleppers like me to do the bidding of these spoiled brats, nothing will change.   Our longest serving board member used to state "we walked the grounds [32 acres] and picked up trash". Yep that's what is wanted and needed. Servants.

When the proverbial "shit hits the fan" then the owners will show up and complain and state "How could this happen?" How indeed.

It's that time for another HOA election

It's that time for the annual HOA election.

Three board positions are up, one was vacant and two were occupied. I'm not sure if the current Welcoming Director or Rules & Regulations Director are running to retain their positions. However, they both provided an article for the newsletter and that was amazing, so I guess they are running to retain their positions.

Usually, I spend more time attempting to get board members to write for the bi-monthly newsletter than it takes for me to write my articles. I provide two articles because I'm the president and also the Architecture & Projects director.

This month everybody provided an article. Astounding! It's been many months since this occurred, perhaps it is the election? Because some board members only run every other year, perhaps it has been two years since all of the board members provided an article at the same time.

I do get a lot of help from our Maintenance Director who is also putting together the newsletters. I did that for about 4 years and she has taken this on. I assist her in her job. Doers do need to help one another.

As part of the annual meeting and election we'll have the board presentations. 
Last year I presented a 30+ page PPT address about fees, reserves and "why things are the way they are". I did make a video of the data in the presentation and provided it to board members who wanted it. There is a version out a Youtube. Perhaps I'll publish it here in October.

This year I'll provide additional insights during the September 28 annual meeting. My primary interest in becoming president of the HOA was to get to put about 600 words on the front page of the newsletter every other month. Why? Because "everything can be resolved in communications".

We have about 60 new owners and I'm sure some are really interested in knowing more about their HOA. I'm hopeful most of them will attend the annual meeting. I'll be presenting a detailed message about finances. Why? Because I'm a fiduciary, that's why!

Has there been a problem with finances in this HOA? Yes, indeed. The problem about finances is this. For about 30 years previous boards avoided or refused to get a reserve study. It seems they preferred to use a dart board for setting annual reserve contributions. By 2008 with annual fee increases of 5% or more each year, owners had enough. They booted most of the incumbents. Sadly, the board that was ejected had failed to save enough. That's what happens when we fail to get real experts involved, or if we do, we fail to do our homework and listen to them. After 30 years of financial undersaving, this HOA was in real trouble. And current owners were on the hook for the tab.

Some board members at the time deflected all of the criticism.

However, lately we've had fee increases of less than 2% per year. Yet, our reserves have increased and miraculously infrastructure repairs ignored or delayed for more than a decade have been completed.  How did that happen? It wasn't easy. A botched reserve study in 2010 indicated we needed a 10% fee increase and a $million loan to address "issues". That didn't happen. Why? because of another rebuttal reserve study by me, and a third by a competent and qualified reserve firm to set us on the right track. Since 2010 we've been putting the money where our mouths are as a board. Not easy because not everyone agrees.

Today we have a viable financial plan, I've re-invigorated projects and maintenance and we are on the right track.

Thanks to the current treasurer for championing the replacement to the Thames deck. I must admit I had tired of being the target for board crap. Then there was the neighbor who screamed at me from across the street "I hate you". I must be stupid or a masochist to be here for 15 years. Or perhaps I'm very forgiving.

Returning to the present, it is that time for the annual election. So suddenly everybody writes an article for the newsletter, or at least agrees to one. Whoopie! But that is much, much better than chasing board members to do this. There was a time when I wrote articles for other board members. What a cluster. I've noted previously that I have spent more time chasing board members to do their duty that it would take to get the job done. But that is how some manipulate others. I'm a busy guy. I'm a paid creative writer on financial things, I've got a business to run and three home bases to maintain. Want to get under my skin? Just chew into my free time.

How will the election go? Who knows. About half of our owners are apathetic to the issues, unless they feel the pain of fee increases or they don't like their "view". Perhaps that's why our board member with the longest tenure presses for significantly higher fees each and every year. "We don't have enough money". WTF? It's pretty disingenuous when one of the architects of the financial problems facing this HOA in 2008 argues today for a lot more money. Perhaps the goal is to simply get the attention of owners? But annual fee increases of 5% or more inflict a lot of financial pain on owners, over time. I prefer to manage the HOA properly and spend a lot of time on 30 year plans. Much better than the "dart board" approach to future planning that was used here for nearly 30 years.

After 7 years on the board, I've concluded that you really can't teach an old dog new tricks. Too many owners really don't care.

Time for me to leave. I'm sure I'll never be missed. There are many other places to put my considerable talents to use.

Here's a chart with one possibility for capital expenditures from 2018-2047. Of course, this will require a funding plan to accomplish it. The secret is that small, incremental fee increases can be saved for these really large expenditures. But you would be surprised how many people fail to appreciate the cumulative effects of long term planning and saving. It is really difficult for me to grasp that this HOA ran on whims and prayers and guesses for 30 years. Boards paid the annual bills, but kicked the can down the road. I guess I purchased at the optimum time as my fees quickly increased by 73%. Yep, that's nearly double for monthly fees. Thanks to the owners who previously pressed for "lower fees" and gutless boards who failed to do the real work and publish the reality. I guess getting re-elected was more important.

Could you or anyone construct and provide for the following chart without some grounding in reality? When streets, roofs and other infrastructure requirements all coincide, a lot of money needs to be available. Or boards make difficult decisions. Should they short shrift streets, delay roof replacements, avoid doing any other capital work? When there are insufficient funds, something has to be sacrificed.  That's what some previous boards did. Some infrastructure was ignored. Don't bother on making those annual condition surveys. Stick you head in the ground and ignore the elephants in the room. And they apparently did.

That was then, and this is now. There is a plan and it can be accomplished with 2% annual fee increases for the next 30 years.

I'm sure I'll encounter some stiff resistance at the October budget meeting.

News from the Front

A few minutes ago I received an update from the front. The text message reads "No riots so far, but it's before 10am and don't know if the weed-heads have gotten up from the Dorito hangovers."  I knew they weren't talking about Afghanistan. It was about Washington, D.C.

Wow, I'd say things seem a bit messed up. But these people all like a good party. On this day in 1814, during the War of 1812 between the United States and England, British troops entered Washington, D.C. and burned the White House.  I understand Madonna stated today that she wants to burn the White House down. "I have been thinking a lot about blowing up the White House."

