The Board of Managers - Part 3

In Parts 1 and 2 of the Board of Managers, I looked at some of the legal aspects governing our Association and the Illinois Condominium Act under which our Association operates. I also looked at specific agreements and oaths made by candidates to our Board of Managers, and by the elected Board of Managers.

This post takes a look at some of the specific duties and responsibilities performed by the members of the Board and some of the issues they may face in performing their duties.

In future posts I will delve further into the relationship of the Board to the Association and the unit owners, our professional managers and our contractors. From parts 1 and 2, it could be assumed that only the Board of Managers have duties and responsibilities. That is not true and all members of the Association, which include our Unit Owners, have certain responsibilities.

Our Board of Managers works as a team to manage the Association. Duties are distributed among the members, who have titles which provides some insight into their specific responsibilities. However, the board has an overall set of duties to perform. In doing so, the entire board acts as a single unit. As stated in earlier parts, the Board is bound by its duty to know the laws as they apply to the Association, to faithfully follow the governing documents and to avoid independent member action. Documents include the Illinois Condominium Act, the Bylaws and the Rules and Regulations of our Association and the Board Member Oath. Our Board of Managers have our professional managers, attorney and accountant to support them and to resolve conflicts between the Condominium Act and the documents of the Association. The legal hierarchy is generally the Condominium Act first, then the Bylaws and finally the Rules and Regulations.

Members of our Board of Managers have various titles, which would imply the method in which various duties are shared. I have noticed Unit Owners sometimes come to meetings and direct questions to one or another member of the board, based on their title. I have observed Unit Owners argue with the Rules and Regulations Director about infractions or issues regarding the Rules and Regulations. During these exchanges, other members of the Board may appear to be aloof or detached. The Unit Owner questions or arguments are, in fact directed to the Board as a unit, whether the Unit Owner intends that or not. Members may at times forget that.
Members of the Board may also forget that they are to uniformly and consistently enforce the rules even if they do not agree with them. Such enforcement is to continue until and if rules are formally changed.

For an example of the required unity in action and the provision of equal treatment to unit owners, when a member of the Board of Mangers walks the site, he or she is bound to observe and report infractions or problems. If a member of the board takes the position “that isn’t my job” they are, in fact, avoiding their responsibility and undermining the Board and the Association.

All members of the Board, unless physically unable, should walk the property as part of their duties and be watchful for maintenance issues, observe the operation of contractors and are to report any concerns or issues to the board. Duties are shared. If that were not so, then all Members of the Board must look away, in every similar case! But to do so they would avoid their responsibilities. Inaction is not allowed.

I am not aware of an written statement or statements of the specific duties of members of our Board of Managers. This allows members to “pick and choose” their duties, and could permit individuals to avoid specific duties. This allows for “duty drift” in which tasks and responsibilities morph over time or are eventually dropped out. This leads to unequal load sharing and enforces the perception by Unit Owners that a specific member of the Board is totally responsible for certain duties, or certain actions. It allows individual members of the Board to avoid responsibility or the perception of responsibility by Unit Owners, opening responsible members of the Board to individual attack.

In the real world, when tasks are not completed, the duties fall upon one individual and that could be the President. In the real world, some duties are never completed. However, the Board is required to act and to state it again “inaction is not acceptable.” Eventually if the Board fractures and individual members realize they are going to be left high and dry by the fellow members, they will leave the Board. Observant Unit Owners will see this and will realize that “being of service” to the Association as a member of the Board is not a desirable task, and will avoid volunteering to be a candidate.

When addressing one member of the Board, Unit Owners are in fact, addressing all members of the Board. If a Unit Owner has an issue with the Rules and Regulations, or assessments or whatever, it is inappropriate to act as if one member of the board is responsible. All members of the board operate on the behalf of each and every unit owner, share responsibilities equally and should be so treated by Unit Owners. Rules, fees, etc. are to be fairly and uniformly enforced and violations are to be uniformly addressed. The goal of the Board is to achieve willing compliance. Unit Owners who approach this as "punishment" may be out of line. However, if "special treatment" is given to certain Unit Owners due to circumstance, then when other Unit Owners are not given the same treatment or are cited for rules violations, they may construe that they are being "punished" or treated unfairly. They have a point.

