CAI-MN Minnesota Community Living - May/Jun 2016

In this Issue: Membership ROI . . . . . 3 CAI-MN Benefits and Statistics Graph. . . . . . 6 Committee Highlight. . . . . . . . . . . . . . . . . . . . . . . . .8 May/June 2016

Volume 34 • Issue 3

Member Pulse. . . . . . . . 12 Organizing a Neighborhood Cleanup. . . . . . . . 17 Co-insurance: The Hidden Cost . . . . . . . . . 18 Ask the Attorney. . . . 26 And More!

Membership Matters Active Participation Benefits Everyone

Online Magazine Available!

www.cai-mn.com/ magazine

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Membership ROI

Membership Has its Privileges

By Joel Starks, CMCA, Sperlonga Data & Analytics

W

hat does it mean to be a good member of an organization? How does one benefit from getting involved? Where do I start after I join a new organization? Who is a good resource for advice and direction? All of these questions and more cloud the minds of new members trying to navigate a new organization like CAI. In CAI, many of our hours are spent networking, collaborating, celebrating and having some good ol’ fun. But each area carries a different value proposition and focus. I will touch on the three areas of involvement and help you navigate and get the best return on your membership investment (ROI) while contributing to the success of a great organization in Minnesota.

Managers The largest and fastest growing group is our managers. As leaders of many aspects of community management, they are the heartbeats of their associations. Managers focus on continuing education, knowledge transfer, networking with quality business partners and volunteerism. They make up many of the committees, and the volunteering does not stop there. We are grateful to all of the managers who actively participate in CAI-MN.

Community Volunteers With the incorporation of more managers and a decrease in selfmanaged boards, this group has seen the biggest decline in recent years. However, those who are involved are focused on education, procedures and best practices. This group remains a focus of ours as we continue to invest in marketing and events. Please join us at any of our events some of which are free like the trade show. We want you!

Business Partners A great many of you are part of this category. Your goals are diverse but generally similar. You want to network with the people who help make decisions for the property and its ownership. If a business partner participates in organized activities and builds strong partnerships and relationships with managers who are also involved, the membership ROI can last a very long time. It is hard to gain new business in management companies. It is much easier to develop lifelong friendships that build on trust and work ethic.

The list below is the first step in communicating our willingness to reach out and be a resource. Please contact any of the chairs listed below or me at jstarks@sperlongadata.com, and we will be happy to mentor or suggest areas based on your interest and availability.

A lot of business partners come to me after joining CAI asking how to get involved. Well, that is simple. Join a committee. There are several to choose from, and they appreciate the help. These committees promote cooperation, teamwork and drive most aspects of our chapter. See below for a list of committees and chairs; see page 8 for additional detail.

Each of these volunteers is an excellent resource for getting involved and getting the most out of your membership in CAI-MN. Remember, we are all partners in this organization. When an event goes off without a hitch or social activity spurs new business or a magazine goes to print on time, we get a great sense of community and accomplishment. Have a great summer and enjoy some baseball with us coming up on June 14 when the St. Paul Saints take on the Sioux City Explorers with a 7:05 pm first pitch.

Committee

Chairperson

Email

Charitable Outreach

Carla Gruenhagen

cgruenhagen@gassen.com

CAVL (Community Association Volunteer Leaders)

Gene Sullivan

gene@ncmgi.com

Editorial

Carin Garaghty

crosengren@kellerpm.com

Education

Nigel Mendez

nmendez@carlsonassoc.com

Golf Tournament

Kris Birch

krisbirch@birchlawn.net

LAC (Legislative Action Committee)

Randy Christensen

randy@actmanagementinc.com

Membership

Paul Lawson

paul.lawson@fsresidential.com

Social Committee

Ben Brueshoff

bbrueshoff@pcsrenew.com

Trade Show

Michele Ramler & Tom Engblom

mramler@cedarmanagement.com tengblom@cabanc.com

Vision Awards

Shaun Zavadsky

shaun.zavadsky@fsresidential.com

May | June 2016

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Partners 2016 Annual Partners

Platinum

Columbus Exteriors, Inc. Parsons Construction, Inc. PCS Residential Sela Roofing & Remodeling Xtreme Exteriors N.A., Inc.

Gold

Benson, Kerrane, Storz & Nelson CertaPro Painters Community Advantage FirstService Residential Gassen Company, Inc. Hellmuth & Johnson, PLLC

Silver

All Ways Drains American Family Insurance – Jeffrey Mayhew Agency, Inc. Asphalt Associates, Inc. Carlson & Associates, Ltd. Gaughan Companies Mutual of Omaha/CA Banc New Concepts Management Group, Inc. Omega Management Reserve Advisors TruSeal America, LLC

Bronze

24 Restore Allied Blacktop Company Allstar Construction & Maintenance, LLC American Building Contractors, Inc. Clean Response, Inc. Gates General Contractors, Inc. Michael P. Mullen, CPA, PLLC Stinson Services, Inc.