This has been as much fun as some the of the elections here at BLMH. I've learned a lot in the last couple of years and an expanded repertoire of political terms. Keeps me on my toes. I'd better watch out. With all of the dirty politics and tricks revealed in the past couple of years, we might have anarchists coming to the next association election.

"I think the American people can change Washington.....But I think that it is not going to change, because somebody from on high directs that change." - former Pres. Obama on "60 Minutes" January 15, 2017.


A look at recent developments

"If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost."......Barack Obama. There have been quite a few Pres. Obama quotes thrown around in recent weeks, by various politicians and media people of all types and beliefs. These were used to condemn and to promote the "Obama Legacy". I'll include a few of the better ones that surfaced, yet again. However I don't recall quite a barrage except when Pres. Obama was campaigning against H. Clinton.

Even Mrs. Obama got into the act. What a free for all. One thing that impressed me recently about the Obama's was the combination of arrogance, hubris and inability to take their own advice. They really are in a class of elites all by themselves, and they know it. I suggest you read former Pres. Obama's position that "somebody from on high directs that change."

H. Clinton considered about 50% of American voters to be the "deplorables." Romney wasn't forgiven for his comments about 47 percent dependent on government. Why would H. Clinton be expected to be given a pass for her remarks?

There were other oddities in the past weeks, too:

• The Piano Guys played a mash-up of "Fight Song" and "Amazing Grace" at Trump's Inaugural Ball.  The Piano Guys put up a video of "This is your fight song" on YouTube about a year ago. The video opens with this line displayed "Through Many Dangers, Toils and Snares,  I have already come; 'Tis Grace hath brought me safe thus far and grace will lead me home." However, it seems that the "Fight Song" song was considered by some to be H. Clinton's unofficial campaign theme song.
• The insult term "Snowflake" was also used in Chuck Palahniuk’s 1996 movie "Fight Club": “You are not special. You are not a beautiful and unique snowflake. You are the same organic and decaying matter as everyone else.” Now it is being applied to an entire generation. And they don't like it. I guess it hurts to realize there are another 7.5 billion human beings on the planet.
• Former President Obama promised the incoming administration that the No. 1 priority in his last days in the White House would be ensuring a smooth transition of power.  Pres. Obama then went about setting up as many policy and ideological roadblocks as possible, with the apparent intent to save his legacy and make his will the law of the land.  
• Mrs. Obama did her part, too, giving her own stump speeches and tearing into Trump while she was campaigning for H. Clinton. After H. Clinton's election loss, Mrs. Obama then went on "CBS This Morning" and declared: "We feel the difference now. See, now, we’re feeling what not having hope feels like, you know,........ I feel that Barack has been that for the nation in ways that people will come to appreciate........Having a grownup in the White House who can say to you in times of crisis and turmoil: ‘Hey, it’s gonna be OK. Let’s remember the good things that we have. Let’s look at the future. Let’s look at all the things that we’re building.’ All of this is important for our kids to stay focused and to feel like their work isn’t in vain, like their lives aren’t in vain. What do we do if we don’t have hope, Oprah?”   
• Obama's campaign was "Yes We Can" and Trump's was "Make America Great Again." I really don't see all that terrible a difference, but then, maybe not all of us were to be included in Obama's "we" and I suspect that is what the "deplorables" came to realize. That they were the "forgotten men and women" as Trump said.  
• As the Obama's left the White House yesterday, they literally flew toward the west "into the sunset" and were on their way to California. Have no fear, they will be back, like the Clintons before them. 
• On this day in 1814, during the War of 1812 between the United States and England, British troops enter Washington, D.C. and burned the White House. Yesterday the anarchists arrived and began "to resist" as they had been instructed and/or paid to do. 
• Today the "Women's March on Washington" in marching in cities including Washington D.C. Their published mission?  "On January 21, 2017 we will unite in Washington, DC."  The mission of the March? "We stand together in solidarity with our partners and children for the protection of our rights, our safety, our health, and our families, recognizing that our vibrant and diverse communities are the strength of our country......In the spirit of democracy and in honor of the champions of human rights, dignity, and justice who have come before us, we join in diversity to show our presence in numbers too great to ignore. The Women’s March on Washington will send a bold message to our new administration on their first day in office, and to the world, that women’s rights are human rights. We stand together, recognizing that defending the most marginalized among us is defending all of us. .......We support the advocacy and resistance movements that reflect our multiple and intersecting identities. We call on all defenders of human rights to join us. This march is the first step towards unifying our communities, grounded in new relationships, to create change from the grassroots level up. We will not rest until women have parity and equity at all levels of leadership in society. We work peacefully while recognizing there is no true peace without justice and equity for all. HEAR OUR VOICE." Gee, Helen Reddy would be proud I guess. Or perhaps not. Apparently the organizers have not allowed certain women's groups to officially participate. 
• Many entertainers said they would permanently leave the country, but they didn't. They shed their crocodile tears and complaints, cashed their checks, but decided to stay. Darn.
• In the name of Political Correctness we can beat or intimidate others, but don't you dare call me a "snowflake." Furthermore, it is okay to spew hate in the name of "political correctness." How bizarre is that! 
• While some of the politicians promoted how wonderful the economy is today, in fact the middle class continues to shrink, after years of attack by politicians and wealth transference. Those on the top are doing very, very well (like the Obama's who are now reported to be worth more than $25 million). The bottom has also expanded but has 49 million on freebies such as Medicaid, food stamps (SNAP) and subsidized Obamacare. We voted for change in 2008 but it seems many got "chump changed." 
• In recent weeks as part of the "back and forth" of the political process, some interesting Federal budget numbers came to light. Oddly, to give all of those freebies the federal government collected about $3.3 Trillion in 2016. In the eight years 2009-2016 it actually collected about $21.5 Trillion and borrowed another $10 Trillion. 
• In other words, for every dollar the Federal Government collected in taxes, it had to borrow another 50 cents to give away all of those freebies. 
• Where did the taxes come from? About 80% of the amounts collected are from personal income taxes and payroll taxes. 
• Continuing the above, the amount collected in Federal tax dollars in 2014, 2015 and 2016 was the highest ever collected by the Federal government, and this is taking into account inflation. 2013 was almost equal in revenue to the earlier highest tax collection year. That's four stellar tax collection years under the Obama Administration and Democratic leadership. And yet we still have to borrow $10 Trillion. 
• Yet, given all of this money, since 2009, almost $31.5 Trillion, our infrastructure is crumbling, our space program almost non existent, we have more poor today than prior to 2008. By nearly any measure we are failing. Unless we are one of the "elites" and the living in the richest counties in the US, which surround Washington DC. 
• It is probable that the annual expansion in "poor" probably includes those in the middle class who suffered under the economic disaster of 2007-8 and the economic malaise ever since. The politicians have gotten around this by talking about how the "macroeconomic" things have done well (think the stock market; but if you have no money you can't invest in the stock market, can you?). 
• The "improved" middle class has only happened by politicians who "extended" the definition of "middle class" further downward toward the poverty level.  In other words, if we include the poor in the middle class, why then the population of the middle class is ballooning! However, the facts are this. The number of households who are "Middle Class" continues to shrink since 2000, we amazingly still have about half of U.S. households in the middle class.  In fact, the Pew Research Center stated in December 2015 that "The American Middle Class Is Losing Ground - No longer the majority and falling behind financially". Where did the middle class go? since 1971, there are 11% fewer of us. Today the lowest (poorest) income tier is 9% larger than it was in 1971. The highest (richest) income tier grew from by 5%. In other words, twice the numbers of Middle Class families are dropping into poverty than are making it to the top. There are exceptions, of course. Today the Obamas are worth about $25 million with $200,000 in retirement income. The Clintons who stated they were "poor" in the 1990s are worth more than $200 million. So the political class is doing quite well and has risen to the top. As Pres. Obama said "You (business) didn't do that, government did that."  He really didn't mean that. did he? Think again.  
• Pres. Obama says "If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost."
• Pres. Obama also says:" We didn't become the most prosperous country in the world just by rewarding greed and recklessness. We didn't come this far by letting the special interests run wild. We didn't do it just by gambling and chasing paper profits on Wall Street. We built this country by making things, by producing goods we could sell."
• Pres. Obama also said: "If you’ve got a business — you didn’t build that. Somebody else made that happen. The Internet didn’t get invented on its own. Government research created the Internet so that all the companies could make money off the Internet. The point is, is that when we succeed, we succeed because of our individual initiative, but also because we do things together." He was quoted or misquoted. On the other hand, Pres. Trump was also misquoted and gleefully by some in the mainstream media. 
• Pres. Obama also said “Elections have consequences, and at the end of the day, I won.” – this to House Republican Whip Eric Cantor, January 23, 2009. 
• Pres. Obama also said “If you want just 100 percent and the notion is that the winner really does take all—all the spoils—sooner or later that government is going to break down.” – this to New York Times columnist Thomas Friedman, August 8, 2014. 
• The most interesting campaign attacks on H. Clinton included those which paraphrased an Obama campaign ad of 2008. You can get the transcript over at Snopes. Obama: "I’m Barack Obama, running for president and I approve this message." Announcer: "It’s what’s wrong with politics today. Hillary Clinton will say anything to get elected. Now she’s making false attacks on Barack Obama. The Washington Post says Clinton isn’t telling the truth. Obama 'did not say that he liked the ideas of Republicans.' In fact, Obama’s led the fight to raise the minimum wage, close corporate tax loopholes and cut taxes for the middle class. But it was Hillary Clinton, in an interview with Tom Brokaw, who quote 'paid tribute' to Ronald Reagan’s economic and foreign policy. She championed NAFTA — even though it has cost South Carolina thousands of jobs. And worst of all, it was Hillary Clinton who voted for George Bush’s war in Iraq. Hillary Clinton. She’ll say anything, and change nothing. It’s time to turn the page. Paid for by Obama for America."  
• Perhaps it is only me, but I find it interesting how members of the Democratic Party (DNC) do their best to backstab each other, sometimes even with the help of the DNC, They say all of these terrible things about each other while scrambling to get power, Not much different than Republicans. However, when the "alpha" male or female gets to the top in the DNC, then the Democrats all fight over getting a spot in the rear. Most recently that paragon of Democracy, Sen. Bernie Sanders. He slammed H. Clinton stating that she "wasn't qualified" to be president. “Are you qualified to be President of the United States when you’re raising millions of dollars from Wall Street whose greed, recklessness and illegal behavior helped to destroy our economy?” and this gem "“I proudly stood with the workers. Secretary Clinton stood with the big money interests” and my favorite “Well, I don't think Hillary Clinton can lead a political revolution”
• When H. Clinton was handed the nomination Bernie Sanders jumped right on board. He reversed course and said "Hillary Clinton must become our next president" . Even pseudo's like Green Party candidate Jill Stein quickly fell over backwards to get on board the H. Clinton Train. 
• After two years of the fun and games, I have concluded that the swamp is far, far deeper than Pres. Trump can imagine. Or perhaps he can. 