The board monitors its members to assure compliance and fair dealing, and the professional Manager also monitors the board and coordinates activities. Of course, various Unit Owners also monitor the activities of the board. Members of the Board of Managers who are out of compliance are subject to censure and may be removed from their specific office, although they may also remain on the Board. Censure may also bar the member from closed session. Censure of a member of the Board may occur if there is evidence of misconduct in office or for violation of board rules, or if the member deceives or misleads fellow members of the Board of Managers. Censure is a formal rebuke and can lead to dismissal from the board.

I would post more information about the specific duties and responsibilities which correspond to the titles of the various members of our Board of Managers. However, in the absence of a formal document I will not do so at this time. I will in the future post a list of probable duties for each position. So I caution the Unit Owner that the specific title of a member of the Board of Managers should not be used by Unit Owners for making assumptions about specific duties and responsibilities. With the addition of new titles, there is a possibility of confusion regarding who is actually doing what. Collectively, the duties of the Board of Managers generally fall into the following. The order in which they are listed may not be the order of priority.

1. To comply with the Property Act, the Bylaws and the Rules and Regulations of the Association.
2. To appoint board officers and positions; for example, President, Secretary and Treasurer.
3. To use sound business practices.
4. To maintain the Common Areas of the Association.
5. To adapt and operate Budgets.
6. To adapt and maintain Reserves. Reserves are for three purposes; for emergencies, for capital expenditures or deferred maintenance and to cover uncollectable debts.
7. To determine fees and assessments.
8. To collect the fees and assessments from Unit Owners.
9. To adapt and enforce rules.
10. To operate in a reasonable manner in the event of emergencies to protect the property of Unit Owners and the common interests and elements.
11. To represent the Unit Owners.
12. To conduct regular board and association meetings.
13. To hold elections for the placement of members of the Board of Managers and to determine procedures for candidates.
14. To maintain proper records of the Association.
15. To maintain proper and necessary insurance.
16. To pay any required taxes or such fees.
17. To assure that the Association operates in such a manner that it does not unlawfully discriminate.
    

In fulfilling these duties, there are specific actions that are performed. Collectively, our Board of Managers oversees the operation of BLMH. The board sets policy and establishes the procedures to meet its responsibilities. It operates open meetings and holds fair and free elections so that the Unit Owners are properly represented. It determines procedures for identifying qualified candidates.

The board provides information to the Unit Owners and communicates problems and issues and explains the solutions and rationale for applying them. Communications with the Unit Owners may be via meetings, newsletters and other means. Communications in matters affecting the entire Association or common interest of Unit Owners are communicated to all Unit Owners. Segregated or divided communications to special groups creates different tiers of Unit Owners. Associations are prohibited from this type of behavior. Email has created special problems for Associations. Emails between members of the Board of Managers or between members of the Board and groups of Unit Owners possibly violates the mandate for open communications and for equal treatment. Special care must be taken by members of the Board of Managers to assure that these violations do not occur.

The board assures that BLMH is operated in such a manner as not to discriminate on the basis of national origin, race, color, creed, gender, sex, religion, gender, disability, or familial status. It assures that all Unit Owners are treated equally and fairly in the enforcement of rules, the granting of privilege or the appointment to positions.

The board monitors the various members of the Board of Managers to assure proper oversight of their actions. It enforces rules of conduct and may provide materials and workshops for training and education of its members.

The board keeps a watchful eye on association trends and issues which can negatively affect the Association and its members. It may propose changes to the Bylaws, Rules and Regulations when viewed as in the best interests of the Association or as mandated by changes in the Illinois Property Act.

The board hires and fires the association contractors, which includes our professional managers, our accountant, lawyer and the various maintenance, landscape, snow removal and cleaning companies.