Volunteers

Leadership

Committee Chairs

Board of Directors

Charitable Outreach Carla Gruenhagen cgruenhagen@gassen.com

President Joel R Starks, CMCA Phone: 952.500.1068 j.starks@sperlongadata.com

Community Association Volunteer Leaders (CAVL) Gene Sullivan gene@ncmgi.com Editorial Carin Garaghty crosengren@kellerpm.com Education Nigel Mendez nmendez@carlsonassoc.com Golf Tournament Kris Birch krisbirch@birchlawn.net

Vice-President JoAnn Borden, CMCA, AMS, PCAM Phone 763.746.1196 joann.borden@associa.us Treasurer Halo Stafford, CMCA, AMS, PCAM Phone 952.944.2237 hstafford@pinnacleliving.com Secretary Nancy Polomis, Esq. Phone 952.941.4005 npolomis@hjlawfirm.com

Legislative Action (LAC) Randy Christensen randy@actmanagementinc.com

Directors Kris Birch Phone 651.481.9180 kris@wearebirch.com

Membership Paul Lawson paul.lawson@fsresidential.com

Matthew Drewes Phone 952.835.7000 mdrewes@tn-law.com

Social Ben Brueshoff bbrueshoff@pcsrenew.com

Joseph Fadell Phone 952.392.9208 fadell.joseph@gmail.com

Trade Show Michele Ramler mramler@cedarmanagement.com

Jared Lawrence Phone 612.251.7078 jaredlawrence@compassmanagement. com

Tom Engblom tengblom@cabanc.com Vision Awards Shaun Zavadsky, CMCA shaun.zavadsky@fsresidential.com

Crystal Pingel, CMCA, AMS, PCAM Phone 952.277.2700 crystal.pingel@fsresidential.com Michelle Stephans, RS Phone 763.226.7118 michstephans@gmail.com Larry Teien Phone 952.888.8093 lteien@aol.com

Published by Community Associations Institute — Minnesota Chapter, copyright 2016. All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Minnesota Community Living or CAI–Minnesota Chapter.

The information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting, or other professional services by the CAI–Minnesota Chapter, or by Minnesota Community Living, or its authors. Articles, letters to the editor, and advertising may be sent to Bryan Mowry at bryanm@cai-mn.com, or at CAI–MN Chapter, 1000 Westgate Dr., Suite 252, St. Paul, MN 55114.

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Minnesota Communit y Living

Calendar Upcoming Events June 14 CAI-MN Social Event – Baseball Outing July 26 CAI-MN Social Event – Boat Cruise August 8 Golf Tournament September 22 Vision Awards October 11 Manager Seminar

Series

Index 6

CAI-MN Benefits and Statistics Graph

By Bryan Mowry, CAI-MN Chapter Executive Director

8

Committee Highlight: What Exactly Does CAI Do?

14

By Drew Kelsh, Ewald Consulting

3

By Joel Starks, CMCA, Sperlonga Data & Analytics

12 Member Pulse

By Christopher R. Jones, Esq., Hellmuth & Johnson, PLLC

Legislative Update

By Nick de Julio, Ewald Consulting

26 Ask the Attorney

17

President’s Message — Membership ROI

Organizing a Neighborhood Cleanup

By Nigel H. Mendez, Esq., Carlson & Associates, ltd.

By Kate Madonna Hindes, Director of Marketing, Ewald Consulting

October 15 CAI-MN Social Event – Oktoberfest November 3 - 4 CAI National Course: M-203 November 8 Manager Seminar December TBD CAI-MN Social Event – Holiday Party!

January 12 Manager Seminar

18

Have Comments?

Co-Insurance: The Hidden Cost

By Pete Giancola, CHFC, Pete Giancola Insurance Agency

19

Vision Awards 2016

23

Innovators

By Thomas C. Engblom, CMCA, AMS, PCAM, ARM, CPM

30

Take Action after a Natural Disaster

By CAI National

33

Email your feedback on articles to bryanm@cai-mn.com for a chance to be featured in Minnesota Community Living!

Register for events online at www.cai-mn.com For more information regarding an event, call the office at 651.203.7250 or visit www.CAI-MN.com.

Itch, Ouch, Scratch, it’s Bug Season!

By CAI National

Index of Advertisers Advanced Innovative Management. . . . . . . . . . 22 All Ways Drains . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Allstar Construction . . . . . . . . . . . . . . . . . . . . . . . . 15 American Family Insurance – Jeffery Mayhew Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Association Property Management Company. 32 BEI Exterior Maintenance . . . . . . . . . . . . . . . . . . 27 Benson, Kerrane, Storz & Nelson, P.C. . . . . . . . 29 Birch Tree Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bloomington Security Solutions. . . . . . . . . . . . . 25 Carlson & Associates, Ltd . . . . . . . . . . . . . . . . . . 25 CertaPro Painters . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CityView Staffing. . . . . . . . . . . . . . . . . . . . . . . . . . 32 Columbus Exteriors, Inc.. . . . . . . . . . . . . . . . . . . . 16 Community Advantage . . . . . . . . . . . . . . . . . . . . 34 Construct-All Corporation. . . . . . . . . . . . . . . . . . 25 Felhaber Larson. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Final Coat Painting . . . . . . . . . . . . . . . . . . . . . . . . 28 FirstService Residential . . . . . . . . . . . . . . . . . . . . 29 Flagship Bank Minnesota. . . . . . . . . . . . . . . . . . . 25 Gassen Companies . . . . . . . . . . . . . . . . . . . . . . . . . 10 Gates General Contractors . . . . . . . . . . . . . . . . . . 2

