Are HOA Residents Happy?

Do you know that more than 60 million Americans live in homeowners associations and condominium communities? How do these 60 million residents feel about their own associations? Are they happy with their elected boards? How do they feel about the rules?

The Foundation for Community Association Research, an affiliate of Community Associations Institute (CAI), sponsored a recent national public opinion survey to answer these and other questions.  Here are some of the key findings:

• 71 percent of residents say they are satisfied with their community association experience. Only 12 percent express dissatisfaction and 17 percent are neutral on the question.
• 89 percent believe their association board members strive to serve the best interests of the community, while 11 percent say the opposite or they aren’t sure. 
• 76 percent say their professional managers provide value to their communities, while 24 percent say the opposite or they aren’t sure. 
• 70 percent believe their community association rules “protect and enhance” property values. Only 2 percent say rules harm property values, while about 29 percent see no difference or didn’t know. 

Maintain Your Yard Safely

It's that time of year again, when we have to worry about lawn maintenance. Properly maintaining your yard helps your home and our community look good. Just make sure that safety is a priority when undertaking your landscaping efforts:

· Clear sticks and debris before you mow. Random debris kicked up by a lawn mower can seriously injure you and those around you. Also, mowing debris shortens the life of your mower and dulls the blade.

· Replace the cord on your weed trimmer. Your trimming will be safer if you have strong trimmer cords. Always wear eye protection when using a trimmer.

· Maintain your lawnmower in top working condition. If you find yourself mowing the same areas again and again, it’s time to inspect your lawnmower. Keep a maintenance checklist of important components like air filters, blades and oil.

· Keep plants and shrubs about five feet from foundation walls, and keep trees at least six to 20 feet away, depending on their size. Plant roots that are too close to the foundation not only cause damage to the structure, but may also attract bugs and mold into your home since they tend to hold moisture. 

Fiduciary Duty: What is it?

From time to time you may hear that the Board of an association operates in a fiduciary capacity for its homeowners. Or you may read about the Board’s fiduciary responsibility in the governing documents. Just exactly what does this mean?

Fiduciary duty simply means the Board has an ethical and legal obligation to make decisions in the best interests of the entire association. That’s a small explanation for a very big responsibility.

Fiduciary duty includes a duty of loyalty to the association, which means that Board members should never use their position to take advantage of the association. They should never make decisions for the association that benefit themselves at the expense of the association and its members.

Fiduciary duty also includes the duty to exercise ordinary care. This means Board members must perform their duties in good faith and in a manner they believe to be in the best interest of the association, with such care as an ordinary prudent person in a similar position under similar circumstances would use.

In short, boards must act in the best interests of the association and act reasonably.

Board members fulfill their fiduciary duty by:

• Developing and using a formal budgeting process
• Establishing and adhering to budgetary guidelines
• Making sure the budgeting process reflects the wishes of the association members
• Promoting understanding and acceptance of the reserve accounts among the members
• Collecting sufficient fees to adequately operate the association 
• Soliciting bids and negotiating appropriate contracts 
• Authorizing expenditures

How to Make Sure You Are Heard at Membership Meetings

All association members have a right to be heard at membership meetings by presenting, seconding, debating and voting on a motion. A motion is a proposal that our membership take action or a position on a specific topic or issue.

To make a motion, wait until the previous person has finished speaking, then stand and address the chair by stating your name. "Mr. Chairman (or Madame President), my name is…." When the chair recognizes or acknowledges you, state your motion clearly and concisely. "I move that our community … ."

Once you have stated your motion, another member should second it so that debate and discussion on the issue can commence. If no one seconds it, your motion will not be considered. Once it is seconded, the chair will announce the motion so it can either be discussed or voted on.

If the topic is one that will be discussed or debated before voting occurs, then, as the person who introduced the motion, you are allowed to speak first. Direct your comments to the chair and briefly explain the motion. You and other speakers participating in the discussion should respect any predetermined time limit for comments. You may also be the last to speak on the matter.

Voting on the motion can take place when the discussion or debate is completed and the chair asks, "Are you ready for the question?" Members can vote by a show of hands, roll call or ballot. General consent, which assumes consensus that there's no opposition to the motion, is another method of voting. The chair announces, "If there is no objection …," and members show their consent by their silence. Those who oppose the motion should speak out politely but audibly, "I object."

Then the chair announces the results of the vote.

What's a Motion?

A motion is a proposal that the association's membership take action or a position on a specific topic or issue. The following are six types of motions anyone who is a member can make at an association membership meeting:

1. Main motions introduce a specific topic for consideration and cannot be made while another motion is before the group.
2. Subsidiary motions amend or change how to handle a motion that’s already being considered. A subsidiary motion is voted on before the motion it affects is voted on.
3. Privileged motions represent urgent or important matters that take precedence over regular or pending business.
4. Incidental motions are responses to procedure and must be considered before a main motion. 
5. Reconsidered motions generally are brought up when there is no other pending business so that the membership can revisit an unresolved issue.
6. A pending motion is one that has been stated by the chair but has not yet been brought to a vote.