The board develops budgets, prioritizes maintenance tasks, identifies aging components or infrastructure which will require replacement or repair and develops plans for maintaining or replacing these components. It also develops the financial plans and reserves for that purpose. The board develops plans for completing all of the mandated tasks, identifies needs and in other ways develops financial plans which are adequate so as to avoid financial emergencies. It determines how funds are to be spent for the operation and maintenance of BLMH.

The board protects the financial interest of the Association and it makes every reasonable action to collect assessments, late fees, fines and penalties. It uses lawyers and the courts when necessary to protect the interests of the entire Association including the recovery of delinquencies.

The board acts at all times and in any matter that will affect the collective interests of the Unit Owners, but cannot act for individual Unit Owners. The board acts on behalf of all Unit Owners and the Association in matters affecting the entire Association, the property of BLMH, the filing of legally mandated documents, the maintenance of overall liability and necessary insurance and the payment of any taxes or fees.

The board uniformly enforces the Bylaws, Rules and Regulations through the use of requests, fines and the courts.

Of course, the above are applied by the individual members of the Board of Managers, so that the board can accomplish its tasks. The various members share different tasks and in so doing, share the load.

The Board of Managers - Part 2

To assure that candidates for office as members of the Board of Managers are informed of the responsibilities that come with their office, our association requires that all candidates seeking election to the Board of Managers sign a document containing the following statements:

1. Each director is required to attend monthly meeting.
2. Each director shall serve on at least one committee.
3. Each director shall not use the Board to promote the director's personal, financial or political interests during the director's tenure on the Board. Each director shall disclose any potential conflicts as they may arise.
4. A desire to work in Cooperation with other Board members/residents/contractors for the best interest of all residents and the entire property.
5. POWERS AND DUTIES OF THE BOARD OF DIRECTORS: To provide for the operation, care, upkeep, maintenance, replacement and improvement of the common elements; provide for employment/dismissal of personnel for the maintenance and operation of the common/limited common elements; to adopt/amend rules and regulations according to the guidelines provided by the Illinois Condo Act and implement procedures under the direction of the Association's attorney; provide sufficient insurance; maintain adequate records and receipts; to have access to each unit to provide for necessary maintenance, repair or replacement of common elements or for making emergency repairs to prevent damages to common elements; to impose charges for late fees/rule violations/damages to common elements and other designated duties.

Candidates are required to sign agreement to the above and are also required to provide a list of their qualifications, to provide a brief written statement of their policies and objectives and to state in writing their time conflicts.

In signing the candidates form, potential candidates acknowledge they have been informed as to the nature of their duties. It is their responsibility to review the Illinois Condominium Act and any other documents to obtain clarity about the task which they are undertaking. Of course, our professional managers are available and it is possible to discuss any issues or concerns the candidate may have about performing his or her duties. The candidate may also have conversations with members of the board. Finally, the candidate can obtain independent counsel to discuss the duty and role of the Board of Managers. Our city is relatively compact and is the county seat. There are attorneys available who specialize in condominium law and can provide guidance to prospective candidates.

Elections of the Board of Managers provide that not all seats be filled at any one election. This accomplishes continuity of service; it could be disruptive if an entire board is replaced at any one election. It might also be expensive to the Association, as our professional managers have limited time to devote to training of the Board, and accountants and attorneys frequently charge by the hour. As is the case with any complex undertaking, the true nature and complexity and even the time requirements, may not become apparent to the newly elected, until after they are "on the job". The agreements of office are not "open ended" and are of fixed term. In the event of severe time or other conflicts, a member of the Board of Managers can resign. However, there is some time flexibility in the "Board Member Oath" which is the official swearing in of the new Board member. I would think it would be preferable from the Association's perspective, if a member of the Board successfully completes their term in office.
As I stated in Part I, there are no training pre-requisites for a position on the Board. Of course, if a candidate reviews the Property Act which defines the duties and responsibilities of the Board, the "Board Member Oath" and also the Bylaws of the Association, it should be apparent that the position does require the ability to perform certain tasks and a willingness to be of service to the association. Our professional managers can and do provide guidance to the board in all matters and the candidate does make a statement of his or her qualifications. Of course, the board must continue to operate and fill vacant seats.

