The Corporate Transparency Act (CTA) was passed in 2024. Under the CTA, corporations were to file a Beneficial Owner Information Report (BOIR) on or before January 1, 2025. BLMH is a Not-For-Profit Corporation and so it is mandated to file these reports.
Above: Intermittently, for a time, boards informed owners of association finances
Newsletter 2008 excerpt is an example of earlier board willingness to communicate with owners.
The boards of 2019-2021 prefer not to do so.
https://tinyurl.com/BLMH2021
Life and observations in a HOA in the Briarcliffe Subdivision of Wheaton Illinois
Best if viewed on a PC
"Briarcliffe Lakes Manor Homes" and "Briarcliffe Lakes Homeowners Association"
Updated Surplus Numbers
Average fees prior to 2019
Better budgeting could have resulted in lower fees
Monday, December 30, 2024
Corporate Transparency Act (CTA)
Saturday, December 3, 2022
Final Post - We sold our condo
Our condo |
Several years ago we decided to sell our condo. We had two options: Rent it or Sell it. BLMH by-laws permit rentals. However, we decided we didn't want to do that. Furthermore, we didn't want to sell it to an investor.
Circumstances intervened, including the CCP Covid-19 pandemic. So our plans were delayed several years. We had established places to live in two other states because we are RVers. So, the condo sat fallow most of the year.
In 2020 I decided it was time to permanently close my business, and I went through the office furniture, etc. and cleared it out. In the fall of 2020 we spent some time on the east coast. That delayed preparing the condo for sale. Then winter set in and we headed to the Southwest. In June 2021 we rented a U-Haul and took some choice pieces of furniture to our winter location. Upon return to Wheaton we helped a neighbor move. Then winter set in and we headed to the Southwest.
Finally, in spring 2022 we began prepping the condo for sale. Residuals from my business were disposed of.
In June and July I emptied the home office. I scanned old documents and photos and tossed the originals. A professional service shredded documents and hard drives.
There were a number of minor repairs to do, and these were completed in July, August and September, while we pared our belongings.
We gave a lot away to Amvets and Goodwill. The condo was ready for staging in early October and the condo was placed on the market on October 6. We immediately got several offers from investors, but we noted issues with the contracts.
A short time later an individual buyer made an offer and we accepted.
The closing was scheduled for late November, early December and has been sold.
Good-Bye to Illinois.
Monday, December 27, 2021
Projects reports to Boards and to owners
Project costs of 2018, presented to owners during the 2018 Annual Meeting |
Project reports to the HOA owners and the board are useful. It is important to track expenditures but in my experience, boards at BLMH didn't do a good job of tracking the actual long term project costs. There are a variety of reasons to do so, including the building of better budgets and the preparation of owners for positions on the board.
Of course, this information must also be responsibly communicated.
I prepared a variety of spreadsheets and charts as a member of the board 2010-2018. This is one in a continuing series on the benefits of doing this. Owners get better insights, and the board can make better decisions, if they choose to do so. See Notes 1, 2, 3 and 4 as an example.
The chart above was presented to owners during the September 2018 annual meeting. That was my final meeting as a board member. (Note 1).
When I was a board member, I created spreadsheets as condition reports and surveys to present to the board so the board could properly perform its fiduciary duties and maintain the property. I also created spreadsheets to track project expenditures as the board voted to perform that maintenance. To be clear about this, Management did provide this information in a different form and presentation to the board each month via the monthly "Information Packet". However, my goal was improved communications and better board decisions. The board's decision to replace management effective January 1 means I can't say anything about the future.
In 2018 I made a sheet and presented it during the annual meeting, so owners could see where the board was spending the reserves. I did similar sheets for a variety of projects completed or undertaken during previous years. I was on the board for eight years and millions of dollars were spent on roofs, drainage, streets, water mains & fire hydrants, driveways, garage floors, streams, common decks, unit patios & property bridges & decks, tree removal and replacements, and so on.
I do have a very good idea of how much was spent and where. How is that? Because I paid attention and kept notes and made spreadsheets. The chart below is an indicator. I held a variety of positions over an eight year period, including Maintenance, Architecture directors, and president. I made it a point that that these financial insights were all thoroughly discussed. Owners, who are the shareholders of this not-for-profit corporation, were informed during meetings and via the newsletters.