Gopher State Sealcoat, Inc.. . . . . . . . . . . . . . . . . 28 Hellmuth & Johnson, PLLC.. . . . . . . . . . . . . . . . . . 10 Jet-Black. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Metro Paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Mutual of Omaha Bank. . . . . . . . . . . . . . . . . . . . . 30 New Concepts Management Group, Inc. . . . . . 28 Northrup Roofing & Exteriors. . . . . . . . . . . . . . . 32 Omega Management, Inc. . . . . . . . . . . . . . . . . . . . 14 Parsons Construction, Inc.. . . . . . . . . . . . . . Outsert PCS Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Plehal Blacktopping . . . . . . . . . . . . . . . . . . . . . . . . 15 Reserve Advisors. . . . . . . . . . . . . . . . . . . . . . . . . . 34 Reserve Data Analysis . . . . . . . . . . . . . . . . . . . . . 32 Restoration Technologies, Inc. . . . . . . . . . . . . . . 32 Sara Lassila, CPA. . . . . . . . . . . . . . . . . . . . . . . . . . 34 Sela Roofing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Strobel & Hanson, P.A. . . . . . . . . . . . . . . . . . . . . . . 15 TruSeal America, LLC. . . . . . . . . . . . . . . back cover Union Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 United Roofing. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Xtreme Exteriors . . . . . . . . . . . . . . . . . . . . . . . . . . 35 May | June 2016 5

CAI-MN Benefits and Statistics Graph

By Bryan Mowry, CAI-MN Chapter Executive Director

C

AI is the oldest, largest and most established organization in the community association industry. We are the first and only organization created specifically to meet the needs of all community association stakeholders. In CAI, you’ll find a friendly and accessible forum to develop relationships, increase your knowledge, and help shape the future of our communities.

Whether you are a community manager, management executive, homeowner leader, or business partner, CAI provides you with a wealth of resources. All members get access to the award winning National CAI’s magazine Common Ground and CAI-MN’s Minnesota Community Living, which is the premiere bi-monthly magazine for condominium and homeowner associations in Minnesota. The CAI National and Minnesota Chapter provide legislative and regulatory representation in Washington, DC, and in St. Paul. All members get monthly updates on the current trends and issues impacting the industry, plus countless discounts on products and services.

Management Company 28 (5%) Other

19 (4%)

Manager 247 (47%)

Business Partner 61 (12%)

CAVL 171 (32%)

CAI-MN members by member type Business Partner CAVL Manager Other Management Company For homeowners, the benefits are many. As a member of CAI you Management companies benefit from a better educated staff by have the opportunity to network with other association leaders, taking advantage of our CAI professional development courses. management professionals and industry.

Business partners have countless national, regional and local For community managers, you can build your career success by opportunities to reach potential customers and market your taking advantage of CAI’s comprehensive professional development products and services. You can connect with hundreds of members. curriculum and discounted webinars to earn professional You can increase your visibility in the marketplace by sharing designations. You will be able to expand your professional network your expertise with other CAI members, writing in publications, by attending one of our many events — such as the trade show, speaking at events or serving on chapter committees. educational sessions, and social events.

6

Minnesota Communit y Living

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May | June 2016

7

Committee Highlight: What Exactly Does CAI Do?

By Drew Kelsh, Ewald Consulting

O

ver the past few months, CAI-MN has been discussing transparency, and how important it is to an organization. We believe our members should know exactly what we are up to, which is why we offer so many opportunities for you to get involved. Did you know, for example, that CAI-MN has 10 different committees? Each committee has its own mission and responsibilities, bound together by one vision — to improve the lives of our members. Here is a rundown of each committee’s mission, and how they contribute to the overall CAI-MN purpose. Buckle up, it’s going to be quite a ride.

Charitable Outreach Committee The primary purpose of the Charitable Outreach In 2015 the Charitable Committee is to provide Outreach Committee opportunities for members donated $4500 to MN to give back to their Adult & Teen Challenge communities. They do from our annual event. this by creating events that are available to members and non-members, such as the Gathering of Angels on April 21.

Ultimately the Charitable Outreach Committee is committed to inspiring growth for CAI-MN members, in order to strengthen and serve the community. In 2015 the Committee raised $4500 for MN Adult and Teen Challenge. If you want to serve on the Charitable Outreach Committee, make sure you are ready to make a difference!

Community Association Volunteer Leaders Committee How do we create great leaders here at CAI-MN? We make a committee dedicated to doing just that. The CAVL committee facilitates and promotes education programming for association board members and homeowners. The committee delivers CAIsanctioned training to current and new CAI community association leaders, and non-CAI members. Members work with the Education Committee to develop valuable educational content for CAI members and non-members. Did you just take on a new board position at your HOA? Then the CAVL committee is your biggest resource! They are dedicated to helping you do the best job you can, so check ’em out!

Editorial Committee Content is king. We see that phrase all over the Internet these days. But what if we told you that’s not true. What is true?

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Minnesota Communit y Living

Communication is king! All of CAI-MN’s content comes from one committee consisting of 5-7 members, the Editorial Committee.