Here are a few of the political terms I've learned in recent times:

• Deplorable
• Deploraball
• Snowflakes or more properly "Snowflake Generation"
• Snowflake justice warrior
• Regressive Progressives
• Libtard

Why, they'll have to print a new dictionary at this rate. I found the "Urban Dictionary" definition of a Libtard to be fascinating. Here is what they say 'As repetitive as it sounds, it stands for "liberal retard." A libtard wants to live in a fantasy world (in which life is the way that they WISH IT WAS) as opposed to dealing with life the way it actually is."

And then there are all of the slogans, too:

• The end of hope
• Make America Great
• Yes We Can
• Stronger Together
• Pillary Hillary
• Trumpster in a Dumpster

etc.

HOA Shareholders Meeting

This week will be the annual meeting for our HOA. This shareholders meeting is an important annual event. Our HOA is a not-for-profit corporation with 336 owner-shareholders. Board members are owners who step up and are elected by the other shareholders for terms of one or two years.

During the meeting the owners who attend will be given a "State of the HOA" assessment by the current board members, and after the election tallies are in, they will meet the new board members.

Will we have new board members, members who have never previously been on the board? Or will we have the same old, same old? The youngest member of the board, by age, is not running for reelection. After several terms that is appropriate. It's time to pass the hat to owners who have not done this before. It's appropriate to create the opportunity and nature abhors a vacuum. Working on the board should be an enlightening, educational experience. Something each and every owner should do, and be willing to do. "With knowledge comes wisdom."

Is there anything significant to report to the owners on Thursday? Yes, there is. I am a member of the budget committee. It has been working on the reserve plan. Simply one of a thousand tasks that must be done here by a volunteer body of six or seven. If not, then we drift and there will be consequences. If not, then we'll simply pull out a dart board. Will it be the "feel good" dart board, the "same old focus on O&M" dart board? Or the "just wing it" dart board? HOA boards can pick and choose their approach, and boards do. 