There is no requirement that owners attend association meetings, although I also made it a point as a board member to promote that they do, and I rewarded those who did with informative meetings.
As an example, I included the chart above as part of presentations to the board and to the owners during a regularly scheduled meeting and I telegraphed it via the newsletter. I would have included more and at times I even expended the pages in the newsletter to provide additional information.
Not all board members agreed, and some remain on the board to this very day. Since 2019 that has been reflected in the newsletter and in the termination of the BLMH.org website by the board in 2021.
Even the "Welcome Packet" was allowed to wither by non-supportive board members. It hasn't been updated, nor is it available online.
Sunday, December 12, 2021
Patio Condition Survey
Patio Survey - My Spreadsheet September 2012 Survey by our Manager and I. Presented to the board in September 2012 |
After I joined the board in September 2010, I initiated a lot of onsite surveys. These were a necessity because the board was unaware of the condition of much of the infrastructure. The earlier board had left in September 2010 but did not turn over condition reports to the new board; I suspected there were none. Management provided whatever they had and that became the beginning of regular, annual surveys from 2011-2018.
I did the survey, for some of them management joined me, and for others another board member joined me.
The need for these surveys became apparent when several owners approached the board in September 2010 and reported issues with garage floors. The board considered a repair, but I asked if we had a list of the condition of the 84 garage floors on the property. We didn't. I asked the board to delay a replacement until a proper survey could be made. The board agreed.
The garage floor condition survey was conducted in early 2011 and was reported to owners in the May-June 2011 Newsletter. That survey revealed eleven garage floors in "poor" condition. The article is available by clicking here:
May-June 2011 Newsletter - Garage Floor Survey
To avoid any confrontations, I would never do garage or patio surveys unless accompanied.
Patio Survey
The garage floor survey was the first of many, regularly scheduled annual surveys.
The patio survey in the image above was submitted to the board in September, 2012. One board member, who had been on boards for a couple of decades contested my findings. It was her position that earlier boards believed that they had repaired all of the patios. The facts and owner statements disproved that.
I conducted a formal survey because I observed some patio issues during my normal walk-arounds on the association property.
All of these surveys had the intention of best directing maintenance resources and avoiding breakdowns. All resources were paid for by owner fees, and breakdowns would be at a minimum an inconvenience for owners, and at worst, require higher repair costs. Higher costs result in higher fees.
(c) N. Retzke 2021
Sunday, November 28, 2021
Streams Project
Waterfall #2, new walk and bridge - partially completed status in 2014 |
In 2010 the HOA Board decided that the streams at this condo association were to be maintained, reversing two decades of decline. The streams are an important architectural feature of this homeowners association. This video indicates project highlights, which required 6 years and included decks, bridges, 3-manmade streams, pump pits, pressurized water lines, and the installation of retaining walls and numerous concrete repairs. I led this long term project, and the replacement of 500 feet of water mains, a major street, replacement of 26 large roofs 2011-2014, 60 driveways and numerous garage floors as well as drainage and lawn improvements 2011-2018.
The decision made in 2010 was made at a time that owners were struggling with the consequences of the banking disaster of 2008, and the recession of 2007. There were foreclosures and delinquencies. The board had to answer the question "Do we need to implement a cost reduction program?" and "How to go about reducing costs?"
One item discussed was the streams. These are man-made, two were in poor condition and all use city water at HOA expense. Shutting them down would reduce maintenance and utility costs. On the other hand, they couldn't simply be abandoned. The board would have to come up with a plan to remove them.
Here's the owner delinquency situation. At the time of these discussions the delinquent amounts were spiking:
Delinquency Amounts 2008-2018 |
The board in fall of 2010 decided to maintain the streams and replace a failed pump. At the time, I told the board this decision would have long term consequences and as a board member I set about designing a program to restore the streams and reduce water consumption.
The program needed to wait until the roofing project was completed. We also needed to address serious problems with Lakecliffe, a street which was failing. Most driveways needed to be replaced and numerous garage floors had issues.
It took a number of years to complete the project envisioned in 2011, and the significant steps were completed in 2018.