CAI-MN’s Editorial Committee acts as a central repository for all communication needs and activities for the association. Primarily, they work on Minnesota Community Living magazine, which is released every other month. They write the articles, find writers for the articles, brainstorm, organize, print ... you name it, they do it. Valuable and creative business partners sit on this committee, assuring that all the content we create is top quality. If you want to serve on this committee, be ready to brainstorm!

Education Committee You’re probably thinking, “Wow, there’s so much that We had 528 attendees CAI does that I didn’t know over the course of the about.” Well, there’s more! education season, and One of the most important heard from 23 experts aspects of any successful in various industry areas. organization is education; it’s vital that members and partners remain educated and up to date. The Education Committee creates 15 hours of education content for professional property managers each year. Need those continuing education credits for your real estate practice? Attend one or more of the Education Committee’s four seminars each year. The seminars are based on suggestions provided via seminar evaluations and other ideas generated at the committee meetings. With just 9 volunteers and a board liaison, the team contains property managers, attorneys, and HOA vendors. It’s your one-stop shop for getting up to date on anything going on in the industry, and staying sharp. If you want to participate in this committee, make sure to bring your A game!

Golf Tournament Committee Possibly the committee most vital to the success of CAI-MN. We’re joking, but seriously, what would we do without our annual Golf Tournament? The Golf Tournament Committee’s purpose is to provide a place where property professionals can streamline their success and break into the Masters. All kidding aside, they plan, coordinate, implement, and execute the CAI-MN Annual Golf Event. The tournament is a great event that provides for exceptional networking and fun. The Golf Committee has something special in store for this year’s 10th anniversary, so you won’t want to miss it. If you love golfing, marketing and promoting, then this committee is right for you.

Continued on page 11

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Our clients benefit from our experience in the following areas: Collection of Association Fees • Judgment Collections • Construction Defects & Warranties Property Insurance • Claims Enforcement of Covenants and Rules • Foreclosure of Liens

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Minnesota Communit y Living

8050 West 78th Street Edina, MN 55439

Continued from page 8

Legislative Action Committee As a member of CAI-MN, there is a committee dedicated to keeping your legislative interests in mind — in regards to community living, that is. The Legislative Action Committee is committed to making sure legislation we do want passed, and legislation we don’t want passed, is either passed or not. Legislation ranges from political yard signs to a number of other laws that may affect our communities. By having liaisons and lobbyists who speak on our behalf with local and state government officials, we are able to influence public policy for the better. It’s important to note that CAI-MN has no political affiliation; our Legislative Action Committee only works on issues pertaining to homeowners and property management. If you like getting involved in public policy, then join this committee.

Membership Committee One of the coolest things about CAI-MN is our ability to name our committees in a self-explanatory way. Can you guess what the Membership Committee does? Well it all has to do with membership, of course. The primary purpose of the committee is to grow membership by way of recruitment and retention. But they also work with the Education Committee on developing new member orientation. Their responsibilities range from greeting all new members of CAI-MN, preparing welcome letters, contacting members whose membership has expired, attending monthly luncheons to introduce new members, creating retention programs, and anything else they can think of that will benefit you, the members of CAI-MN. These guys are your resource; they are always happy to help out members, and are open to members ideas. Do you have any big ideas? The Membership Committee would love to hear them!

Trade Show Committee We all know of the annual CAI-MN trade show. Though it all happens in one day, months of work go into putting on this amazing event. The Trade Show Committee dedicates its time to planning. Everything that goes into the trade show (vendors, promotions, planning, execution) starts with the Trade Show Committee. This means having a firm grasp of how to organize events, how to speak with potential sponsors, and much more. The Trade Show Committee works to supply you with one of the most valued and fun events CAI-MN has to offer.

Vision Awards Committee The Vision Awards are a way to recognize outstanding members for their outstanding achievements. The committee plans a major event to showcase these achievements. They establish and create award categories and criteria, oversee the program and the judging process, solicit sponsorship and market the event. Nominations for

Over the last few years, the Vision Awards has grown to become a staple in the industry — garnering over 50 nominations and over 150 attendees last year. the Vision Awards can be made on CAI-MN’s website, and are open to members to nominate. The Vision Awards has grown to become a staple in the industry, garnering over 50 nominations and over 150 attendees last year. These guys love to interact with the superb members of CAI-MN, and they recognize our members are just as valuable as our committees. It’s important you receive recognition for your work; now it’s time to recognize the people who put in the work to recognize you.

Social Committee Through annual events, the Social Committee enables all members to get to know each other better. In doing so, we help foster a supportive and knowledgesharing community.

Some of the most fun experiences that members have are at our social events. So it is important to know how those events come to be. The Social Committee plans events for association managers, business partners, and community association volunteer leaders.

They do this primarily to promote CAI to non-members, and retain current members by providing ongoing networking opportunities at social events. There are currently a dozen people on the committee, including managers and vendors. The next social event is the St. Paul Saints game in June — and it’s going to be a blast!

Now you have it. Every committee at CAI-MN laid out before you. All of these committees consist of managers and vendors dedicated to improving CAI-MN and advancing our mission. CAIMN is privileged to have so much talent and dedication on every committee, but we can always do more. If you or anyone you know has any ideas, suggestions, or questions for any of the committees, contact CAI-MN’s Account Executive, Bryan Mowry at BryanM@ ewald.com

Get involved! Contact a committee chair (listed on page 4) to find out how you can contribute!

