In this Issue: What to Do With Your Hoarder. . . . . . . . . . . . . 8 How to Handle Mental Health Issues. . . . . . . . . 11 Going Viral Isn't Always Good . . . . . . . . . . . . . . . 16 September/October 2016
Volume 34 • Issue 5
The Importance of Making Decisions. . . . 22 Annual Meeting Preview . . . . . . . . . . . . . . . . . . . . 28 Ask the Attorney. . . . 30 And More!
Dealing with Difficult Issues Online Magazine Available!
www.cai-mn.com/ magazine
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A Final Message as President By Joel Starks, Outgoing CAI President, Sperlonga Data & Analytics
T
he year has flown by, but we packed in so many good events. I can’t begin to thank all those who volunteered their time, knowledge and expertise.
The Social Committee did an excellent job giving us one cool idea after another. Leading off last year was the wine event where many a libation was had, along with some great networking and storytelling. The holiday party was a success and ushered us into the new year. Our Trade Show was once again a hit, and we did not have to worry about a major snow storm. (Next year the event is in April, so look to reserve your spot.) Bowling, a charitable outreach event to support MN Adult & Teen Challenge, a wet Saints baseball game, a cruise on the river with almost 110 members, and our 10th annual golf event made for some great memories. I look forward to seeing you all at the Vision Awards on September 22, where we will introduce and welcome our new president, JoAnn Borden.
It is always a pleasure working with Joel, he continues to bring new ideas by thinking outside the box. — Kris Birch President BIRCH, Inc..
I would like to thank the Board of Directors for their service over the past years and going forward. The team has always kept the best interest of homeowners, managers and business leaders at the forefront. Your friendship and partnership this last year was most memorable. Thanks to all of the committee members that participate on a regular basis. You are appreciated. The people that volunteer continue to be the lifeblood of CAI. So, be good to yourselves always, think of others often and be a strong leader in all that you do. I leave you with this quote John Quincy Adams that sums it up for me. “If your actions inspire others to dream more, learn more, do more and become more, YOU ARE A LEADER.” All the best!
Joel is the “idea guy”. He is always full of creative ideas to help grow membership and increase excitement about being a CAI member. He wears a contagious smile on his face that helps encourage positivity. — Halo Stafford, PCAM, CPM® Candidate Area Manager Pinnacle
Joel is a tremendous personality and his presence as our President will be missed. His energy, enthusiasm, and passion for contributing to CAIMN and doing the right thing help shape how he conducts himself and sets a great example for all of us to try to emulate now and going forward. I’m glad I got the chance to serve with him, and want to thank him for all he’s done (and for all I’m sure he’ll continue to do in the future) for CAI-MN. — Matthew Drewes Attorney DeWitt Mackall Crounse & Moore S.C.
July | August 2016
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Partners 2016 Annual Partners
Platinum
Capital Construction Columbus Exteriors, Inc. Parsons Construction, Inc. PCS Residential Sela Roofing & Remodeling Xtreme Exteriors N.A., Inc.
Gold
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
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
Advanced Irrigation, Inc. Benson, Kerrane, Storz & Nelson CertaPro Painters Community Advantage FirstService Residential Gassen Company, Inc. Hellmuth & Johnson, PLLC
Education Nigel Mendez nmendez@carlsonassoc.com
Legislative Action (LAC) Randy Christensen randy@actmanagementinc.com
Directors Kris Birch Phone 651.481.9180 kris@wearebirch.com
Silver
Membership Paul Lawson paul.lawson@fsresidential.com
Matthew Drewes Phone 952.835.7000 mdrewes@tn-law.com
Social Ben Brueshoff bbrueshoff@pcsrenew.com
Crystal Pingel, CMCA, AMS, PCAM Phone 952.277.2700 crystal.pingel@fsresidential.com
Trade Show Michele Ramler mramler@cedarmanagement.com
Michelle Stephans, RS Phone 763.226.7118 michstephans@gmail.com
Tom Engblom tengblom@cabanc.com
Larry Teien Phone 952.888.8093 lteien@aol.com
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
Golf Tournament Kris Birch krisbirch@birchlawn.net
Vision Awards Shaun Zavadsky, CMCA shaun.zavadsky@fsresidential.com
Secretary Nancy Polomis, Esq. Phone 952.941.4005 npolomis@hjlawfirm.com
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.
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 September 22 Vision Awards and Annual Meeting October 11 Manager Seminar 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 10 Manager Seminar April 20 Trade Show
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What to Do With Your Hoarder By Luke Linroth, 24 Restore
3
President’s Message — A Final Message By Joel Starks, CMCA, Sperlonga Data & Analytics
How to Handle Mental Health Issues By Kate-Madonna Hindes, Ewald Consulting
Going Viral Isn't Always Good
7 Incoming President's
By Michelle Kelly, Empowering Performance, Inc.