A 15 minute YouTube video:
Notes:
- The man-made streams consist of an elevated waterfall and concrete bowl. Water flows downhill from the bowl, via manmade streams to a crushed stone pond. At the pond a pump, buried in a pit, pushes the water back to the waterfall via a buried pipe. The elevated, concrete bowl is built above a layer of clay. Cracks in the bowl allow water to escape into the soil, below. The water migrates through the soil, flowing downward until it reaches clay, which is a barrier impervious to water. Upon reaching the layer of buried clay, the water continues to flow downhill along the surface of the clay. At Stream #3 that flow is toward Lake #4. Decades ago, a wall was constructed adjacent to a building and drain tiles and crushed stone installed to divert water around the building, with limited success. Additional work on that drainage system was included as part of the streams project.
- Actual annual operating costs include water and electricity for the pumps. Water is required to initially fill the streams and water replenishes that lost via leaks. The ponds can and do overflow particularly during rainfall. The property is not level and has about 15 acres of turf. Rain water and snow melt flows from roofs and will find its way to some of the streams. This can exceed the capacity of the ponds. (See photos, Note 15).
- During warm weather the waterfall pumps must operate continuously. If the pumps stop, the streams will empty. They must then be recharged with costly city water.
- The stream water pumping systems are maintenance items and can failure. Because the pumps run continuously for about 6 months each year, a pump will wear and will require maintenance after 3-4 years. The water lines to the waterfall are under pressure and these can and do fail. The line for Stream #1 did and a major section was replaced in 2018. The pump pits were installed in 1978. These were galvanized steel. These rusted and failed, allowing water and mud to fill the pits, burying the pumps and making pump maintenance costly and difficult. During the stream project all of the pump pits were replaced with heavy duty plastic double walled cylinders suitable for direct burial. Other mechanical improvements were made to reduce the labor required to maintain the pumps and pits.
- During the work on the streams, waterfalls and ponds, a lot of grading occurred to direct the flow of seeping water away from buildings. Such water can undermine concrete patios and building foundations. Additional direct burial piping was installed to direct such flow to storm sewers and to streams.
- The bowl for Waterfall #1 was replaced. Repairs were made to the bowl for Waterfall #2. It is likely additional work will be necessary on the waterfall bowls, in particular at Waterfall #3 if the seeping of water through cracks is to be further reduced.
- The streams project was delayed by other, more urgent and expensive projects. The overall state of association infrastructure was "disrepair" as of 2010. The stream project required detailed cost analysis. The reserve studies of 2010, 2011 and 2015 were helpful. G& D Management and the contractor who did the work were essential, as were the maintenance company. It was necessary to identify issues, determine solutions and costs. Concrete technology has advanced and we used a concrete for parts of the project that included strong fibers dispersed throughout the mix. The additional cost of this advanced concrete was minor.
- It was a goal to reduce operating costs. These costs include labor to maintain and repair, water consumed and electricity. This project is not complete. My plans and notes are included in seven boxes of documents, drawings, sketches and notes I accumulated 2011-2018. Some board members had little interest in this information. It will be shredded and will vanish, as did the years of Newsletters the boards of 2019-2021 deleted from the official association website.
- Some board members have preferred splashy, expensive landscaping projects at the ponds, rather than maintaining the system. Such eye candy should only be done after the maintenance is done. For years it wasn't. The Landscaper promoted these expensive and profitable projects, the owners appreciated the eye candy and re-elected those boards. Shrewd board members, interested in re-election accommodated. However, this deferred needed maintenance, ultimately contributing to the demise of the stream system and higher costs and owner fees.
- The waterfall and pond of Stream #3 was found to be in the best condition. A large deck had been installed earlier (in the 1990s?). However, thereafter the other stream systems were ignored, or maintenance suspended and relegated to patching small problems.
- The stream project began in 2013 with the identification of sub-projects and phases of the work. Actual concrete work began in 2014. A portion of stream #1 between Thames and Lakecliffe was repaired. That section, from the gazebo to the pond was muck. It was dug out, a layer of clay placed, then a liner and crushed stone above. The gazebo which was rotting was removed. It was planned to install solar shales, but one board member wanted wood. So nothing happened.