Candidates are usually elected, but there is a procedure for appointment of candidates. This procedure was used by the Board during the May meeting to fill the vacancy created by the resignation of our President sometime after the April meeting.

Each Director, a member of our Board of Managers, takes an oath. This is a signed document which includes 14 points. This document serves to instruct and to inform and to elicit agreement from the member who signs it. It defines in straightforward English rules of conduct and what is expected of the Director. The oath begins with “I, a duly elected/appointed director of the Association, do solemnly swear and do hereby affirm as follows:”

The Oath then lists 14 points. I provide the following as information to instruct and inform unit owners of BLMH. The following MAY NOT be reproduced:

1. I will attend as many meetings as possible and prepare in advance by reviewing all materials.
2. I understand that if I miss three consecutive meetings without good cause, the Board can declare my seat vacant and appoint another owner to complete my term of office.
3. I will avoid-self dealing and will place the Association’s interests above my own personal agenda.
4. I will cooperate with the other directors and follow the rules of decorum and parliamentary procedure for every meeting, and act in a courteous and civil manner toward my fellow directors, homeowners, employees and contractors of the Association.
5. I will not divulge confidences or sensitive information to non-directors.
6. I will not attempt to micro-manage or interfere with the management of the Association or the performance of Association contractors.
7. I will always act within the scope of my authority as a director/officer and in the best interests of the Association.
8. I understand that no officer or director has any authority to act independently and that all Board member responsibilities are a direct result of the approval of the Board.
9. I understand that I am a director of a not-for-profit corporation and I will not directly intervene in any homeowner disputes.
10. I shall at all times obey the rules of the Association, even if I disagree with them, and shall remain current in the payment of all fees and expenses charged by the Association.
11. I will not make public statements without the express authority of the Board.
12. I will recognize that I am a fiduciary on behalf of all owners and in all decision-making by the Board I will attempt to use sound business judgment.
13. I will be sensitive to individual differences, respectful of dissenting opinions and cooperative in implementing the will of the majority of the Board.
14. I will at all times make a full disclosure of any potential conflict of interest, refrain or abstain from voting on any issues that I have a direct economical benefit and at all times avoid even the appearance of impropriety.

The oath then closes with this statement “In the event that I cannot faithfully fulfill my duties as a director or officer, I shall submit my resignation from the Board. In the event I violate any of these provisions of my oath of office, I understand that I can be suspended or removed from my duties as a director and/or officer.” The oath ends with “Agreed “ and is then signed and dated by the member.

So in taking on the role of a director of our non-for-profit corporation, each member of our Board of Managers makes serious agreements. In doing so they perform a valuable and irreplaceable service to our Association, and to each and every unit owner. This is certainly not something every unit owner would agree to and in some associations this has caused serious difficulties. Apathy in associations can reach a level where no one will volunteer to be on the Board. If you sometimes wonder, upon attending meetings, why you see the same faces among the Board for a number of years it may in part be due to a low interest on the part of Unit Owners. Another indicator is the short list of candidates for each election.

So what does a member of the Board agree to and what can be expected from them? Perhaps the most difficult thing is that they will surrender their agenda and put aside their personal interests and be of service to the Association. They agree to do real work. They also agree to operate on behalf of all unit owners, and not intervene in unit owner disputes, which means they are prohibited from taking any sides. The Oath, Candidacy form and other agreements, and the legal definitions of "fiduciary duty" as relating to being a member of the board of directors of our Association under the Property Act, requires that all unit owners be treated equally. This is covered more thoroughly in Part 1.
Board members agree to be “leaders by example”, in which they agree to obey the rules of the association and pay all fees in a timely and prompt manner, perform their duties as a member of a team and only within their authority and never act independently. They will only make public statements with the express authority of the Board and will at all times be courteous and civil to each other, the unit owners, our professional managers and contractors. They agree to follow rules of decorum and parliamentary procedure which implies they have or will acquire sufficient knowledge to do so. Some Boards follow “Roberts Rules of Order” and others use somewhat abbreviated rules and procedures. Whichever is used, members of the Board must be familiar with them.