If this annual meeting is true to form, we'll have somewhere between one-third and one-half of the owners in attendance. Most will listen and ask questions. A few will opine about what the board should be doing, or what the board is doing wrongly. In other words, what "someone else" should be doing. Sometimes the opinion expressed is about "What the board should be doing for me." 

What's Important?

In fact, this HOA faces some serious challenges. These are not insurmountable. Nevertheless they are real and there will be consequences for owners.

What kinds of consequences? Owner Fees, for example. The budget for 2016 will be determined in October, less than 30 days after new board members are in place. I would suggest this. In a HOA where very few owners attend monthly meetings, just how prepared do you think the new board members will be to discuss a budget in excess of $1 million?

After the annual meeting, the board, whoever they are, will make the decisions necessary to keep this place running. Maintenance, projects and budgeting/fees will be determined by the board. Will the next five years proceed smoothly? Not necessarily. Boards are comprised of ordinary owners whose only mandate is to 1) Act as a fiduciary, 2) Leave any personal agendas behind, 3) Exercise sound business judgement, 4) Use common sense and 5) Avail themselves to the guidance of competent professionals.

However, it will be entirely up to the board to use their common sense and business judgement when steering this behemoth of a HOA through the annual mine fields. Is it easy? Absolutely not. Previous boards have stumbled to build reserves, have stumbled to maintain the HOA, have stumbled to act as fiduciaries and have stumbled to uphold the Bylaws and Rules & Regulations. 

Yes, it is a minefield and far more treacherous than the potholes we had on Lakecliffe. Those were preventable. But boards made a series of decisions commencing about 2000 and there were consequences 10 years later.

My point is this. Every board is significant and important to the well being of the HOA. Each board makes short- and long- term decisions. There will be consequences to each decision. If boards make poor decisions there will be financial consequences. Streets may disintegrate. A few years ago we had a small group of owners who argued this place could be well maintained with an army of handymen with lawnmowers. Really? Really! So to owners I say, choose wisely.  Some HOA owners appear to be willing to let others make the decisions and the mistakes, and then complain about it.

It is true that we can do everything right and things may go wrong. That is the exception to the rule in my opinion. Good decisions and good choices have good results. Reserve studies are tools to be studied and discussed. But boards are reluctant to do that. As with all tools, they can be used, misused or abused. Have you ever seen anyone using a screwdriver as a hammer? I have. So too with finances and planning. Sometimes board members will take the position "we don't have enough"and then boards will raise fees. Sometimes the position will be "we have enough" and boards may spend frivolously or unwisely. It takes study and some financial wisdom to figure this out. It also takes consistency. We live in a dynamic, changing world. Simply because we made a decision last year has little bearing upon current reality and current outcomes. That is why frequent and recurring surveys of all things HOA are a necessity.

It is necessary to have stamina and consistency. Being a board member is not something for the hip shooter. But we can all learn from the experience, if we are willing to learn.

What Must We Do?

The greatest single impediment to success is the owners. What do I mean by this? I'm addressing a lack of involvement. When only a handful attends monthly meetings, when less than 50% attends annual meetings or votes, that is a serious problem, IMHO. This is my single greatest concern for this HOA. In such a vacuum any group with a personal agenda can take control of the HOA. It happened before and it will happen again. What I can't predict is precisely when this will occur.

I do think that a few will answer the call of duty and will perform as fiduciaries.  In fact, I am of the opinion that more than a few will show up at some point in the future. When will that be? Most likely the trigger will include the completion of the roofing project, the completion of Lakecliffe Blvd and the HOA has achieved oh, $2 million in the bank in reserves. At that point, the call of that money will be overwhelming to a few. "Save it and they will come to spend it."

It is a fact that politicians love to spend. Every HOA has its politicians and BLMH is no exception. We also have a few who covet the savings of this HOA.

Who are they? They will come out of the woodwork at some point in the future. They did before. Human beings come in all shapes and sizes. There are those who do good and then there are those who are up to no good. Welcome to reality.

What Will I Do? 

There are limits to what I can or will do for this HOA. Board members are owners who volunteer. We're supposedly no different than any other owners. So where are the other 329?

It is a fact that none of us have to live here. That includes me. Among other things, I am a long term planner.  I have a plan in progress. I won't live here until I die. After my death, my unit won't foreclose. My past due fees won't be inflicted upon the other owners, as another "bad debt" that they will have to pay via their monthly fees.

Living in a HOA, even one as well managed and as lovely as BLMH is voluntary. If an owner can't tolerate rules, boundaries or fees, then they really should live somewhere else. Renting is cheap. No responsibility and no benefits either. Just pay each month and when things go bad, complain to the landlord. No one has to worry about the hot water heater, the fireplace or the furnace. Hot water and heat comes with the rent. For some, that is the best option in living.

HOAs aren't apartments and they don't have landlords. Owners have the responsibility to maintain their units, pay their fees and plan their independent futures. If they are unwilling to do this, then they should leave and live elsewhere.

Boards aren't comprised of politicians. We can't make owners happy; there simply isn't enough money to do that.

In a well run HOA, every dollar collected from owners via fees has been earmarked for a specific task which is consistent with the structure and purpose of the HOA. So it is at BLMH. There is no money to flush or throw around indiscriminately to make a few owners "happy." If there was, then I assert that the fees are too high. HOAs are not supposed to have a "slush fund" taken from the pockets of owners and squirreled away to deal with special interests. Yes, owners who want to be coddled are "special interests." This isn't COD, or the State of Illinois, or Chicago, for that matter. Each and every professional this HOA retains is a contractor (yes, they are contractors via legitimate businesses. They aren't "employees" of BLMH). Owners won't be paying their retirement; any such funding is the sole responsibility of the firms which have these employees.

Why Don't We Have 100 Percent Attendance?

We have a few offsite owners. For anyone living in Florida or Thailand, it would be an imposition for them to attend. It would also reduce their profit as airline tickets, motel, etc. would be a business deduction but would also lower the bottom line. 

For any of the others, I really can't say why they don't attend. It is true that some of our owners think they live in an apartment complex, or a retirement community. Some of these truly believe that the management company owns this complex. Some also believe the board is a group of paid professionals. 

It is easier for some owners to make believe than to determine what is real and act responsibly and accordingly. 

HOA Elections

It's that time of the year when HOA elections at BLMH occur. Our HOA has 336 owners. But we have some difficulty filling seven board positions. However, we recently had a full board of seven.