How to Be a Good Neighbor

A little consideration goes a long way. Read the following tips from eHow.com on how to be a good neighbor beyond just a smile and a wave.

• Welcome any new neighbors with a personal note or pop by for a personal introduction.
• Make sure that the outside of your home—along with the grounds—is well-kept and complies with the association's CC&Rs.
• Be mindful of noise—loud music, barking dogs, power tools—that may disrupt the neighborhood beyond a reasonable hour.
• If you have a large party, consider your neighbors when directing your guests where to park, end the party at a reasonable hour and invite your neighbors to join in the fun.
• Return anything you borrow from your neighbor promptly, in the same condition they lent it to you, and express your thanks.
• Replace anything of your neighbor's that you, your children or your pets break or soil.
• Respect your neighbor's privacy.
• Offer to take care of mail pick-up, plants or pets while your neighbor is on vacation.
• Be social! Inviting a neighbor over for coffee and conversation can promote open communication and a friendly neighborhood environment from which all neighbors can benefit.

Visit www.ehow.com for other helpful, neighborly advice.

Withholding Assessments Won’t Work

Sometimes community residents become dissatisfied with the association for some reason. In this case, let's use maintaining the parking lot as an example. Mr. Homeowner is unhappy because several small potholes have appeared in the parking lot, and the association hasn't repaired them.

He called the manager who said that all potholes will be repaired in the spring. “It's much easier and cheaper to fix them now, while they're small,” Mr. Homeowner states. The manager explains the association's maintenance schedule and states that parking lot repairs are scheduled, and budgeted, for spring.

Mr. Homeowner wants the potholes fixed now, so he decides to withhold his assessment payment until the potholes are filled. Sorry Mr. Homeowner, withholding assessments will not get the potholes filled. Here's why:

You signed a contract with the association called the Declaration, or CC&Rs, in which you agreed to pay assessments. Period. There are no Unless Clauses in the Declaration—“I agree to pay assessments, unless...”

Yes, the association has an obligation to maintain the common areas. Since the repairs are on the maintenance schedule and in the budget, the association is fulfilling that obligation.

Filling every pothole as it appears throughout the winter isn't economical. Agreed, it's less expensive to fill a small pothole. However, it's far less expensive to have only one visit from the asphalt company to repair all potholes—even the big ones.

Unfortunately, Mr. Homeowner, instead of getting the potholes filled immediately, you get a lien filed against your home for failing to pay your assessments.

But, let's say the potholes get especially large before the end of winter and Mr. Homeowner fears they're dangerous. He believes the potholes may cause damage to his car or that he might injure himself. He should call the manager and explain the situation. The association will make emergency repairs to protect owners and avoid liability.

If the association still fails to repair what Mr. Homeowner believes is a hazard, he has the right to pursue other legal channels to require the association to perform its duties. But, withholding assessments isn't one of them.

Are you cut out for living in a Homeowners Association?

As you can see in this infographic from HOATown, the prevalence of community associations has been on the rise for the last few decades. Living in an association has definite benefits, but there are also some drawbacks.

Benefits

1. Sense of Community - The feeling of "belonging" is strong in a community association. According to property manager Jessica Ogle, one great benefit is "the friendships... and bonds that could last a lifetime, not only for the owner, but for the children in the community."
2. Rules and Structure - For people who prefer to have a strong set of guidelines to go by, the structure of a community association can be very attractive.
3. Uniformity in the Community - Living in an association, you can be relatively certain you won't have to deal with your neighbors painting their house magenta or deciding to build a moat in the front yard.
4. Amenities - Homeowners associations charge an assessment to their residents that makes it possible for them to maintain the shared areas and responsibilities of the association (perhaps a swimming pool, or the landscaping in a common area). This allows residents to enjoy benefits and amenities they might not otherwise be able to afford.

Drawbacks

1. Too Much Closeness - Because a formal community is more "connected" by nature, some people might find that there's a little too much "togetherness." Sometimes the lines between Association business and personal business can be blurred and that may not be ideal for all residents.
2. Rules, Structure, and Uniformity - As much as this is a benefit, it can be a drawback for those who prefer to have full autonomy when making decisions about their properties.
3. Cost - The cost of the association assessment may be too much of a financial burden for some.

Ultimately, the choice of whether or not to buy a home in an association will depend largely on your own disposition and personal preference. When you're looking at association homes, be sure to ask about the association's rules and policies to help gauge whether or not the community is a good fit for you.