Members of the Board agree to avoid conflicts of interests, and not to derive “economic benefit” from their position. They also agree, as part of the candidacy, to adapt rules according to the guidelines of the Illinois Condominium Act. This implies they will acquire some familiarity and knowledge of the details of that act.

Members of the Board of Managers agree to use sound business judgment in performing and fulfilling their fiduciary duties. A fiduciary duty is a legal relationship of confidence or trust between the Director and the association. It requires that the member of the Board will act wisely and with prudence on behalf of the Association.

There will be varying skills among the Directors. They are ordinary people and probably do not have a legal degree, an MBA or are proficient in accounting. They are probably not professional business men and women, or are members of a building trade. However, with an emphasis on “team” it is possible for the Board of Managers to fulfill its fiduciary duties and specific tasks. For example, if the Association were a small boat and each of the members of the Board of Managers were in a seat and given an oar, it would be possible for the boat to reach its destination if one or more members is skillful at map reading, others at orienteering and the use of compass, others at reading the weather and water, still others possessing keen eyesight for discerning landmarks and objects on the horizon and if all members exercised common sense and were willing and able to follow instructions, defer to another and pull in unison on the oars. It would also require that one member be a leader to coordinate the efforts of the board and keep everyone on task. On a boat this individual is sometimes called a coxswain. On our board, that person is called the “president”. It is useful to note that the etymology of the work “coxswain” is derived from the English words “cox”, a small boat and from “swain”, a “boy in authority”. A coxswain is literally a “boat servant”. So it is with our Board President!

Obviously, the Board must collectively have sufficient business skills to get the job done and the members of the Board of Mangers must be willing to prepare for meetings as agreed and in taking on their duties and assignments, also agree to a growth experience and to learn and listen.
In the next part, I’ll take a look at some of the specific duties and responsibilities performed by the members of the Board and some of the issues they may face in performing their duties. In future posts I’ll look at the relationship of the Board to the Association which includes the unit owners, our professional managers and our contractors. I will also look at the Association members, which are the Unit Owners, and finally at the synergies that exist in the three groups; which are our Board of Managers, our Unit Owners and our contractors and hired guns.

The Board of Managers - Part 1

One of my interests in learning more about the duties of our Board of Managers, and of its operation, is to gain sufficient understanding to responsibly observe and support the board. In pursuing this I am also gaining some understanding of how unit owners both support and undermine the operation of the board. This can be sometimes be observed during the association meetings.

I am also interested in exploring the synergies which are possible within our association.

This blog is a consequence of my ongoing education as a unit owner. I am acquiring a much deeper appreciation of the difficulty facing current and previous boards. I have discussed certain aspects with various experts, and that includes an attorney who specializes in condominium law.

In putting this and other information out here, I may be putting tools in the hands of individuals who will misuse them. However, I think being informed is preferable to putting one's head in the sand and hoping for the best. I also think that the politicians amongst us are already familiar of the information presented here. As unit owners, we are all equals and we should be equally aware of the duties and responsibilities facing our Board of Managers. We then may have a better appreciation of the service they provide to all of us, and also aware of when individuals may stray from their duties or of Unit Owner attempts to manipulate the Members of the Board to individual advantage.

Our Board of Managers is a team and is, in fact, one of three teams which are involved in the operation of our Association and determine the quality of life here. Each of these has specific duties and obligations. The Unit Owners really do not function as a "team" and probably should simply be called a group. The three are:

1. Our Board of Managers.
2. Our Unit Owners.
3. Our professional Managers and Contractors.

This post is the first of a several pertaining to the duties, responsibilities and operation of our Board. It is also one of a series which will delve into the roles that each of the three groups play in the operation of BLMH and how they influence or determine the quality of life here. I place our Board of Managers as first, Unit Owners second and our professional Managers and Contractors third. It could be argued that our Unit Owners play a role equal to that of the Board of Managers, based on sheer strength of numbers. However, our Board of Managers are unit owners who have volunteered to operate to a higher standard than the unit owners at large. To that end they have taken a 14-point oath and are willing to provide time and talent for the good of the Association. The oath will be covered in the second part of this series. It is significant that in taking the oath, the members of the Board agree to follow the Association rules even if they do not agree with them, will not intervene directly in any homeowner disputes and also agree to put the Association's interests above their personal agenda.