Complaint Resolution: Coming In L.A.S.T.
Message
By JoAnn Borden, CMCA, AMS, PCAM, Associa Minnesota
14 Member Pulse
By Christopher R. Jones, Esq., Hellmuth & Johnson, PLLC
By Heidi Stinson, Stinson Services
22
The Importance of Making Decisions
By Suzie Stegic, Professional Organizer
23
Vision Awards 2016
24
Your Vote Counts!
26
30 Ask the Attorney
By Nigel H. Mendez, Esq., Carlson & Associates, ltd.
Have Comments?
By CAI National
Register for events online at www.cai-mn.com
Series
Index
Annual Meeting Preview
Email your feedback on articles to bryanm@cai-mn.com for a chance to be featured in Minnesota Community Living!
By Bryan Mowry, CAI-MN Chapter Executive Director
For more information regarding an event, call the office at 651.203.7250 or visit www.CAI-MN.com.
Index of Advertisers 24 Restore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Advanced Innovative Management. . . . . . . . . . 20 All Ways Drains . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Allstar Construction . . . . . . . . . . . . . . . . . . . . . . . . 10 American Family Insurance – Jeffery Mayhew Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Association Property Management Company. 27 BEI Exterior Maintenance . . . . . . . . . . . . . . . . . . 25 Benson, Kerrane, Storz & Nelson, P.C. . . . . . . . . 10 BIRCH, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Birch Tree Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Capital Construction. . . . . . . . . . . . . . . . . . . . . . . . 6 Carlson & Associates, Ltd . . . . . . . . . . . . . . . . . . 32 CertaPro Painters . . . . . . . . . . . . . . . . . . . . . . . . . 33 Columbus Exteriors, Inc.. . . . . . . . . . . . . . . . . . . . 18 Community Advantage . . . . . . . . . . . . . . . . . . . . 32 Construct-All Corporation. . . . . . . . . . . . . . . . . . 32 Epic Masonry Restorartion . . . . . . . . . . . . . . . . . 27 Felhaber Larson. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Final Coat Painting . . . . . . . . . . . . . . . . . . . . . . . . 27 FirstService Residential . . . . . . . . . . . . . . . . . . . . . 7
G & J Awning & Canvas . . . . . . . . . . . . . . . . . . . . 29 Gassen Companies . . . . . . . . . . . . . . . . . . . . . . . . . 19 Gates General Contractors . . . . . . . . . . . . . . . . . . 2 Gaughan Companies. . . . . . . . . . . . . . . . . . . . . . . 34 Gopher State Sealcoat, Inc.. . . . . . . . . . . . . . . . . 29 Hellmuth & Johnson, PLLC.. . . . . . . . . . . . . . . . . . 15 Michael P. Mullen, CPA, PLLC . . . . . . . . . . . . . . . 28 Minnesota Roadways . . . . . . . . . . . . . . . . . . . . . . . 15 Mutual of Omaha Bank. . . . . . . . . . . . . . . . . . . . . 32 New Concepts Management Group, Inc. . . . . . . 15 Omega Management, Inc. . . . . . . . . . . . . . . . . . . 28 Parsons Construction, Inc.. . . . . . . . . . . . . . Outsert PCS Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Plehal Blacktopping . . . . . . . . . . . . . . . . . . . . . . . . 19 Reserve Advisors. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Russo Consulting, Inc.. . . . . . . . . . . . . . . . . . . . . . . 15 Sara Lassila, CPA. . . . . . . . . . . . . . . . . . . . . . . . . . 34 Sela Roofing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Strobel & Hanson, P.A. . . . . . . . . . . . . . . . . . . . . . . 19 TruSeal America, LLC. . . . . . . . . . . . . . . . . . . . . . 23 Xtreme Exteriors . . . . . . . . . . . . . . . . . . . . . . . . . . 35 July | August 2016 5
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Minnesota Communit y Living
Incoming President's Message By JoAnn Borden, Associa Minnesota
I
can’t believe another year has almost gone by. The 2016 Vision Awards and Annual Meeting is coming up and the reality of my role as incoming president is starting to set in. I have large shoes to fill as I replace Joel and take on this responsibility. Before I get into the standard stump speech of my goals, how fitting in light of the political environment we all are experiencing right now, I would like to thank Joel for his volunteerism, leadership, and friendship this past year. Even though Joel’s term is up I know he will continue to be a part of the CAI-MN chapter and CAI member; he is passionate about the growth and success of our Chapter and CAI on the whole. A little bit about me, well… I don’t like writing about myself. Let’s be honest, who does? So let’s all struggle through this together, I promise I’ll be brief. As I started this lovely article, I mentioned my disbelief in how fast this year has gone. Personally, there have been many changes and milestones in my life; the most exciting being the engagement of my oldest son. By the time this article comes out I will have added to my brood of four sons a lovely and beautiful daughter-in-law. I am definitely blessed. Professionally, I have been in the industry since
