9,000 emails - Whew!

Communications is critical in a Homeowner's Association.  The problem is that someone has to formulate that communications in a responsible way.

Among board members, that may mean preferring phone calls.  We aren't up to the level of "groupware" yet. In fact, regular access to a PC or the ownership of a "smart" phone is not a board requirement. However, with free email readily available (such as gmail) and a nearby college and the computers of the public library, it is possible for even those board members who don't have high speed internet at home to access email on a frequent basis.

Of course, that is not adequate when there are urgent matters to attend to.

Is a phone a problem? Well let me simply state that in our HOA we've had cliques formed from time to time among board members. That means a small group stays in communications, keeps others in the dark and then runs the agenda of their leader. That has been a problem in our HOA from time to time. It is a great way to hold and consolidate power, and it is a great way of manipulating the process while keeping other board members in the dark.  Politics and these types of power games have no place in a HOA and among the board, but this is reality. Not everyone should be on a HOA board, not everyone is willing to act as a team player, not everyone is willing to be a fiduciary and some do prefer to play these types of games.

I prefer email and that generally worked. Why my preference?

1. It is self documenting - information can be formatted, proofed and sent to everyone who needs to be informed. 
2. It can be forwarded to interested parties, and to others who "need to be in the know".  This is particularly valuable when promises are being made, timelines and dates established or duties and requests are being made. 
3. People act differently when writing email. It's amazing how much more cordial and thoughtful people can be when they know whatever they send can be printed and distributed. There is no "he said/she said" confusion. 
4. It can be sent to everyone on the board, or just those board members who must be informed. For example, financial needs or info or requests to the Treasurer, with copies to the vice-president and to management.
5. It can be prepared in advance, saved as a draft and then sent at the opportune time. For example, I preferred not to send emails to management on the weekend. They are entitled to time off, and I didn't want the emails to get buried. I don't know about others, but until recently because of business, I frequently received 100 emails, or more, each day. These were all directed to me and required some sort of a response. 
6. If used properly, it can be readily searched and threads are apparent. 
7. If a unique subject line identifier is used, then even large email databases can be searched. For example, if the HOA initials are used as a subject item, such as BLM. 

Email does have limitations.

1. Some people will refuse or avoid using it. In particularly those who are lazy, don't want to be accountable or responsible. Sadly, that's not the way it should be in a volunteer organization which is supposed to be comprised of fiduciaries who are supposed to be on a team and share the load. But this is reality we are talking about. So some won't use it, won't reply to emails and so on. The most intransigent will argue against communications. We've had one board member who has argued this way, going so far at to take the position "No one reads the Newsletters" as a position to avoid writing articles. Sad!
2. I say "if used properly" because that requires sticking to the "Subject" in each email thread and creating a new email for new subjects and topics. You would be surprised how many people use email as a kind of "stream of consciousness" communications device.
3. Likewise, it is easy to create "data storms" where people begin to respond to an email, then a thread, and then to another thread. Get five or more board members doing this over a day or so and it is almost impossible to deal with the messages which become cross-threaded and jumbled. 
4. Email should not be used to avoid public discussions during association meetings. But some boards use it that way. 

How many emails did I send or receive during my short time as a board member?

About 9,000 emails according to my records! 

Copying and Distributing Emails, Politicking, Planning and Preparation

Recently, the President of the board objected when I quoted several of her emails on this blog. This gave me an opportunity to review the use of email, courtesy and protocol.

But first, let me state this. Our board has a fiduciary responsibility to the unit owners. That means, among other things and as one unit owner recently stated to me, "there should be no politics in this association". They then went on to acknowledge that there is politics, that this is a recent change and that for many years it wasn't that way.

Most of the questions I ask the board are specifically designed to be those any unit owner should be asking, and the answers affect all of us. If a board member sends me an email pertaining to the workings of this association and specifically to my questions as a unit owner, and the subject is the association at large, as far as I am concerned, that's a response to the unit owner body. If a board member sends me a specific response "tailered" to me, or designed to tell me what I want to hear, or what they think I should hear, that's BS and a breach of fiduciary duties. I am going to take this opportunity to remind this board that that they do, in fact, have fiduciary duties. Politicking is unacceptable.