I place unit owners second because they may simply come and go on a daily basis, and beyond paying association fees may have no further commitment to the association. However, I assert that they collectively determine to a degree greater than the "bricks and mortar" upon which our association is built, the quality of life here at BLMH. Unlike our Board of Managers, the unit owners do not take an oath, nor do they agree to a code of conduct. They do agree follow the "rules and regulations". They are subject to the Bylaws. They do elect the Board of Managers. However, they can and do attempt to further their own agendas, change the rules, undermine the board and have no fiduciary responsibility to the Association, beyond paying their monthly fees and any fines or special assessments. Unit owners do sometimes attempt to avoid their financial responsibilities, to the detriment of the Association. They may also act in ways that are in their personal interest but are not for the good of the association and can at times act out of malice or spite. The role of unit owners and our hired professionals and contractors will be the subject of future posts in this series.

It is not possible to discuss the Board of Managers without delving into some of the aspects of the Condominium Association. In our association, the Board of Managers are often called our Board of Directors. I'll use both terms interchangeably.
Oversight of the association, a not-for-profit corporation, is in accordance with the Illinois Condominium Property Act. That act is a statute concerning the ownership in and rights and responsibilities of parties under the condominium form of ownership of property. It is modified from time to time by the state legislature. That act, which I will call the “Property Act” determines many of the aspects of how our association is to be run and in the overseeing of the association, the rights and obligations of the association and of the unit owners. It provides minimum standards and defines the sharing of expenses, insurance, the contents of bylaws, frequency of association meetings, procedures for the election of our Board of Managers, the budgeting of reserves, etc.

Simply stated, the Property Act specifies that “The unit owners’ association is responsible for the overall administration of the property through its duly elected board of managers. Each unit owner shall be a member of the association.” Rules of governance of the internal affairs of the association are covered under our association’s Bylaws. Our association also has Rules and Regulations which provide the details of restrictions and conduct of unit owners.

The Property Act provides standards for professional Condominium Association Managers, who are compensated individuals. We have such a firm performing professional management duties for us.

Our board, which is the Board of Directors for the corporation, which we also call our association, is sometimes called the Board of Managers. I personally prefer the title "Board of Managers." which embodies the task facing our Board. They are to "manage" the operation of the association. Sometimes, the term "Director" brings to mind someone behind the scenes telling people how to act. Our board is required, with few exceptions to operate with meetings open to all Unit Owners. It is the mandate of our Board to manage, and each of our Board of Managers take an oath upon assuming their duties.

The standards for the operation of the association are stated in the Property Act and the duties and responsibilities of our elected Board of Managers are also specified. There are specific rules of conduct. However, the Property Act does not define capabilities or training for our elected Board of Managers. If our BLMH was an airplane, it is analogous to a situation where I could be elected to fly it, then having won my pilot’s seat, which is a seat on the Board, I am given a pilot’s license, and a copy of the Property Act, the Bylaws and the Rules and Regulations and told “follow the documents and do a good job”. It is the responsibility of the members of the Board of Managers to achieve the necessary education and training necessary to "fly the plane". The association does provide workshops to assist the members of the board, and they also have access to professionals including lawyers, accountants, our professional management company and so on. However, I can understand why condominium associations do run into trouble from time to time. Those “troubles” range from unhappy unit owners, serious mistakes, the hiring of relatives or friends to outright chicanery or larceny and misuse of association funds.

Having said that, the Board of Managers is given legal “fiduciary duties” to fulfill. That’s a fairly broad term, which applies to the duties performed for the association and its membership. In carrying out those fiduciary duties, there are standards of conduct. They include the Duty of Care and the Duty of Loyalty. A third aspect, called the Duty of Good Faith, may be required and is important because the duties of care and loyalty do not cover all types of improper conduct by corprate directors.