1999 and a member of CAI since 2006. I have truly benefited as a member of CAI, first and foremost being the education and training opportunities. The knowledge I have received has definitely helped me in the advancement of my career. The networking opportunities has not only forged great and long-lasting working relationships with many business partners but also many friendships. Back to the aforementioned “stump speech”…there has always been a common goal of increased membership and increased involvement; growth. This still stands and yes, this is a goal of mine for our chapter, as it should be. On the board we are always looking at last year’s numbers, membership, event attendance, was this event/education session successful, bottom line chapter revenues and expenses, etc… That’s why we volunteered, why I volunteered; to help guide our chapter, to grow the chapter for the benefit of all the members. I have really enjoyed working with the board the last two years as well as my years volunteering and chairing the CAVL Committee. I am committed to taking on this new responsibility and excited at the challenge. I am looking forward to working and volunteering to make (continued on page 34)
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July | August 2016
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What to Do With Your Hoarder By Luke Linroth, 24 Restore
W
hat Causes Hoarding? “Hoarding is a disorder that may be present on its own or as a symptom of another disorder. Those most often associated with hoarding are obsessive-compulsive personality disorder (OCPD), obsessivecompulsive disorder (OCD), attention-deficit/hyperactivity disorder (ADHD), and depression. “Manifests when inanimate items are given higher value than others would give them, to the point of being ascribed ‘feelings’; despite the distress that is caused to living beings by the collecting.” Because hoarding is classified as an illness, hoarders are protected under the Fair Housing Act. Therefore, eviction is generally not an option until higher-level hoarding is reached; here are some solutions to create a positive situation for everyone involved.
Levels of Hoarding
Level 1: Livable space with limited clutter, minimal pet odors, housekeeping with safe sanitation and working appliances. Minimal pest invasion evidence. Stairways and doors are all accessible. Level 2: Two or more rooms exhibiting clutter, a major appliance is inoperable, minimal housekeeping with a consistent light unpleasant odor, overflowing garbage and mold/mildew growth visible in kitchen/bathrooms. Dirty food preparation areas, some pet waste is visible. Evidence of rodent/insect invasion. Level 3: Ceiling-high clutter, clutter visible from exterior, more than one major appliance is inoperable, no evidence of housekeeping, heavy odor, visible or audible rodents, insects and spider webs are evident. Clutter in stairs, doorways and hallways. Level 4: Structural damage such as broken pipes or walls and doorways. No clean eating surfaces or preparation/serving tools, rotting food exposed and sitting out. Significant rodent and insect infestation. Pets are free-roaming and self-sufficient. Mold. Pet waste throughout, bio-hazardous situation with packed away items inside and outside of living space. Level 5: Moderate structural damage, no utilities, presence of deceased pets and/or rodents. Wild critters (squirrels, raccoons, etc.) present in property. Occupant is sleeping and/or living offsite (in a vehicle or garage), standing water present along with fire hazards. No working bathrooms or kitchen. Human waste present.
It is important to recognize this progression in order to address the issue early to limit the cost of remedy as well as a threat to safety. This 8
Minnesota Communit y Living
could make the difference between moving contents and cleaning, or demolition and decontamination with PPE gear — as well as the difference between life and death.
Problem: Gaining Access
The resident is usually embarrassed or protective and not willing to allow access. They want the stress of clutter removed and a fresh start, yet also will not allow the items with emotional attachment to be discarded. The resident is attached to many of the items that began, or became a part of the hoarding. It may have started with a collection of dolls, turned into a collection of empty toilet paper rolls, discarded mail and pizza boxes — and escalated from there. This makes the disposal of clutter nearly impossible if the resident is present.
Solution
Family members, if available, are usually more than happy to see their loved one live in a clean and safe environment and are often willing to facilitate separation from the unit while disposal process commences. You will also want to utilize off-site disposal (truck load rather than dumpster), because it is common for residents to retrieve items from on-site disposal.
Problem: Bio-Hazard Potential
More often than not, there are pets in the dwelling; it’s less likely the pets have a designated and maintained space to do their business. This creates not only an odor issue, but can be a bio-hazard and create an unsafe living environment.