Commercial quality solar sails
Photo from Newsletter July-August 2017 - In 2014 an engineering study of the streets provided sufficient information to determine a course for action in dealing with the failing streets. The street project would occur 2014-2022 if the boards agreed. Lakecliffe, Salisbury were replaced 2014-2018 with patching of Dover, Harrow, etc. Significant work remained for 2019-2022. In the spring of 2015, an updated survey of the streams was conducted with management. The completion of Lakecliffe and Salisbury streets were anticipated and in 2015 a schedule was created for completing or patching the remaining streets.
- I videotaped the stream survey and presented it to the board. We discussed the scope of the work and I proceeded with detailed planning. That videotape is incorporated in the YouTube video and in included in its entirety.
- During the period 2013-2018 significant repairs were made to the water mains on the property. Several fire hydrants were replaced, several B-valve shutoffs were replaced, and about 500 lineal feet of water mains were replaced. This too had to be balanced with all of the other maintenance projects.
- Not all board members were supportive of these efforts. Special thanks to the President 2012-2015, and the Treasurer and Maintenance Director who departed the board in the fall of 2018. They were the prime motive force to accomplish many of the projects at BLMH.
-
One year after I had this retaining wall put in,
the board voted to hire a landscaper to replace it with large slabs at great cost!
(c) N. Retzke 2021
Tuesday, November 23, 2021
Failing and Failed Streets - Ultimately a failure by boards?
The Notes are an important part of this post. Three or more of the current board members participated on boards 2012-2018, made decisions or were present when they were made, and they experienced what is depicted in the photos (Note 5).
For more posts about street repairs, go to Note 10.
This post is a case study and I use the streets of the association as an example.
A lot of association money, which is to say, owner fees, has been spent repairing and replacing streets at BLMH since 2002. In fact, streets installed at great cost during 2002-2003 showed signs of premature failure in 2007. (Note 6). That was one of my motivations to join the board. It has been my position that owners can ill afford the fees required to deal with premature failures of major projects, which are a consequence of board and contractor failures.
Boards will argue that they aren't professionals. Considering the size and age of the association, my position has been:
- We need capable professionals on the board.
- We need more skillful and capable boards.
- Board members should be aware of their limitations and act accordingly during votes.
- Boards must be comprised of individuals who will act as fiduciaries on behalf of all owners. Some board members think they represent and act on behalf of, and in the best interests of, the association, which is a not-for-profit corporation. They don't. They represent the owners who are the shareholders.
- Maintain the streets which are vital for resident access.
- Spend the fees collected thoughtfully and carefully.
- Develop long term programs using facts, data and expert opinions. Avoid guesswork.
- Stabilize fees using better maintenance and financial controls.
- Avoid unnecessary delays which exacerbate problems and result in more costly failures.
- Sequential expenditures required for remaining street repairs to be completed 2018-2022: $229,290
- Total, possible expenditures for street repairs to be completed 2016-2025: $467,026.
My chart presented to owners during the September, 2016 Annual Meeting (c) N. Retzke 2016-2021 |
- 2011 = 6 roofs (six 8-unit)
- 2012 = 6 roofs (five 8-unit and one 4-unit)
- 2013 = 6 roofs (five 8-unit and one 4-unit)
- 2014 = 8 roofs (eight 8-unit buildings).
- 2012-2018 drainage work related to all roofs (84 entries and other areas).
- Board discusses projects and alternatives, tables decisions by a month or more.
- Board decides which projects to complete during the current year.
- Board directs management to get bids, etc.
- Board reviews bids and if necessary gets clarifications.
- Board selects the contractors.
- Work is finally scheduled.
Presented during the 2018 Annual Meeting I kept owners informed. Image (c) N. Retzke 2018-2021. |
The boards of 2013-2018 took a lot of steps to be fully informed about the condition, remaining life, and costs and annual expenditures to deal with failed and failing streets. We made a lot of decisions about streets, including commissioning sophisticated tests to determine why some were in such poor condition and others were failing (Ref: 2013, 2014). A consulting engineering firm retained for this purpose advised the boards during that period that streets needed to be replaced, and extensive repairs made by 2022. I've included photos and a table in this post. (Notes 3, 4, 5).