The Duty of Care prohibits faithlessness and self-dealing. It requires that members of our Board of Managers fully inform themselves of all material information reasonably available, that they act with due care in carrying out their duties, and that they monitor and oversee the professional (compensated) managers. Members of the Board of Managers should acquire and maintain sufficient knowledge and understanding to enable themselves to properly discharge their duties. It requires the exercise of care that an ordinary, prudent person would follow under similar circumstances.

The Duty of Loyalty prohibits faithlessness and self-dealing. It requires that members of our Board of Managers must act in the best interest of the association. It refrains them from conduct such as self-dealing, fraud and actions that serve to entrench themselves in their position. They must act without personal or private motive and their decisions must be based on the merits of the matter, without outside influence. It requires that the members of our Board of Managers put the association's interests ahead of their own.

The Duty of Good Faith prohibits negligence. It requires that the members of our Board of Managers must act in the honest belief that the action taken is in the best interest of the Association and its members. Members of the Board do not act in good faith when they know they are making material decisions without adequate information or adequate deliberation.

If the duties specified above are carried out by the members of the Board of Managers, then they have met their legal responsibilities to the association. In meeting those duties, there are several aspects of their position that they will have satisfied. These include:

First, making business decisions in managing the affairs of the association. Inaction or neglect is not acceptable. Second, making decisions out of good faith. The members of the Board of Managers cannot act out of personal interest, self-dealing or have ulterior motives. They cannot use the power of their office to further their own interests at the expense of others, seek special privileges or special treatment. All unit owners must be treated in a uniform manner and fairly. Third, members of the Board of Managers must make informed decisions. Their actions must demonstrate an informed exercise of business judgment. They are responsible for oversight of the professional mangers and contractors; however, they cannot ignore the sound advice of the professional managers. The members of the Board of Managers are obligated to seek out fact before taking action. The Board of Managers must also determine when to obtain professional advice from accountants, attorneys, architects and engineers or other knowledgeable professionals. Fourth, the members of our Board of Managers must act rationally, within their authority and in accordance with the Bylaws and Rules and Regulations of the association, for the purpose of furthering the interests of the association.

In part 2 I will take a look at the agreements made by candidates, including their signed statements. I will also look at the “Board Member Oath” which each of our board members are required to sign. These documents, combined, spell out in plain English rules of conduct and expectations thereof.

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Disclaimer: It is in the domain of experts to contest what I have put here. This is in my words and I am not a lawyer, so use this at your own risk and use it to further your own education and research!

On the Nature of Community - List of Questions

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

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

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

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

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

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

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

Am I pleasant and courteous to my neighbors?

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

Do I observe the parking rules?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On the Nature of Community

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

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

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

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

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

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

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

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

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

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

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

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

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

Go to the List of Questions


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

Towing Incident and Response of a Member of the Board of Managers

During the April meeting of the Association, our Communications Director, who is a member of our Board of Managers, read a statement which she had prepared, signed and presented copies. I am publishing that statement below. I delayed this posting because I wanted to see what outcome, if any, would occur over the following month and at the May meeting. The reading of the statement and noisy followers of the Communications Director disrupted the April meeting in what I would describe as an attempt to coerce the entire Board of Managers. Refer to my blog “Update – Board Meeting of April 9, 2009’.

The position taken by one of our board of managers was very disturbing to me. Our board is a representative body with a legal mandate to represent all unit owners, equally. A member of our Board of Managers should not take a position for one unit owner, that would not be taken for any and all unit owners. The members of our Board of Managers are not empowered to determine who is deserving or not deserving in our Association. Ergo my ongoing concern. It would appear that those of us who would be less deserving in the opinion of the Communications Director would be held to the rules. There are parking rules and the boulevard leading to our complex is posted with a 5,000 lb. GVW restriction. A tractor of the type described has a GVW in excess of 30,000 pounds; it cannot be legally driven to our complex.