May | June 2016

11

member pulse

By Christopher R. Jones, Esq., Hellmuth & Johnson, PLLC

Question 1

T

Question 2

The “Member Pulse” is intended to provide a place for members to share feedback on interesting topics. We are hopeful that members will find the questions worthy of submitting a response/feedback. The feedback or response does not need to be lengthy and may simply be a short summary (no more than 500-700 words). By including the question in the prior month’s edition, the feedback will be in line with the current month’s topic/issue. Each issue will have new questions to generate some creative thinking for the next issue.

How do you handle unpaid assessments?

Has your association experienced issues related to mental illnesses, such as depression, anxiety, or hoarding?

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Minnesota Communit y Living

he “Member Pulse” is a new feature for Minnesota Community Living intended to provide members’ views on timely and relevant topics to those involved in the community association world. Each issue will feature questions related to the topics or themes that will be presented in the next issue. The answers and feedback generated by the questions will be published in the next issue.

We look forward to your active participation with the new “Member Pulse”. Look here each issue for the feedback from the prior issue’s questions as well as the question for the next issue.

Because this is the first edition of the “Member Pulse”, we have only included the questions for your feedback. Send your responses to memberpulse@cai-mn.com.

May | June 2016

13

Legislative Update

By Nick de Julio, Ewald Consulting

P

rior to the start of the 2016 Minnesota Legislative Session, the Legislative Action Committee (LAC) heard that a few bills might be introduced that would look at proposed changes dealing with Construction Defect Claims. In late March, HF 3520 (Rep. Dennis Smith, R-Maple Grove) and SF 3224 (Sen. Kari Dziedzic, DFLMinneapolis) were introduced in the House and Senate as the LAC expected. After reviewing the proposed changes, the LAC agreed that the proposals weaken consumer protection elements of the Minnesota Common Interest Ownership Act (MCIOA); the LAC organized to oppose the legislation, and a member action alert was sent out.

Key issues that the LAC highlighted in opposition to the proposals: • Make it harder for an association to file suit. The bills require a special meeting and written consent of 2/3 of all homeowners in a homeowners association before its Board of Directors is permitted to institute a construction defect claim on the association’s behalf. Proper quorum at a homeowner meeting for purposes of electing Directors is challenging in and of itself. In a community where Directors have been duly elected pursuant to MCIOA and the Minnesota NonProfit Corporation Act, no good reason exists to inhibit the power or authority of those Directors to manage the affairs of a common interest community.

• Lead to an increase in your assessments.

The bills require associations to perform annual reserve studies. Associations should be encouraged to perform reserve studies, but should not be mandated, especially at this frequency. This new

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Minnesota Communit y Living

requirement will be unduly burdensome and prohibitively expensive for almost all homeowners associations in Minnesota, save only the very largest and most financially able associations. Reserve studies are often prepared by licensed professional engineers, and can cost thousands, or tens of thousands of dollars to research and prepare for any given community.

• Make it more expensive to file suit.

The bills remove an association’s ability to recover its attorney fees from a declarant-homebuilder when it prevails on a construction defect or other type of claim. Construction defect claims are difficult for homeowners associations to prosecute and succeed on for many reasons, including but not limited to short statutes of limitation, builder and developer insolvency, and liability insurance coverage problems. The attorney fees and engineering fees that are required often make construction defect claims a financial impossibility for associations. Of those associations that successfully prosecute defect claims, many end up having to “value engineer” needed repairs, or not make them at all because they’re not made financially whole after paying their attorney fees and other costs of litigation.

Currently, the bills have not received hearings in either the House or the Senate. May 23 is the last day of session; because neither bill met committee deadlines, the issue appears to be on hold for this legislative session. However, we expect the topic to come back up next session and be discussed in greater detail.

While the discussions are done for now, it is important for homeowners to keep informing their legislators of concerns regarding this legislation and other proposals that put you at risk.

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Minnesota Communit y Living

Organizing a Neighborhood Cleanup

By Kate-Madonna Hindes, Director of Marketing, Ewald Consulting

I

t’s no secret that cleaning is more fun when you’re doing with a group of people.

Neighborhood cleanups offer the community an opportunity to bond with one another. Also, it gives everyone a chance to give back and help the community as whole. Here are a few steps in planning a neighborhood cleanup:

Determine a Date

Look and find a date that works for a majority of homeowners.

Consider having the cleanup after work or on a weekend day where most people are not fighting work or family obligations. Planning a few months in advance can also offer better turnout.

Assign Roles, Responsibilities, and Tasks

Select a coordinator, a supervisor and form subcommittees. Selecting a supervisor is helpful because there is an individual capable to make decisions and lead the charge ­— onsite, alongside the coordinator.

The supervisor will also handle any conflicts that occur. When establishing a subcommittee or team, it’s important to make a list of tasks for them to complete. Make sure all understand and are comfortable with their assigned tasks.

Spread the Word

Once a time and date have been agreed on, it is time to advertise the event. This can also attract volunteers! Consider having a committee member walk the neighborhood, passing out invitations. You can also promote in the HOA newsletter or on your social network.

Remember that when community members have enough notice and are encouraged to attend or participate by their peers, the turnout is far greater.