In a few days we'll have our annual meeting and owners will elect several board positions. Our president, after several years has decided this is to be his last term on the board. We have several incumbents who I understand are running for another term.

Will other owners be sufficiently motivated and concerned to step up to fill a board position? I certainly hope so. I've been asked me opinion of the lack of owner involvement and I has consistently stated that it is the issue of greatest concern to me at this Home Owners Association. Governance is an important component of a HOA. It it is lacking, then it really isn't a "Home Owners" association is it?

When asked why they don't participate many owners will say they are "too busy." Some see the board as an authoritarian body whose primary task is the unpleasant one of enforcing rules. Rules such as paying one's fees. In the past a few have taken the position that paying monthly fees should be strictly voluntary and so too for any other rules that are not convenient. Everyone seems to agree that the HOA should be maintained, but there is some disagreement about who should pay what. A few years ago, it seemed a board took the position "pay if you can." That was unworkable of course because money is necessary to pay everyone from the City of Wheaton water department, to our snow plowing service to the landscaper.

There are differences of opinion about what constitutes the proper maintaining of the property.  As a fiduciary, it is a board member's duty to uphold the bylaws and the rules, and maintain the property within reason and impartially.

Impartiality is one of the tripping points for owners. Everyone agrees we should be treated fairly and equally. In other words no special favors, everyone is to uphold the rules and pay their fees. However, these are generalities. When the rules apply to each of us is when they become unpopular.

This confusion about board duties and responsibilities led to some serious disagreements a few years ago and two board turnovers. This confusion lingers even today. Some would prefer that the HOA take on the maintenance of their units. Beginning with fire places, and as long as we are at it, why not the furnace, air conditioner and hot water heater, too?

These are "manor style homes." Forty-four of them on a property of about 40 acres with 15 acres of turf, hundreds of trees, three streams and waterfalls, perhaps a half-mile of walks and so on. Operating and maintaining the common element aspects requires ALL of the fees. There is no money remaining to assume the responsibilities of individual owners.

However, some owners want to live in a home like environment with private walking paths, etc. but would prefer the costs of an apartment. Some see the bank balance for the HOA and are of the opinion this is a lot of money. Yes, it is. However, this HOA has taken ten years and nearly $2 million dollars for a roofing project. That's about $200,000 per year and it took far longer than ten years to accumulate this. The project is not yet complete and may require another 2 or 3 years.

Street and water mains are another infrastructure area which has required large sums of money. Taking care of about 100 dead and dying trees has also been expensive.

The street project will continue with work on cul-de-sacs for another few years.

All of these projects and other day to day maintenance will take every dollar that our owners contribute to the HOA via their fees. Most do this without complaint or incident.

Not all are happy. But then, making people happy is not one of the duties and responsibilities of a HOA board. Will the coming election be a popularity contest? We'll see. This election will be important, as are all elections at BLMH. I've been in a race against time since 2007. There remains much to do to build an organization.

Yes, It's True....

and I have been elected to the board of managers of BLMH.

Thanks to all who supported and encouraged me in this endeavor. There is a lot of work to do.

One of my first tasks will be to pick up a copy of the reserve study and begin digesting that.

Additional Information Posted in Response to an Inquiry:

I posted additional info as a response to an inquiry about who won a position in this election. There were four candidates and three positions available:

I won a position.
Our current Treasurer won a position.
Our current CD won a position.

September 24, 2010 4:39 PM

Awarding "Winners"

September is the annual meeting here at BLMH. It is also election month for the Board of Managers. This is an opportunity to make a few observations on the subject of elections and voting. Voting that is, by unit owners for representation and also debate and voting by the board during association meetings.

We have at least one current board member who has used the term "the majority" or "we the majority" when advocating specific positions here at BLMH.

I beg to differ.

The current system is one in which about one-half of the unit owners DO NOT vote, and about 10% of the unit owners and renters belong to the "Neighbors Club", including three or more board members. The numbers indicate this does not represent the majority. I am unaware of any recent board member achieving a vote of 51% of the 336 unit owners; specifically, achieving votes of 171 unit owners here at BLMH. Some of our board members are appointees, appointed by the "winners."

The voting system here at BLMH suffers from majority failure and is a plurality system.

So I think it is at best an exaggeration and at worst, untruthful for any board member to state or to believe that by election they represent the majority here at BLMH, and have achieved a mandate for "change." That is truly political! At best, being elected is "an opportunity to perform" and is an opportunity to "be of service."

The system merely produces "winners" who after collecting sufficient proxies have the privilege and opportunity to serve the unit owner body as members of the Board of Managers. I find it appalling that some seem to use their positions to enforce "fairness" in accordance with their own narrow and skewed definition of such. I also find it somewhat ironic.

I'll be publishing a post on the subject of "fairness" in the near future. I'll also be looking at how board action creates "winners" and "losers." This has been written while observing two years of "change" here at BLMH. (Note 2).

It is very important to realize that "silence means consent." That is why, on many issues, I am not silent. It is why the members of the board must be engaged at all times in a thorough debate. I have observed that when things go wrong, there are always those who will say "how could this happen?" I suggest we look in the mirror.

During our association meetings "Robert's Rules of Order" are not followed, referenced or adhered to in any meaningful way. I'm aware that the complexities of these "Rules" limit their application and that many organizations handle this by using abridged, published versions of the "Rules".

However, the point of the rules is to promote meaningful debate and to maintain order while that debate continues. It provides structure. However, it seems that the goal here is to limit debate and to toss out that which we don't understand. If that were taken to extremes in, for example, our finances, that would mean no balance sheet; simply a check book. The unit owners would simply be given a statement of the account balance at the end of each month. I'm waiting for the argument "that would be simpler, wouldn't it?" Besides, "everyone could understand THAT!" and finally "Is it FAIR to publish anything that unit owner's can't understand?"

I suspect that about two decades ago, that is how this association was managed. How else to explain years of 0% fee increases and even a "negative" fee increase? If this were a co-op or some form of social club, I suppose "giving back" of surpluses might make sense. But this isn't.

Our former architectural director was chided or criticized for "talking too much." I didn't always agree with his sometimes lengthy presentations, but I did understand he was attempting to communicate the "why's and the wherefore's" of what he was doing. He clearly understood that he was a representative. Of course if you believe you represent the majority, then I suppose you also believe that whatever you do is the will of the majority. That seems to fit the statement and position taken by certain board members.