Solution
If there is a bio-hazardous element to the hoarding, you will likely not want your own maintenance crew tasked with clean-up. Training and/or certification for blood-borne pathogens, HAZWOPR or similar may be necessary to deal with these issues. A pre- and posttest is always recommended to ensure safety of all residents, and cross-contamination risk eliminated. I won’t go into the legal and liability importance.
Problem: Addressing the Issue with Resident
Offer help, give notice and document everything. There are resources online that can help with legal ramifications. One very important aspect is to always ensure that the issue be treated with compassion. In whatever ways available, protect the privacy and security of the resident throughout the process — including during the removal process. This can be a challenge in multi-housing.
Solution
Items should be boxed or bagged inside of the property and relocated as discreetly as possible to off-site disposal. Care should be taken to use terms like “items” rather than “junk” or “mess.” This also greatly
reduces the stress to the resident and decreases the level of conflict, making future discovery or check-ins much easier.
Problem: Future Hoarding
Because hoarding is an illness, cleaning the clutter doesn’t mean the problem has been solved; the result just went away. Hoarding will begin anew if not addressed and watched over time.
Solution
After the items are removed, do a top-down clean for psychological reasons, offering a fresh start upon return to the property. This shows that there is a level of caring and the idea that “this isn’t so bad” — lowering the emotional anxieties over the fate of the “collection.” Psychological help is available from therapists and counselors to help with hoarding; a quick online search will give some resources in your area to pass along. Generally speaking, hoarders want this help. Their vulnerability will be highest during this process, which makes seeking that help during this time most likely.
Conclusion
Hoarding is always a delicate situation that requires continuous oversight and care, as well as diligent and professional intervention in most cases. There is a lot of room for great improvement and success in the lives of everyone involved… as well as room for legal troubles, damaged relationships and stress. Ensure that honest compassion and integrity are shown, and these situations can turn into success stories for you and your board/association.
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July | August 2016
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Minnesota Communit y Living
How to handle mental health issues within your board or management company By Kate-Madonna Hindes, Director of Marketing, Ewald Consulting
A
t some point, every HOA or board will need to investigate an issue of mental illness within their association. Condo and co-op boards have some room to intervene when a person with a mental health issue engages in conduct viewed as objectionable. In fact, boards should not wait for a crisis before attempting to address complaints about the conduct of such an individual. (http:// cooperator.com/article/dealing-with-difficult-unit-owners-or-shareho/ full#cut)
Prevalence of Mental Illness
• Approximately 1 in 5 adults in the U.S. — 43.8 million, or 18.5% — experiences mental illness in a given year. • Approximately 1 in 25 adults in the U.S. — 10 million, or 4.2% — experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. • 1.1% of adults in the U.S. live with schizophrenia. • 2.6% of adults in the U.S. live with bipolar disorder. • 6.9% of adults in the U.S. — 16 million — had at least one major depressive episode in the past year. • 18.1% of adults in the U.S. experienced an anxiety disorder such as posttraumatic stress disorder, obsessive-compulsive disorder and specific phobias. • Among the 20.2 million adults in the U.S. who experienced a substance use disorder, 50.5% — 10.2 million adults — had a co-occurring mental illness.
A note about fair housing practices
Because mental illness is generally considered a disability, it is in violation of fair housing law to: • Refuse to rent because of mental illness or disability; • Refuse reasonable structural modifications to improve access; • Refuse to make reasonable policy exceptions. According to fairhousingmn.org, very few homes are exempt from fair housing laws. “Owners and managers of some owner-occupied or religious-affiliated housing are not barred from discriminating against some classes of people.” Even then, factors such as race are not allowed to interfere with housing. Applying rules consistently and keeping accurate and up-to-date records can be the best defense to prevent your association, management company or rentals from experiencing a discrimination lawsuit. The 1989 amendments to the Fair Housing Act require landlords and community associations to offer “reasonable accommodations”
in their rules, policies, practices, or services, when necessary to provide residents with disabilities “an equal opportunity to use and enjoy a dwelling.” As a practical matter, association managers and boards confronting these situations must find a way to balance an emotionally troubled resident’s interest in remaining in his/ her home, against the obligation to ensure the health and safety of other residents and to protect their right to the “quiet enjoyment” of their residences. These situations are real. They are also painful, complicated, often hazardous, and almost always difficult to resolve. - HindmanSanchez Law Firm If you believe you, or someone you know has been discriminated against, contact the Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity, which enforces the Fair Housing Act at: http://portal.hud.gov/hudportal/HUD?src=/ program_offices/fair_housing_equal_opp Resource: http://fairhousingmn.org/providers/faq
Dementia, Alzheimer’s and the aging population The National Institute on Aging reports that as many as 5.1 million Americans may have Alzheimer’s disease, which is the most common cause of dementia in older adults. Alzheimer’s is often grouped with symptoms such as memory loss, agitation, anxiety and wandering.