Plan for Waste Disposal

Many forget or do not know what to do once all the trash is collected. Discuss and decide where the trash is going, and whether or not you’ll be splitting trash into recyclables. Contact local or private waste management companies. Make sure to go over and understand any rules and restrictions about which type of disposal a company or city will take. Also, make sure to have separate bins for various types of trash. For instance, will chemical products be used or collected that day?

Reward Homeowners

Offer each homeowner a bag and encourage them to turn in their filled bag for a prize or treats at a designated home base or table.

After the cleanup is done, have a social event or party to reward all for their hard work. Look for any businesses to sponsor this or make donations for food and utensils. Also, take this opportunity to get to know everyone, socialize, and bond together as a community!

May | June 2016

17

Co-Insurance: The Hidden Cost

By Pete Giancola, CHFC, Pete Giancola Insurance Agency

M

any associations today are insuring their properties and choosing insurance policies based solely on price. We continually hear “Get it cheaper” instead of “What would be the most logical thing to compare when choosing insurance coverage?”

Many times associations have no idea what their risks are or what they could be facing if they need the insurance carrier to step up and pay the claim. In many instances, they are faced with surprises in their policies that they didn’t know existed until the loss is severe.

One of those items is “co-insurance.” Co-insurance, in the simplest terms, is when you, the association board, “shake hands” with the insurance company and both parties agree to insure your property or buildings together. (Obviously “we” the insurance company have more dollars.)

Most associations deal directly with an agent or broker to determine building coverage. In our vernacular, this is the “Coverage A” coverage amount. However, when a claim is made, it is never the agent working with the client to determine the valuation of the loss.

It is a claims adjuster from the insurance company who determines the proper valuation of the building coverage. The adjuster works with the client to determine the loss amount and payment.

In many situations, a severe case of amnesia begins with the agent because nothing was communicated in writing or saved when the coverage was secured. Sometimes the management company’s property manager brings in a “favorite agent” due to that agent’s ability to manipulate pricing, rather than providing coverages and amounts in the association’s favor. Associations continually ask, “Can you strip coverages to get the policy cheaper?” But they rarely ask, “What am I giving up if you (the agent) remove that coverage?”

Co-insurance is most commonly explained “did over should”: what did the association insure its structures for? And what should the association have insured its structures for?

Here is an actual example that resulted in hundreds of lawsuits (see article included “Condo Insurance Shortfall Anchorage Alaska”).

In this scenario, the condo association, with the help of its agent, determined $14.5 million to be appropriate coverage for two buildings. The association later hired a plumber who inadvertently set one building on fire, resulting in a total loss. The insurance company calculated the loss at $14 million — so they have enough coverage, correct? Incorrect!

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Minnesota Communit y Living

The adjustor (who arrives at the valuation only after the loss occurs) estimated the insurable value of the buildings to be $30 million.

The policy showed $14.5 million, and here is where the math got interesting: The adjustor looked at the policy, and the declarations showed that the coverage included co-insurance. Immediately following the loss, the adjustor calculated that coverage on the buildings should have been $30 million. He multiplied this value by the association’s coinsurance percentage, 80 percent, and asked, “Was the association insured to at least 80 percent of the calculated replacement cost ($24 million)?” Answer: they weren’t!

This replacement cost is the amount of coverage the association needs to have if it expects to receive the entire amount listed for coverage “A” ($15 million).

So, the adjustor did what adjustors do best: he divided the $15 million dollars that the association had for its coverage by the $24 million (the co-insurance, per the applied 80 percent). The association’s coverage was 62.5 percent of what was required by the co-insurance ($15 million divided by $24 million = .625).

Then the adjustor multiplied $15 million (the amount the buildings were insured for on the declarations page) by 0.625 to arrive at payment for the loss: $9,375,000. After deductions for debris removal and site preparation, each HOA member received a bill for around $90,000. Then the lawsuits flew. (Remember, the association was told it lost a $15 million dollar building.)

Every association should be aware that laws change, and local ordinances might affect them in ways they never dreamed of. They should consult with experts each year to understand what those changes may be.

It would be great to see people have the correct coverage in the right places when they are at risk of losing their largest asset — their home. If you know exactly what your coverage should be at the time of a loss, co-insurance would never apply!

Save the Date!

CAI-MN 2016 Vision Awards International Market Square

2016 Why should you be involved?

Nominating someone for an award is one of the highest compliments you can give an employee, partner or customer. Help us raise up our industry professionals give back to the people that you work with each and every day.

Join Us! September 22, 2016 Deadline to nominate is August 5, 2016.

Recognize those outstanding in the community association business! Nominate someone — or an association — for a Vision Award today.

Submit Your Nominations Today! www.cai-mn.com/nominate

Community Management Community Management is part art, part science — and part professional experience. Three Vision Awards recognize community management personnel.

The Community Management Professional Award recognizes those professionals who, through their excellence, enable the community managers to do their jobs even better! Nominees for these awards may include any community management professional other than community managers. Recognition is given to a community management professional who displays integrity; reliability; commitment to the industry; loyalty to consumer clients and the ability to interact well with board members, managers, service providers and other industry professionals. Promotion of ethical conduct and competence are included as part of the qualifications for this award.

Community Managers, of course, are those magicians who keep everyone happy: owners, board members, vendors... everyone. Time and again, they share their experience and expertise with their associations, helping them operate effectively and efficiently.