For a group that has made the rules a focus and spends a substantial time talking about fairness and those "rules" its interesting to me that our board has for two years, "thrown out the book". As a consequence, debate is limited. The board seems to have forgotten that "committee" or "focus group" reports are merely recommendations!

It is only when presented to the assembly and the question is stated, that debate begins and changes occur. We don't get debate. We usually get quick presentation and then group voting in which it seems that the majority had made a decision prior to the association meeting. For any board member and particularly for the president to "vote with the majority" is a disservice to the association and to the unit owners.

Comments, Corrections, Omissions, References, Miscellaneous News
Note 1. I don't mean debate in the form that we see most frequently in our politicized society, or in legal dramas. I mean debate in which an open inquiry is made in which all aspects of a subject are explored and argued, including the benefits and potential problems. One of the purposes of such debate is to reveal or unconceal hidden flaws. We are all in the same association, aren't we? As unit owners, we are all equals. So board discussion should be from the perspective of how any measure will enhance or detract from all aspects of ownership and living here at BLMH, and if such motions may disturb that equality.... Shouldn't it? Board failure to thoroughly debate these issues creates winners and losers among the unit owners. It also creates enmity and feeds frustration and jealously. This may or may not be intentional.

Note 2. Here's a sneak preview of a post in progress. "Fairness" is a very subjective term. I see it frequently used to justify a position and to get a specific response, agreement and sometimes achieve a specific board vote. One particular manipulation is the statement "That isn't fair" or "That would not be fair." When I hear this, I always ask the question "Not fair to whom?" and "What specifically are they talking about?" All unit owners are equal in this association. If we are treated equally, uniformly and consistently, isn't that the "fairness" we should be striving for? If our board was really interested in "fairness" they would prioritize the promotion of that which supports such "fairness". Board members are supposed to be non-political. That, to me, means altruistic, which in this case is unselfish representation. In elections that would mean promoting the association which includes the active promotion of participation to achieve increased voting. If they don't promote such equality, then what are they promoting? And who benefits by this?

Our attorney made a presentation to the board and to unit owners. He stated that such things including lax collection procedures are "unfair" to all unit owners. But using someone else's definition, as spoken in this association, vigorous collection would be "unfair" to a few. In particular, those who are currently struggling to meet finances. Last year a unit owner told me "You are a hard man." Am I? Is it being less than considerate if I oppose spending association money to the specific benefit of a very few? Ineffective collection procedures benefit whom? I've suggested that those who are concerned take up the hat and pass it around. I'd like to get the "vote" tally of the number of hands that deposit something. However, talk is cheap as they say; particularly when it is someone else's money that is being spent.

Another question to ask: If I am in arrears with my payment of association fees, and our association follows published procedures for collection, is that "board repression?" I believe, based on statements made, that some here do believe that it is "repression." Would it be appropriate for anyone to run for the board or to use this as a justification to replace another board member? Who is really being "fair" in such a situation and who is not?

Some think that "fairness" is measured by how it is applied to "me" and by how "I" benefit from such application. Several years ago, the fact that the building occupied by the board president was the recipient of a a new roof, was alluded to as a glaring example of "unfairness" at BLMH. We have had three buildings with their roofs replaced. The list of the next roofs for replacement has been released. I haven't heard any of the loathing and nasty statements that were made under earlier, similar circumstance, although the current board president is in one of the buildings. Strange how this was so significant, but now "it's perfectly okay." I have stated repeatedly that if an association doesn't have written policies and procedures, and if management isn't significantly involved in the selection process for such upgrades, then people being people, such animosity and jealousy are frequently the result. Some previous board members, who have been replaced, understood this and a list of driveways most in need in 2009 was prepared by management. It would be wise to promote "fairness" that is not subjective and is unquestionable. Wouldn't this be a much better place to live?

Regarding our collection procedures, I did suggest an alternative to the board during an association meeting earlier this year. An alternative which would improve our collection procedures with no onerous methods that could be construed as "repression." The board did not respond and nothing happened. So I suppose our Accounts Receivables continues to increase. That is money owed us. Under the law, this association may never collect all of it, and perhaps only a small fraction. That was explained to the board and to the unit owners who were present, by our attorney. Is it "fair" that fee paying unit owners should carry the burden of the unpaid fees of others? Our attorney says "no."

Note 3. My goal here is to provide information and stimulate debate. I also want to provide uniformity. Everyone should hear or be told the same thing. I'm not tailoring any of this to YOU specifically, so your neighbor won't be reading something different than you are, on this blog. However, saying one thing and then another, in other words, telling people what they want to hear, that's politicking, isn't it?

I once received an email from the president of the board requesting that I send an email list or statement rather than a copy of this blog. I declined because this blog and for example, the post on "Increasing Unit Sales" was intended to engage you and to solicit a reaction and perhaps some action from you and the board. If nothing more than to ask "why not?" It worked, and got my point of view to at least one of the board. There wasn't any public board debate. It didn't result in any specific, committed action.

Note 4. I understand that the "Neighbors Club" stated that about 90 people attended the "summerfest" picnic in 2009 and that this year, the attendance was about 65. Why the lowered attendance? The party was posted in the lobby of my building and I assume, in the lobby of all buildings. I could not attend because of an out of town conflict. I can't speak for others. I understand that vacation travel is 'up' this year. Perhaps there were fewer residents in the area the scheduled weekend? Or perhaps simply less interest? Pick the statement that supports your position, that's the way things are usually done here!

Am I Running for the Board?

Am I running for office this year, you may ask? Well, as of today, August 26 I have not submitted my candidacy form, because I am frankly undecided. Why the hesitation? That's the subject of this post. On August 25 I called FUPM to get the submittal date and I was informed that they had not yet received a single candidacy form. Ah, you gotta love political games. We have one current board member who either runs again or loses her seat and there are two appointees whose seats will be vacated.

Getting back to the question. I see many, many impediments to getting the job done. I'd like to serve on the board, but I see very little possibility for accomplishment. It takes a majority to pass votes. I see our manager holding his head during meetings (frustration?) and I think "that could be me."

Last year, I did run and I achieved a respectable number of votes; however, an insufficient number to win a seat. Last year I prepared and mailed a letter to the unit owners, at personal expense and the assistance of several other candidates. None of us was elected.

After the election, a vacancy was created, however I did not volunteer. That was, among other things, a test for this board majority. I was curious to see if they would discuss this with me. As was pointed out to me by others, I was "next in line" when the individual who was elected declined the AD position, thereby creating that vacancy.  At the time, I also had many of the concerns I express here in this post.