According to the Alzheimer’s Association, 94 percent of people who wander are found within 1.5 miles of where they disappeared. If your development includes land with many trees, bodies of water, or other large natural areas, consider precautions and have a plan ready in case a resident goes missing. Wandering usually follows the direction of the dominant hand, so it’s helpful to know whether the resident is left or right handed. With many HOAs experiencing populations that are aging, Alzheimer’s is becoming a greater concern than ever before. Get proactive about aging HOA residents by considering the following: • Make sure all residents carry identification and enlist the help of family members, when necessary. Board members should keep a recent close-up photo and updated medical information to give to police if a person becomes lost. • Make a list of people to call for help, and keep the list easily accessible, making sure board members and those involved in decisions have a copy. (continued on page 13) July | August 2016
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From organizations that focus on advocacy, to state and national agencies, this list offers a comprehensive guide to resources and referrals, from the Minnesota Department of Health. Advocacy websites Mental Health Consumer Survivor Network A grassroots 501(c) (3) organization run entirely by people who have experienced psychiatric disorders. They serve adults in every county in Minnesota, providing support, education and advocacy to our peers, family members, mental health providers, policy makers and the general public. Minnesota Disability Law Center (MDLC) (Minnesota Legal Services Coalition) Federally funded protection and advocacy system available to assist people with disabilities in protecting their rights. NAMI-MN The National Alliance on Mental Illness (NAMI) of Minnesota is a non-profit organization dedicated to improving the lives of adults and children with mental illness and their families. NAMI Minnesota offers education, support and advocacy. Office of the Ombudsman for Mental Health and Developmental Disabilities Independent state agency, consisting of an Ombudsman appointed by the governor and a 15-member Ombudsman Committee for Mental Health and Developmental Disabilities "to advise the Ombudsman on promoting the highest attainable standards of treatment, competence, efficiency and justice for persons receiving services for mental illness, developmental disabilities, chemical dependency and emotional disturbance in children." Mental Health Minnesota (www.mentalhealthmn.org) The nonprofit provides online screening services for a variety of illnesses, including mood and anxiety disorders. Mental health and wellness resources and support groups are also available. Federal websites Benefits.gov Features information about federal programs that let citizens determine the benefit programs for which they may be eligible. Centers for Medicare and Medicaid Services (CMS) Federal agency within the U.S. Department of Health and Human Services, previously known as the Health Care Financing Administration (HCFA), responsible to administer the Medicare and Medicaid program. HealthCare.gov Federal website provides consumers with information about private and public health coverage options, including Minnesota Health Care Programs, in a single, easy-to-use tool.
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National Institute of Mental Health (NIMH) NIMH envisions a world in which mental illnesses are prevented and cured. The mission of NIMH is to transform the understanding and treatment of mental illnesses through basic and clinical research, paving the way for prevention, recovery, and cure. National Institutes of Health (NIH) Federal agency within the U.S. Department of Health and Human Services that supports some 35,000-research projects nationwide. SAMHSA The Substance Abuse and Mental Health Services Administration's (SAMHSA) mission is to reduce the impact of substance abuse and mental illness on America's communities. U.S. Department of Health and Human Services (HHS) Federal agency responsible to protect the health of all Americans and provide essential human services. Minnesota websites Department of Employment and Economic Development The Minnesota Department of Employment and Economic Development (DEED) is the state’s principal economic development agency. DEED programs promote business recruitment, expansion, and retention; international trade; workforce development; and community development. Minnesota Department of Health (MDH) State agency responsible to protect, maintain and improve the health of entire communities through a network of city and/or county health departments. Programs include clean water (environmental labs), safe food (food safety center), quality health care (HIV testing sites), healthy choices (WIC agencies), and state licensing/permits for food and health care providers. You can search by health topic, request forms and applications (birth, death and marriage certificates), access programs by name and use the library services. Minnesota State Advisory Council on Mental Health The Minnesota State Advisory Council on Mental Health is a 30 citizen group, appointed by the governor, representing consumers, family members, advocates, providers, elected officials, state department representatives and others from around the state. Minnesota State Legislature Guide to the Minnesota legislature with access to the House of Representatives, Senate, legislation and bill status, Minnesota statutes/session laws/rules, legislative schedules and general information. Minnesota State Register Official weekly publication for Minnesota Rules (proposed, adopted and exempt), Official Notices (including requests for outside opinions, revenue notices, executive orders, meetings and vacancies in agencies), Professional, Technical and Consulting Contracts and State Grants and Loans. (continued on page 13)
(continued from page 11) • Keep a list of places where an individual may wonder. Consider past jobs, other homes and places within walking distance that they frequent. Did you know that the MedicAlert ® + Alzheimer’s Association Safe Return Program offers 24-hour nationwide emergency response for individuals with Alzheimer's or a related dementia who wander or have a medical emergency? Visit http://www.alz.org/safereturn to learn more. Resource: https://www.nia.nih.gov/sites/default/files/caring_for_a_ person_with_alzheimers_disease_0.pdf
Smart strategies on mental illness within HOAs
• Don’t wait — investigate! Whether it’s hoarding, depression or another mental illness, waiting or refusing to act will only make the situation worse. Make sure management, association and board work in tandem to spell out guidelines before they are needed. When an issue arises, discuss, then act — making sure to approach the situation with empathy and respect.