The Excellence in Service Award recognizes a community manager who displays integrity; reliability; commitment to the industry; loyalty to consumer clients; and the ability to interact well with board members, managers, service providers and other industry professionals. Promotion of ethical conduct and competence are included as part of the qualifications for this award.

The Financial Impact Award recognizes a community manager who has positively impacted a community in a significant manner from a financial standpoint. A nominee for this award might, for example, have been instrumental in helping an association complete a capital improvement project on (or under) budget, or may have helped an association work through the complexities of a major insurance loss. The nominee may simply have recognized areas in which an association could realize savings, helping the association survive a budget crisis or weather an unforeseen but necessary expenditure without “breaking the bank.”

Visit the website for a complete list of award categories and additional information.

May | June 2016

19

CAI-MN 2016 Golf Tournament ANNIVERSARY

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Innovators

By Thomas C. Engblom, CMCA, AMS, PCAM, ARM, CPM

H

arvard Business Review wrote, “Successful innovators care about solving interesting and important problems — innovation is merely a byproduct. If this distinction seems like hair-splitting, it isn’t. The two focuses create vastly different realities.” CAI-Minnesota has benefited from innovators and innovations that include individual people, technology, industries, and entire generations.

PEOPLE – Many innovators have paved the way for us today in the community association industry. This list is just a sampling, as we certainly could publish an entire book of CAI-Minnesota innovators. The important message to recognize is that no matter the industry, no matter the year, we all continue to learn from each other and do best when we collaborate for the common good.

TECHNOLOGY – The association industry in the last 30 years has seen exponential innovation with the creation of the Internet, broadband, browsers and HTML, PC/laptop computers, mobile phones, emails, microprocessors, fiber optics, office software (spreadsheets, word processors), open source software and services (e.g., Linux, Wikipedia), GPS, tablets, online meetings/voting, cybercrime, and instantaneous information. These innovations have helped develop community association industry administrative best practices.

INDUSTRY – At the same time, professional credentials and the MCIOA have advanced professional standards in the industry.

The award-winning Community Associations Institute Minnesota chapter strives to be an industry innovator to help business partners, community association managers, and community association volunteer leaders solve industry challenges through education.

GENERATIONS – Baby Boomers and Generation Xers were meaningful components of innovation in the association industry, while Millennials have known no other path than evolving with innovation and technology. The next generation is determining its mantra as Digital Natives (or the Selfie Generation), emphasizing this generation’s deep connection to technology. Regardless of the generation, members continue to pursue innovation for the Minnesota chapter, solving important problems and learning from each other.

William Pollard wrote, “Learning and arrogance go hand in hand.

The arrogance of success is to think that what you did yesterday will be sufficient for tomorrow.” Here’s to CAI-Minnesota, innovating for better communities!

Industry News As of March 11, Thomas Engblom has attained Doctoral Candidacy status at Northcentral University in the School of Business and Technology Management.

May | June 2016

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24

Minnesota Communit y Living

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Nobody has to be a professional writer, as we can help a submission before it becomes the final product. These are fairly general categories.

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25

Ask the Attorney

By Nigel Mendez, Esq., Carlson & Associates, Ltd.

This column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues that they have encountered with respect to their associations.

Discussion of these questions, as well as prior questions, can be found on the CAI-MN LinkedIn page: tinyurl.com/CAIMN-LinkedIn.

Q:

judgment lien holder. Each junior lien is assigned a priority, and the right to redeem the property is executed in order of that priority.

The most senior junior lienholder has an opportunity to redeem from the foreclosure sale first, followed by each successive lien holder. Each junior lienholder has a seven day window to redeem from the more senior lien holder.

In Minnesota, an association’s lien for assessments is junior to the first mortgage on the property, but ahead of any second mortgage. This means that when a mortgage company forecloses, and the owner does not redeem from the sale, the association is able to redeem the property at the end of the owner’s redemption period. The redemption price would be the same price that the owner would have had to pay — the amount of the bid at the foreclosure sale, plus any amounts that came due and owing during the redemption period. Obviously, that might be a significant sum of money.

An association I manage was contacted by an investor who wants to buy the association’s lien. What is going on here?

A:

In order to understand why the investor is interested in the association’s lien, it is important to first understand lien priority and redemption rights. Once a foreclosure sale is held (either a mortgage foreclosure or assessment lien foreclosure) there is a period of time in which the foreclosed party (the homeowner) is able to redeem the property from the foreclosure. This time period is called the redemption period, and usually lasts six months, but can be five weeks or twelve months in certain situations. Before the end of the redemption period, the foreclosed party must pay the amount bid at the foreclosure sale, plus other amounts that have come due since the sale date (this is most commonly interest, recording fees, etc.) in order to retain ownership of the property.

If the foreclosed party is not able to redeem the property, the junior lienholders have an opportunity to redeem in order to protect their interest in the property. Examples of junior lienholders are an association with an assessment lien, a second mortgage, and a

If the association redeems the property, any other junior mortgages will also have the right to redeem. These redemptions would pay off all of the lienholders above them. The first redemption after the association would have to pay the amount that the association paid to redeem, plus any amount that the association was owed on its lien. In essence, a junior lienholder has to make any more senior lienholders whole. This process continues down the line of junior lienholders until there are no more parties, or no more parties that wish to redeem. The last party to make a redemption is the one who ends up with the property.