I was never asked by the President nor anyone else on the board, nor was there any discussion of the position. That told me lot about the new board. I think they forgot that they were elected representatives and they chose to turn their backs on many of the the unit owners who had voted. Before anyone gets all bent out of shape, this "isn't about me". It's about honoring the unit owners, acting as elected representatives and running this association and getting results. More on that later.

Did I really want the job? Well, as one of the board quipped during one of our association chats "the good news is, I won a seat on the board and, the bad news is, I won a seat on the board!"

How do I feel about this today, and how does it influence my decision to run or not to run? I suppose to be honest, I have to tell it the way I see it, and that will take a few more minutes.

As I view it, this association is in trouble and we missed several critical opportunities. We can never, ever, go back. Money spent is gone forever. Time wasted can never be recovered. In the fall election of 2008 the new board comprised of the Communications Director and two others, both of whom have since resigned, appeared to support the position that the fees are too high and there were votes against a fee increase. In 2009, the recommended candidates of the Communications Director were elected and the board was then able to motion and pass a 0% fee increase. That's all well and good, except for one very large problem. No serious attempts were made to reign in costs. There was no simultaneous announcement of cuts, no substantive budget reductions. So costs and spending have actually increased, and income has decreased.

We needed minimum $50,000 annual spending cuts. We went in the wrong direction.

For the past two years, efforts have been instead placed on social issues, and squabbles with previously elected board members. This included all kinds of petty issues; for example, how to put reinforcing mats in sidewalks, etc. While this went on, money was spent, and continues to be spent, that can never be recovered. The attitude was and is "You have the money in the budget". I know, because when the issue of reducing spending came before the board in a discussion of landscaping during an association meeting, that was the advice of management. So spend we did.

That brings us to "today", two years later and after the new direction at BLMH.

So where exactly is that? The board majority seems to operate at best as a reaction to events. There is no association plan. As someone who is committed to planning and preparation, this poses an impossible situation. There is absolutely no structure for fulfillment.Then we appear to have three groups of unit owners. About 1/2 of the unit owners don't vote. I suppose that means that about 1/2 of us are expecting a "free ride". Pay the fees and go to our unit, pop a beer or soda and walk the dog or feed the cat or goldfish. When things don't turn out as expected, come to an association meeting and complain or bring a few friends and disrupt it. How is that relevant? Well, I don't expect these people to do anything until they, like the board majority, feel that their "rights" or whatever are threatened. Then they'll be a reaction, and band together and show up. Until then, they'll do nothing. So they are of no support to anyone who wants to get things under control here. By the time the mob shows up, it will be far, far to late. That leaves the remaining 50% who do vote. Some of those are motivated by a personal agenda. They include those who show up at association meetings and act as shills or shout things like "What do we get for our money?" or something to the effect "What are you going to do for me?"

To sum it up, perhaps 25% of the unit owners are interested in workability and are willing do something about it. They vote, participate in some ways, such as picking up the trash in the street, painting their air conditioners, shoveling snow, cleaning the halls, etc. They create a small opening for some possibility. So what about the board?

Some on the board are trying. However, the board majority seems preoccupied with social issues, projects, the newsletter, providing donuts and coffee with the board, and the Neighborhood Club. That is an significant impediment. That provides a board voting block which prevents anything substantial from getting done. I'm not talking about driveways or roofs. Those will eventually get done. We have specifications and we have money, and the board can always collect more or get a mortgage (Note 2). Eventually, these projects will occur. But at what cost and when?

So what am I suggesting and what would I expect? How about a program to complete all projects and simultaneously reduce fees? How about reducing spending and simultaneously maintaining the streets, streams and grounds? How about better use of our unique facilities? Is that possible? Perhaps. But my numerical analysis isn't encouraging. As a former board member said "what do you know?" I've asked this board to produce their planning documents and all I get are backward looking spreadsheets, old balance sheets and a reserve study by management which they prefer to ignore, and have.

So, if I ran and if I were elected, the question is, how to function as an effective member on such a board and in such an environment? That is the big question. As a professional problem solver, I get paid to ask the hard questions, come up with straight answers, present alternatives and then get results. I don't think that's possible with this board majority. I'm sure the unit owner minority who is in this entirely for themselves will not be helpful, either.

Here is a question: Don't they realize we are in the grips of a really nasty recession, that costs are increasing, that this "recession" may continue for years and I mean perhaps span a decade; that retirees living on social security may not see increases again this year or the next, or the next? That inflation may rear its ugly head and sooner than we think? According to the data published by the association on its website, we had about $24,000 in past due unit owner fees as of December 31, 2008. I wouldn't publish that information here, but hey, our board decided to put this on the BLMH website for the world to see. I brought my concern to the attention of the board President. The email response I got was "Maybe you're right, although I'm not sure it really matters so much." As of today and several weeks later, the report is still on the official website. So in the spirit of supporting the board, I suppose they are right and I am wrong. So what harm can it do to publish those numbers here?

This financial information was made available to unit owners about one year late. I have no idea of the audited figures for 2009.

I've attended many association meetings in the past three years. I do so to look, to listen and to say "is that workable?", "are there alternatives?", "what's missing?" and "how would I solve that?" That's what I do for a living. I also attend to protect my investment here and my quality of life. Shouldn't we all?

Here's one of many, many possible examples of why I see little possibility on the board at BLMH. In those meetings, unit owners come and complain about the issues of selling their unit. This is not simply an association problem. So how to distinguish our association in this terrible real estate market? I published an argument for the production of a sales or marketing brochure as an aid to unit owners. That was in April. In May, our CD announced at the association meeting that "someone" had suggested a sales brochure. She went on to state that this "might be a good idea." Prior to the August association meeting, I emailed our board president and reiterated our CDs statement and requested that an update be presented to the unit owners. I also requested that if no progress had been made, that the unit owners be informed of "why not." There was no update at the August meeting. Instead, I was given an email which stated, among other things, that "This seems a good idea in theory; I'm not sure how many owners would actually make use of it. It might be one of those things you put effort into and then it's not used.....it seems to me that this would fall in [our Communication's Director's] area. From what I gather, she is not interested in pursuing this idea in the near future. If you feel strongly that this would a useful project, perhaps you might consider drafting something and passing it along."

I didn't offer to take this on and declined. Why? There was no assurance of any kind in the email that what I produce would be used. Nor did I get a response from our CD. I reluctantly concluded that I would be wasting my time.Am I wrong? We have about 25 unit owners who want to sell and a fully staffed board, one of whom has no specific duties or assignments. They can take it on.