Using professional guidance, extensive street replacement and repairs were made during the period 2012-2018. This phase of the work was supposed to continue and all street asphalt work was to be completed by 2025. This was considered sufficiently important to be an item in my "Guidance" Newsletter insert to owners and future boards in 2018. That was my final newsletter.
The boards of 2019, 2020 and 2021 decided not to do these repairs. Dover, Plymouth and Gloucester show even more checkering today, and whole sections are failing. The board also decided not to apply GSB-88 preservative to Lakecliffe. That's a proven technique used to extend the life of streets in Wheaton and by other nearby communities. I obtained a proposal in 2018 and it was to have been implemented by the board of 2019.
It is a fact that road deterioration caused by delays to road repairs, including a lack of crack filling, will result in higher replacement costs (Note 2). Higher costs mean higher owner fees.
- Cost of asphalt, curbs and sewer Lakecliffe Project 2015.
- Cost of replacement of asphalt and curbs, Lakecliffe Project 2014.
- Cost of Thames asphalt, per bid.
- Estimated cost for Harrow asphalt work.
- Estimated cost of Dover asphalt work.
- Estimated cost of Plymouth asphalt work.
- Estimated cost of Gloucester asphalt work.
- Additional estimated costs of concrete curbs and gutters.
- The total cost of all of the above.
To prepare the spreadsheet I included the lineal feet of each roadway, the percent of roadways for each of the streets and extrapolated costs for:
- Lakecliffe + Salisbury.
- Thames.
- Harrow.
- Dover. Plymouth. Gloucester.
- Total lineal feet of all streets in the Association.
Notes:
Note 1. Three of the 2019-2022 board were present during the annual meeting which included extensive presentations about costs, projects and planned expenditures, Other board member(s) were owners at the time and were also present. Two of the 2019-2022 board members were on the boards for all decisions, votes, presentations and reports discussed in this post.Note 2. Boards in the period 2013-2015 were made fully aware of all of the issues of association roadway factors. This included deterioration, the consequences of delays to repairs, and the potential failure of roadway stone base. The association hired a professional engineering firm, conducted additional professional tests of all of the Roadways and so on. All of that information was discussed at length by the boards at the time. The current board has two members who have decades of experience and were present for all of those discussions, reports and presentations. They were also on the board and present during the entire replacement of Lakecliffe, Salisbury and Thames, and the water mains beneath. Yet, they decided not to do the curb, basin and street repairs and resurfacing of Dover and Plymouth scheduled for 2019 - 2021. Based upon condition, Gloucester could be done as early as 2022.
Note 3. A thorough engineering study of the streets was conducted in 2014. The data in that study was provided to the board and this information was used as part of the decision making process to completely replace Lakecliffe and Salisbury in 2014-2105. It was also used to resurface Thames in 2018, to make extensive repairs to Dover and Harrow Ct. , and to patch Plymouth. Studies recommended additional repairs or complete replacement of Dover, Plymouth and Gloucester. Only partial repairs have been made to Harrow Ct.
Note 4. Street Survey - My summary spreadsheet of the engineering studies. Note that 5 inches of asphalt is considered the minimum for residential streets per the Consulting Engineering firm that prepared the reports. BLMH streets had a total asphalt thickness of as little as 2.0 inches:
Checkering leads to holes. That's a yardstick in the photo |
A patch may provide a short-term solution, but the problem will spread, damaging the street base |
Delaying the replacement of asphalt leads to more serious street destruction which is more expensive to repair |
Ultimately, the entire street including all patches will fail, because the stone base is damaged, has failed, and cannot support the asphalt resting upon it. |
- A lack of urgency by long term board members: "We can do it next year, or the next, etc.".
- A need to catch-up when avoidance becomes impossible, or owners become angry. Eventually failures of infrastructure can no longer be ignored. Owners wake up.
- Board decisions 2002-2005, including the faulty replacement of streets during that period. Most financial resources were allocated to the expensive roofing project which required perhaps $2 million including roofs and associated drainage.
- A failure of boards to perform other timely repairs and maintenance.
- A preference of earlier boards to defer and "kick the can down the road" to later boards.
- An inability to set meaningful priorities.
- Personal agendas.
- Putting beliefs ahead of facts.
- An desire by board members to maintain personal appearances and to be re-elected.
- The age of the association and infrastructure.