(continued from page 12) National organizations Depression and Bipolar Support Alliance Formerly known as the National Depressive and Manic-Depressive Association, organization aims to improve the lives of people living with mood disorders. The site includes a confidential screening for mood disorders. NAMI (National Alliance on Mental Illness) NAMI is a nonprofit, grassroots, self-help, support and advocacy organization of consumers, families and friends of people with severe mental illnesses, such as schizophrenia, major depression, bipolar disorder, obsessive-compulsive disorder and anxiety disorders. National Empowerment Center The mission of the National Empowerment Center Inc. is to carry a message of recovery, empowerment, hope and healing to people who have been diagnosed with mental illness. The center is a consumer/survivor/ex-patient-run organization Mental Health America (Formerly known as National Mental Health Association) This organization works to improve the mental health of all Americans, especially the 54 million individuals with mental disorders, through advocacy, education, research and service.
• Use inspections for your benefit. Does your association offer inspections for insurance or local code compliance? Use them to look for warning signs of mental illness. These may include: • Trash piled up inside or outside the home. • Signs that the resident has become withdrawn, or hasn’t left their home. • Noticeable damage to property. • Enforce your CC&Rs. Violation letters and mailed warnings can be helpful. Be fair, consistent and specific, and include photos when available. Additional resources • If you or someone you know is experiencing a crisis, services are available on a 24-hour, seven-day-a-week basis. For immediate help, please call United Way’s 211 hotline, or 800-273-TALK (8255).
• MN’s Mental Health Laws: Whether statute, law or guidance for your association or management company, The Minnesota Department of Human Services has a comprehensive guide to the state's health laws at. Go to http://www.dhs.state.mn.us and search "Mental Health Laws."
• Download a one-page checklist to help determine if you or someone you know should seek additional help with mental health concerns. Visit www.cai-mn. com/Mental_Wellness_checklist.
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member pulse
Question
By Christopher R. Jones, Esq., Hellmuth & Johnson, PLLC
How does your association handle conflicts between neighbors?
“Member Pulse” is your chance to comment on timely and relevant topics. Each issue will feature questions related to the topics or themes of the upcoming issue. Your responses will be published in the next issue. To respond to the question, or suggest a question for a future edition of “Member Pulse,” contact us at memberpulse@cai-mn.com.
Answers
“We work to address small issues before they escalate. It's also very important that we adhere to the grievance policy in our bylaws. Most issues can be resolved if everyone agrees to respect the process and participate in good faith.” — Jennifer S.
“Effective communication is vital. Our board works hard to make sure everyone knows what is expected of them as members of our community. Nine times out of 10, disputes are resolved by referring to established policies.” — Alex M.
“I've found that face-to-face discussions are much more productive than text messages and emails. It's easy to misinterpret someone's written words, and that can make the whole situation worse.” — C.T.
For the next issue...
Question 1
How has your association worked together to tackle a significant project or task?
Question 2
Does your association have a policy on how long holiday decorations may remain on display? Send your responses to: memberpulse@cai-mn.com 14
Minnesota Communit y Living
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Going Viral Isn’t Always Good By Michelle Kelly, Chief Enjoyment Officer, Empowering Performance, Inc.
W
hen a sneezing kitten video goes viral, it’s fun. When conflict goes viral, it’s a whole different animal. Respectful disagreements are necessary for creative problemsolving and effective interpersonal relationships, but you don’t want disagreements to spread into actual conflict that “goes viral.”
It’s all well and good to see that conflict is coming and to understand its cause, but what can you actually do about it once it’s here?
So, how do you keep conflict from turning into an epidemic that overruns your workplace or your community?
If you listen with anger or preconception, you’ll find yourself reacting with aggression and defensiveness, which blocks effective communication. However, if you listen actively, with respect and an open mind, you can recalibrate communication.