Here is the statement made by our Communications Director at the April meeting. I suggest that all unit owners read this and consider the implications. I have altered this only to remove the identity of persons named in the statement. For that purpose underlines indicate where names, addresses and other identification have been removed:

Proposal to the BLMH Board of Directors
April 9, 2009
RE: __Towing Incident

BACKGROUND
The occupant resides at _____with her son, _____. Her sister-in-law _______owns the unit.

The occupant of the unit is disabled ______ and requires around-the-clock attention from live-in caregivers. Her separated spouse does visit the occupant two or three times each month. His visits are typically 2-3 hours long.

Her separated spouse is a long-haul trucker for a company ___, which has a drop garage in ___. Since the unit occupant’s confinement two years ago, he has been dropping the trailer at the garage and driving the tractor to our community to visit the occupant, as he does not own a personal vehicle. Prior to his first visit to Briarcliffe with the tractor, he called the local police department to find out if there were any parking restrictions. The police told him that overnight parking is prohibited and, of course, anyplace where signs are posted restricting certain vehicles. He is very conscientious about observing parking restriction signs and, seeing none in Briarcliffe, he’s been parking the trailer on the street within in our association boundaries.

TOWING INCIDENT
One Saturday in mid-March, after visiting his former spouse, he walked out of the _____ building at around 2 p.m. and discovered that his tractor was gone. Thinking that it might have been stolen, he called the ___ police, who knew nothing about it but suggested that he call the towing company that was listed on the posted sign. He called and was told that his tractor was there and he could have it back after paying $700 by credit card or $600 by cash.

____ drove him to the bank and he paid $600 to get his tractor out of the tow yard. He has not visited his former spouse since the incident. He has no way of getting to our community, unless he takes a cab from the garage in _____, and quite frankly, he cannot afford it.

I do not know who called the towing company. I do not know why the towing company was called. I do know that what was done to him was unjust and, because it happened on our property, we should try to make things right. As part of a community, and especially in these tough times, we should be kind instead of mean to our neighbors.

PROPOSAL
I propose that the association reimburse him $600 to cover the expenses he incurred from the act against him by our community. Whether it was performed by one person or a group of people, this action reflects negatively upon all of us. Not only have we caused a significant financial drain on him, but we have deprived his former spouse of his visits.

I also propose that the association allows him to park his tractor on our streets so he can resume his visits to his former spouse. And, I hope that when we see that tractor, we welcome the thought that an invalid neighbor is sharing a few hours with a friend.

Signed by our Communications Director

Resignation of the President of the Board of Managers

Shortly after the April meeting, the President of our Board of Managers resigned. This was formally announced at the May meeting.

The work load of our recent president was cited as the reason. However, I can't but wonder if the outburst orchestrated during the April meeting by our Communications Director influenced this decision. It has never been announced who on the board called the towing company to enforce the rules. One of the board members made that call. It could very well be that it was the President of the Board of Managers.

During the recent election, the president was one of three people who ran on a slate which promoted their "backgrounds in project management, conflict resolution, team building, and interpersonal communications.” Based on my observations at the board meetings, our president had some skills in that area. However, based on my observations at the board meetings, I cannot make that statement for all of the new members of the board of managers. In fact, I would state that one member has definitely shown little or no capacity for conflict resolution. Campaign materials are easy to write and to print. Walking the talk is another matter, altogether!

Our President will be missed, as a voice of moderation among the new board members. Thank you for being willing to be of service to our association.

Benches and other "ideas"

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

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

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

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

Possible choices, using the Mort as an example:

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

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

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

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

$250 One Time Payment to SS Beneficiaries is Due

From the SS Website:

"In February, President Obama signed the American Recovery and Reinvestment Act of 2009. This act provides for the one-time payment of $250 to individuals who get Supplemental Security Income (SSI) or Social Security benefits.

Beginning in early May, and continuing throughout the month, more than 52 million beneficiaries will be issued one-time payments of $250. We expect everyone who is entitled to a payment to receive it by late May 2009. No action is required on your part. Please do not contact us about your payment unless you do not receive it by June 4, 2009.

When more information becomes available, we will promptly post it here. Please bookmark this site and check back regularly. Thank you. "