Yes, we have an election coming up. So now I suppose it's time to stop working and crank up the BLMH vote gathering machine. But I suppose we can only expect our elected representatives to do that which they are best at, and if that is running for office and spreading donuts and coffee, so be it. Or perhaps you are unaware of the economic situation in this country? It does and will continue to affect each and every one of us, and this association.

A piece I wrote was recently published (Reference 1). In it I asked a question which I paraphrase here: "How are you going to handle this problem: Suppose this economy sputters along as it is for another 5, 6, or more years?"

That's a question we should all be asking. "How will this association deal with another 6 or more years of economic malaise?"  I'm not talking about the current state of affairs. I'm talking about the evolving situation and consequences of another 5 or more years of this economy. An economy in which people who are tapped financially, do finally run out of resources, where real estate continues to flounder and people are trapped in their homes or condos. What happens when the nearly $450 billion in ARMs (adjustable rate mortgages) reset between now and 2012? How does the association deal with a sudden inflationary increase, should that occur?

I know, you may say that we are currently in what is called very low "inflation" or "deflation" and many prices are stable or increasing at a low rate of 2% annually. However, this situation will not continue indefinitely, and prices don't always conform to that low rate of increase. So, how do we deal with a situation where energy prices again "spike". For example, effective July 14, ComEd raised the price of electricity by an average $9 per month per residential customer. My average bill is $55.36 per month. A $9 monthly increase is about 16.4%! ComEd has also petitioned for an delivery price increase, and that review will be completed in the spring of 2011.

My point? The electricity cost of running the stream pumps, hall and street lighting has increased. Where will that come from? Our board voted in a 0% fee increase, so they obviously expected costs to decrease or stay the same.

Now, what happens when we do get other "price increases?" For example, the contractor for the driveway project awarded last year withdrew his bid. Why? because he could not honor the price he provided to the association last year, I have been told. What does that mean to the association? Any driveways completed this year will be at a cost greater than that quoted and planned, last year.

We have no money in our budget for price increases which affect day to day operations. We do have substantial reserves. So we can absorb price increases for driveways. Or can we? The problem is, it will cost more to do the driveways than was budgeted. That means, we're not collecting and saving enough. So how does the board adjust spending to avoid raising fees and at the same time complete all of the necessary, planned and unplanned projects. A lack of planning DOES NOT constitute an emergency.

These price increases will continue. It's the normal course of events. However, while prices may increase at an "average" rate of 3 to 5% per year, there are short term discontinuities. As for example, the 16% ComEd increase I noted above. Other "spikes" occur from time to time in oil. As a consequence, the price of delivery, and the price of manufacturing many things increases. Asphalt is made from oil. Certain roofing shingles also contain oil byproducts. So when energy and specifically oil prices increase, the price of all kinds of goods also increase.

Are we prepared for a shift from "deflation" to "inflation"? Well, that may be a concern to you but in fact there is very little you can do about this except ask your elected representatives on the board the hard questions. They are the ones with the duty and responsibility to make things work and get the job done. They also have the authority to do so.

So are we prepared? I say "No" we are not.

Have we done all that we can do to prepare? I say "No" we have not.

Do we have a plan? I say "No" we do not.

That's the way it is.

Our Landscaping Director has investigated reducing or "turning off" the lights, to save energy, or so he has stated during association meetings. Previous boards ran afoul of unit owners who didn't like the subject of "service cuts". The concept is acceptable to some unit owners, as long as they are not affected. Our Communications Director asked for a tree planting in "her" back yard during the August association meeting. The Manager had to remind her that we have only $30,000 remaining in the entire landscaping budget for this year. Her solution? She stated that she and her neighbors are willing to pay for the tree. Great. Rome is burning and what is the issue? "Taking care of Number One." We have many unresolved issues, and there are storm clouds on the horizon. We have a fully staffed board. What will it take?

Returning to the Email topic of this post:

Here is a tip to all. Emails are not secure. When you send an email, it is stored, somewhere in the "world wide web" on a computer or computers called "servers". Emails can be intercepted, altered, and viewed by others, including technicians, law enforcement officials, governments and "secret agents." For that reason, it is best to consider that emails may be intercepted or occasionally routed to the wrong individuals, and may be viewed by others. Mistakes or errors sometimes occur, and your email may be incorrectly delivered. Emails may be corrupted; that means information may be altered or deleted, or several emails may be combined.

You have no way of knowing if emails are properly delivered, intact to the intended recipient and to only that person.

So what to do?