You start by being aware of its symptoms, warning signs that communication is beginning to deteriorate. Learn to recognize symptoms of impending conflict and you can keep it from sneaking up and sabotaging you, your team, and your residents. Here are some signs of trouble brewing: • • • • • • • •
Raised voices Excessive politeness or formality Increased blaming Increased gossip Decreased productivity Negative attitudes Increased missed days/appointments Nonverbals such as reddening faces and tense body language
You’ve recognized the symptoms, now what? If you can identify the cause of an impending outbreak, you’re one step closer to preventing it from escalating. Workplace conflicts typically fall into two basic categories, both of which can lead to communication breakdowns: 1. Style/personality differences: This is how we “show up.” One person may be methodical and deliberate, valuing “doing it right,” while another is spontaneous and quick to act, valuing “getting it done.” One leader may be transparent and positive, while another is private or critical. Maybe you like to get right down to it, but a resident prefers to chat about personal things for a few minutes. Our responses to others’ styles are easily colored by our own biases, perceptions, and emotions. Their quirks push our buttons and we often react with our “lizard brains,” lashing out with anger or defensiveness. 2. Performance: This is more about the work itself. Maybe someone on your team isn’t performing at the same level or on the same timetable as other team members, causing a domino effect with deliverables that results in friction. 16
Minnesota Communit y Living
Most conflict erupts because communication has broken down. You can often prevent and even overcome conflict by maintaining (or restoring) communication through active listening.
Here are some helpful active listening techniques for conflict situations: • Go to the balcony. In Getting Past No, author William Ury suggests that, instead of reacting with knee-jerk emotions, you walk up the steps to your mental “balcony” to view the situation from a distance and calmly evaluate it. Replace passion with dispassion. • Bracket. Acknowledge your biases, preconceptions, and judgments . . . then consciously set them aside. • Reflect. Confirm your understanding by reflecting back (repeating) the speaker's words. • Paraphrase. Use your own words to confirm the speaker’s message. • Check perception. Confirm with the speaker that your assumptions are correct; not just the data, but how the speaker is feeling. • Use open-ended questions. Probe for additional information with questions that require more than a one-word response. • Check body language and tone. Be aware of the whole message, not just the words. Body language and tone can dramatically shift meaning. • Steer your perspective toward opportunity. In a situation of tension or differing viewpoints, look for potential opportunities by asking, "What’s possible here?" "How can this improve the situation or relationship?" Once you’ve listened to the other point of view, continue to resolve conflict by demonstrating personal responsibility. This is about seeing a situation for what it truly is, owning your part in it, identifying possibilities for improvement, and taking action accordingly. Personal responsibility and accountability is also called “above-theline” thinking and action. This concept was introduced in 1994 (continued on page 34)
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CAI-MN 2016 Golf Tournament ANNIVERSARY
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Complaint Resolution: Coming in L.A.S.T. By Heidi Stinson, Stinson Services
S
ervice complaints don't have to be a negative experience that result in the loss of customers. With the right approach and attitude, complaints can help to improve your business, the quality of your service and retain customers.
How does your company deal with customer comments or complaints? One way to find it is through role playing. Call your company and see how your organization responds to customer complaints. Did you feel the company was seriously listening? Were they truly concerned and serious about resolution? The L.A.S.T. resolution method is one process for responding to complaints and keeping customers.
Listen
Before you say anything, hear them out. Listen without interrupting, then rephrase their complaint in your own words to
ensure that you understand the issue. Can you give me a breakdown of what happened? What I heard you say is‌.
Apologize
Sincerely apologize for the problem. Recognize that you failed to fulfill their expectations. I am so sorry for the inconvenience this has caused you. Your time is valuable and this was not our intention.
Satisfy
Offer to resolve the issue. This might be in the form of a refund or some other compensation. At this point it is essential to be impeccable with your word. We would like to offer you 20% off on your project to compensate you for this inconvenience.
Thank
Let the customer know that you appreciate their feedback and value them as a customer. Thank you for contacting us with your concern. We value your business and want to make sure you're satisfied.
The Importance of Making Decisions
T
By Suzie Stegic, Professional Organizer
hrough the work of being a Professional Organizer, I have discovered a major road block to change is the inability to make a decision. If you are troubled by making a decision, moving forward and feeling grand about it all simply melts away life's magic.
1. You have 2 choices: to act, or not to act. 2. Separate a piece of paper into 2 columns, and in one column write down what would happen if you take action. On the other side, what would happen if you take no action. 3. Can you live with taking no action?
Not deciding is a decision, and it generally leaves a person feeling rather defeated. In your home it can lead to clutter and disorganization. In your emotional life, it can leave you utterly depressed. Depression and disorganization often go hand in hand. An endless cycle.