So, why is the investor contacting you to purchase your lien? It is probably because the mortgage foreclosure price was below the value of the property. For example, recently a property was foreclosed on by a mortgage company. The bid at the sale was $54,000.

The tax value of the property was over $100,000. There was no second mortgage on the property. In this instance, the association, redeeming as a junior lien holder, would have to pay the mortgage company approximately $54,000. If the association either does not have that amount of cash available, or does not want to use its funds to invest in a unit, an investor can often be found to purchase the redemption rights from the association. The investor then steps into the shoes of the association and redeems as a junior lienholder.

While it is convenient when an investor contacts an association directly, you can’t always rely on that happening. I recommend to my clients that foreclosure sales in their association be tracked

Continued on page 28 26

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27

Continued from page 26 so that they can determine the bid amount and decide if it is one that either the association may want to redeem or seek an investor.

Your association attorney should be able to help you track sales and contact investors.

The amount that an investor will pay an association for its lien rights can vary. If no redemption is made by the association, the foreclosure will extinguish the lien from the property. Therefore, an argument can be made that getting anything for the lien rights is better than nothing. However, if the property is favorable for one investor, it is likely favorable to multiple investors which can lead to competing proposals to purchase the lien. In the example above, there was about $50,000 in equity in the property. The association was able to recover significantly more than it was owed in delinquent assessments.

To have a question answered in a future article, please email it to me at nmendez@carlsonassoc.com with the subject line of “Ask the Attorney.�

While I can’t promise that all questions will be answered, I will do my best to include questions that have a broad appeal. Questions will also be answered by other attorneys practicing in this area of law. The answers are intended to give the reader a good understanding of the issue raised by the question but are not a substitute for acquiring an opinion from your legal counsel.

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Minnesota Communit y Living

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May | June 2016

29

Take Action after a Natural Disaster

By CAI National

I

f your property has been damaged in a natural disaster—hurricane, tornado, flood, earthquake or fire—there are some important steps you can take in the immediate aftermath to ensure your safety and minimize financial loss. Consider the following actions:

Enter with Caution

Damaged homes or buildings could be structurally unsafe; use extreme caution when navigating those areas, and don’t enter unless absolutely necessary. Debris and other hazards are unsafe.

Secure the Property

Take Photos of the Damage

Beginning with the property’s exterior, take photographs of the damage.

If it’s safe to enter the structure, take photographs of interior damage as well. These will come in handy for insurance purposes.

Take Inventory of Your Damaged Belongings

Make a list of your damaged personal items and ensure you have photographs. Include the price of large appliances or valuable items with your list and, if possible, surviving receipts.

In cases of significant structural damage or security concerns, determine whether the damaged area needs to be secured with temporary fencing or another type of barrier to keep out unwanted guests.

Notify Your Insurer

Call your insurance company to inform them there’s been a disaster and to file an official claim. Take down the claim number and any relevant contact information for whomever will handle your claim. If your vehicle sustained damage, contact your automobile insurer.

Tom Engblom CMCA, AMS, PCAM VP, Regional Account Executive 312-209-2623 tom.engblom@mutualofomahabank.com

Notify Utility Companies

If property damage includes disruption to water, gas or electric utilities, contact the companies right away to shut off service. Failing to do so could pose a safety risk to you or emergency responders in and around the disaster area.

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Minnesota Communit y Living

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Itch, Ouch, Scratch, it’s Bug Season!

By CAI National

W

hether you’re attacked while working in the garden, enjoying a picnic in the park or lounging by the pool, bug bites and stings are an inevitable summer annoyance. At best, bites and stings can be uncomfortable for a few days; at worst, they can be a serious, life-threatening hazard.

Here are some tips on how to relieve the itch or sting and when to know if you should seek medical attention: • If the bite or sting is mildly painful or itchy, apply over-thecounter medication that contains Benadryl or cortisone for topical relief. Other home remedies — like a applying a paste made from baking soda and water, dabbing on ammonia with a cotton ball, soaking in oatmeal baths or even applying toothpaste to the site — may also provide relief.

• Whatever you do, don’t scratch. This can cause an infection and leave a scar. And it won’t relieve the itch or sting.

• If you feel faint, nauseous, dizzy or disoriented, or if you experience rapid heartbeat, difficulty breathing or your lips,

tongue or throat swell, call 911 immediately. These symptoms indicate a severe allergy to the insect’s venom. Administer an Epi-pen (injectable epinephrine) if one is available and find someone to administer CPR if symptoms worsen before emergency personnel arrive. After the episode, follow up with a physician who can determine an allergy prevention treatment.

• Stay alert for delayed symptoms around the bite or sting, like redness or swelling, which could indicate an infection or other condition. And see a doctor right away if you have a headache, fever or joint pain within a few days of being bitten. Some insects, like ticks and mosquitoes, can infect their victims with serious illnesses with flu-like initial symptoms, such as Rocky Mountain spotted fever, Lyme disease and West Nile virus, which only a physician can diagnose and treat.

• Most important, use insect repellent when outdoors and wear light-weight, light-colored clothing over arms, legs and feet to keep insects off your skin. Avoid wearing perfume and fragrances, which can attract bugs.

May | June 2016

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