And that is, in a nutshell, the dilemma I see in having a position on the board of this association.

Other things to consider: Our former Architectural Director would not take on the position for a limited term  because he stated he could not accomplish the job with only one year. He said other things which I will not repeat here. In other words, why take on what may be an "impossible" assignment? The job is not overwhelming. However, as I stated earlier, I see no "structure for fulfillment". "Damage control" and being a reaction to everything is not for me. Another question to ponder: Why take this on and become a larger target and the "bearer of bad tidings?" Let's assume that the reserve study, which was sent back to the author for "rework" reveals problems, or, why did Management reverse course and press forward a request for a 7% increase during the August meeting for the sole purpose of funding reserves? Someone is going to have to make the serious decisions required to achieve cuts in services and spending. Or, fees need to increase to cover both the expressed need for more reserve funding and to cover the increased costs of day to day operation. Or both!

So after two years of partying we now take away the donuts and get down to business? Who is the "volunteer" who is going to go before the electorate and give them the bad news? And in the process, get booed and tomato-ed? I'm sure our current board is looking for someone willing to be a target and provide them with both political and literal cover.

Comments, Corrections, Omissions, References
1. Are we having fun yet?
2. After the 2009 election, a new member of the board answered my concerns about budgeting and perceived shortfalls with the statement that "the association can get a  mortgage." That's not acceptable to me.
3. I've written 213 blog posts for this site. This is the 181st to be published. The others are "works in progress."

“Official” Election Results - Oct 10, 2009

The results of the September 24 annual meeting and election were posted in my building on Saturday. The announcement stated that “four individuals were elected to two-year terms”. It also stated that “the candidate who was elected for the remaining one-year term has declined that Board position; therefore the Board of Directors will be appointing someone to fill that position at the November 12, 2009 meeting.”

These are summarized statements made by the elected candidates and included in the election packet mailed to all unit owners on August 31, 2009:

1. A former homeowner who was an administrator in a non-profit for 23 years (public relations and fund raising). Married with children and grandchildren, travelled overseas extensively, teaching English, promoting projects, etc. Inner-city pastor for 17 years. Policies/objectives are 1) Being responsive to residents, board, management and 2) Developing a stronger sense of community. Time Conflicts: Retired.

2. For 35 years, served in various capacities in a non-profit corporation, including managing properties and programs for camps, building a thriving publishing house. Have worked under a board and been a founding member of several boards, internationally. “In retirement, I am offering to help BLMH become a vibrant community which will be attractive to prospective buyers and increase the value of our homes.” Policies/objectives: BLMH “needs a board that is willing to listen to owners and residents and that is transparent about all aspects of its deliberation through careful and complete minutes of board discussions for any owner who wishes to read them.” Our monthly fees are “twice as much as some other associations.” Using the Community Association Institute will be able to effectively review all aspects of our association to improve efficiency and eliminate wasteful overpayments. BLMH needs to change from an administrative association to an aspirational community. “The board is to serve all owners, not just themselves.” Time conflicts: Retired.

3. Volunteer experience as a leader for Boy/Girl Scouts of America, past president of PTO at middle school level, worked on numerous fund raising committees. Policies/objectives are 1) Help maintain and improve a safe environment for all residents of BLMH to live. 2) Be open to all suggestions but only come to conclusions after much thought and deliberations. Time Conflicts: Working.

4. Senior administrator at a nearby college. Manages a budget of $3 million, develops and leads 26 employees as a productive team, and negotiates large contracts with outside vendors. Has served on the boards of other organizations. Policies/objectives: to enhance the value and beauty of our community’s assets, and encourage neighborliness, through competent, transparent, and fair-minded stewardship. Time conflicts: none.

Reference: Community Association Institute  http://www.caionline.org/Pages/Default.aspx

Post Election 2009

Our new board will meet during a "workshop" closed session early in October. This meeting will also be attended by our professional manager(s). The purpose will be to determine which roles and positions each of the board members will assume. This meeting will also be for the purpose of determining the budget for 2010.

Our association has a number of positions specified. However, last year some of these remained unfilled or the duties of multiple positions were performed by a single individual. For example, the Architectural Director performed that role and also the role of the Treasurer. The new position of "Communications Director" was created during last year's "workshop".

There exists in our association a list of duties and responsibilities for some of the positions. For other positions, such as "Communications Director" I am unaware of the job description, nor do I know if one exists. This information has not been released in our official communications, which is our newsletter. However, I did post an older list of board member job descriptions in June 2009, and a link is contained at the end of this post.

As of this morning, the official results of the election have not been posted in my building and so I, as is the case for any of the unit owners who are not in the inner circle or did not attend the election meeting to the full conclusion, am unaware of the official results. However, I do have some information.

Unit owners provided sufficient votes to allow the Architectural Director one additional year to work with yet another new board. He ran for a two year term, to assure that the programs can reach some level of fruition. Completion, if the board allows it, could take 5 or more years. I understand that he has declined this invitation because one year is unworkable.

The individual who performed the role of Architectural Director was also our Treasurer.

Among the reasons to vote against him, were the fact that he has supported our professional managers and he was not endorsed by our Communications Director. He also supported assessment increases and he has been criticized for allowing me to work with him. I volunteered to work with our Architectural Director last year because by attending meetings I became very aware of what he was attempting to do, became alarmed by the efforts to delay the projects, the formidable conditions that were against him, and the urgency facing this association. In 2009 he pressed hard to commence the roofing and driveway projects in the few months of available good weather. He was delayed in those efforts by our Communications Director and by our Landscaping Director. This was accomplished by disruption of meetings, bickering over such minutia as who was to change light bulbs in the association, bickering over the need and method for drainage improvements, the relocation of downspouts, arguing over bid necessities for such things as $500 concrete work, the delays in coordination of landscaping, etc. and lengthy discussions about the capabilities and qualifications of our maintenance company and unauthorized presentation by a competitor. All of this prevented the board from coming to a consensus and delayed project approval. This is why our 2009 roofing projects got such a late start, and the driveways have not yet begun.

At this time, the status of these projects is unclear. I understand we no longer have a Treasurer or an Architectural Director.

References
Job Descriptions: http://briarcliffelakes.blogspot.com/2009/06/board-of-managers-part-4-job.html

Duties:
http://briarcliffelakes.blogspot.com/2009/05/board-of-managers-part-3.html

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