First, never send personal information in emails. By that I mean things such as birth dates, social security numbers, drivers license information, bank information, passwords, etc. Second, it is prudent to have a statement as a footer or signature on each email you send. Many email providers and software such as Microsoft Outlook provides a means to do that. Even Google's GMail has provisions for a signature, which is included automatically on each email that you send.

Most of my emails contains a footer, which is an explicit statement. I include it as a notice to the recipient. However, compliance is voluntary and my statement is sometimes ignored. Let's be realistic; there is no way to know exactly who sees our emails. How many forwarded jokes and so on do you get in a day? Also consider the possibility that emails can contain malicious code, or programs, designed to infect your computer for the purpose of stealing your information and even sending your keystrokes to others. That's right, "they" may actually know what that password is that you enter, as you enter it. Nothing like a "zombie" infected computer to make life interesting. .

If a message is really confidential or sensitive, I probably shouldn't send it via email. Many of my clients still send really sensitive information via facsimile for that very reason. If speed is not of the essence, then U.S. Mail works fine.

Security is a practice and a discipline. Keep your anti-virus and spamware up to date, scan incoming and outgoing emails.

Here is the footer I use. It's on 99% of my emails, even the stuff that doesn't require it. That's the problem with automation. You get the same result time after time after time! So, sometimes I take a few seconds to remove it and at other times, I'll include it in the body of my text, provide a specific statement giving permission to forward or copy the email, with instructions. Why? Because it's easier to add that statement than remove this footer:

This email and attachments is confidential and may contain legally privileged information, under international, federal, or state laws.

Unauthorized forwarding, printing, copying, distribution or such use of information is strictly prohibited and may be unlawful. If you are not the intended recipient, you should not copy, distribute, disclose or use the information it contains. Please e-mail the sender immediately and delete this message from your system.

Please be aware that E-mails are susceptible to corruption, interception and unauthorized amendment; we do not accept liability for any such changes, or for their consequences.

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

Reference (1):
I recently wrote a piece and the title selected by the publisher was: "Take Control of Your Finances".

Note:
1. I'm not certain of the exact percentage increase in my electricity bill. I'll have to run an analysis after a complete bill under the new rates.

Please remove my email from your blog.

On reviewing emails, I discovered one from our board President, dated August 10, requesting that I do the following:

"I am not willing for you to post a copy of my email message on your blog. Please remove it......"

I'll review this and I'll consider it. However, I think that it is important that unit owners be aware of what is occurring here at BLMH. The board publishes our financial records on the web. The board makes requests for items to include in the newsletter and then does not respond. In other words, the board decides what is fit to print and what is not. I appreciate their desire to control all information here at Briarcliffe Lakes Manor Homes. However, is that appropriate, and does it serve the unit owners?

Garage Sale Issues

From time to time, the issue of garage sales come up. This is discussed at Association meetings and there are a few unit owners who would like to have such an event. Unfortunately for them, garage sales are prohibited in BLMH.

I received an email about this and responded to the writer. Here is that email and my response:

"Hi, I live in Briarcliffe but I am not an owner. I would really like to have a garage sale and so would everyone in my unit. I would think because all 4 homes want to have one that I would be allowed. Who do I ask? Thanks [name withheld]"

My response:

"Hi [name withheld]:

The issue of a garage sale is determined by the bylaws and rules & regulations. As a renter, you may not be aware that the streets, walks, lawns, etc. within Briarcliffe Lakes Manor Homes (BLMH) are owned by the association and are entirely private. Unit owners and the association are responsible for all maintenance and repairs, and any damage and insurance.

Most of the streets in our city are maintained by the city, and liability for repairs or accidents passes on to the city. That is not true in BLMH, and all costs are passed to the unit owners. Liability for all accidents or damages are also passed on to the unit owners and the association.

For that reason, there are restrictions on the use of streets, drives and all other property in BLMH. As a renter, you are also restricted. Living in a "Planned Urban Development" has some advantages for the unit owners, such as extensive landscaping and grounds with a park like atmosphere, and completely private streets. The disadvantages include the lack of "deep pockets" as the unit owners shoulder the burden of all financial responsibilities.

The subject of garage sales is discussed from time to time during association meetings, which are attended by unit owners.

I suggest you contact the management office with your request and ask for a clarification of the rules. You could also discuss this with the unit owner from whom you are renting.

Norm"