I was searching for a way AROUND the problem. I really became an adult the day I decided to act. Being an adult is not always easy. You must be very brave. And the more you make difficult decisions, the braver you become. And that feels solid. And it spreads to all aspect of your life.
Therefore, I am writing about it first thing this year, for it seems to be an epidemic. It is not as inviting a topic as organizing the pantry, but it is the core of my work. The act of making decisions will bring Profound Change and happiness to your life.
Often times, there is no RIGHT ANSWER. Lay it out, use the facts and data at hand, and make your decision. Then, move forward with your beautiful life.
A few years ago, I was faced with a truly awful decision. A pain free solution was not there. In the past, I had always consulted friends, or asked my parents for assistance. But this time it was too big and was solely up to me.
From deciding to keep or sell family treasures, which surgeon to use, to seeking a divorce: gather all the data, lay it out in columns, and consciously go through the process. Take action. And no matter how it ends, be good to yourself. You will know you did your best. It is your life after all!
I sought help by contacting a licensed psychologist. We discussed the issue, and she taught me the process of how to make difficult decisions.
Used with permission.
22
Minnesota Communit y Living
Register Today! CAI-MN 2016 Vision Awards
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International Market Square 275 Market St., Minneapolis
2016
More details and registration at www.cai-mn.com/VA_2016
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YOUR COMMUNITY COUNTS. YOUR VOTE COUNTS. One-third of Americans who are eligible to vote have never registered. Even worse, of those who have registered and are eligible to vote, fewer than 58 percent did so in the last presidential election. More than 67 million people live in community associations; these individuals can play an important role in building their communities’ political power. When these Americans exercise their right to vote, they’re not only ensuring their voices are heard at the local, state and national levels, they also are helping to empower their individual communities.
If you or others in your community haven’t yet registered to vote, CAI has made it easy for you to do so now online at www.caionline. org/YourVoteCounts. Voter registration deadlines vary from state to state, so CAI encourages you to register today. It only takes a couple of minutes. Remember: If you don’t vote, you’re allowing others speak for you. Every vote counts—and together, we can have a powerful impact and protect the interests of America’s communities. Help increase our impact. Share this link with others and encourage them to register to vote: www.caionline.org/YourVoteCounts.
Reproduced with the permission of CAI © Copyright Community Associations Institute (CAI). All rights reserved.
July | August 2016
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Providing Legal Advice to Homeowners Associations Since 1975 We are passionate, driven and determined in practicing homeowners association law. •
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Annual Meeting Preview By Bryan Mowry, CAI-MN Chapter Executive Director
The Annual Meeting, which happens during the Visions Award, is a great opportunity to hear what's happening with CAI-Minnesota Chapter. Over the past year, the chapter has advanced our mission to provide the knowledge, education, networking and legislative leadership needed to run competent and prosperous community associations. Attendees will learn about all the services we provide to our members, including educational programs, social events, and our legislative efforts to protect and improve the living and business climate for the community association industry. Members will also have a chance to learn about the future of the organization and glimpse of the some of the exciting opportunities for the upcoming year. As the meeting is held in conjunction with the Vision Awards, it will provide you with an excellent opportunity to network with industry leaders. For more information about the Vision Awards and the Annual meeting please go to our website www.cai-mn.com.
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Call for MCL Articles
You Imagine It! We Cover It!
Thanks for reading this issue of Minnesota Community Living. The CAI-MN Editorial Committee of property managers, attorneys and business partners wants to make this publication the best it can be, and our goal is to give you something to read that’s useful, interesting and timely. Everyone in our line of work knows how valuable it is to network, forge relationships and build community. Dealing with the challenges of the job comes with tremendous disappointments and rewarding outcomes, sometimes in the same day. That’s why we invite you all to share your experiences. Share your resources. Look at the following list of story topics and see if you know someone who can contribute to the magazine. You don't need to be a professional writer — we can help you develop your idea into an informative and entertaining article.
Covering Minnesota & Beyond
Upcoming Topics: • Success Stories • Problems Solved • Achievements • Estate Planning • Year-End Financials • Evaluating Potential Vendors • Holidays • Decorations • Parties • Cleanup If you have an idea for an article in one of these areas, or you’d like to suggest a topic for us to cover, contact Bryan Mowry at bryanm@ cai-mn.com, or contact the CAI-MN office at (651) 203-7250.
The CAI-MN Annual Meeting will be held during the Vision Awards on September 22, 2016, at International Market Square.
Visit www.cai-mn.com/VA_2016 to register.
July | August 2016
29
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.
No questions were submitted this month, so I’ve compiled a sort of “best of ” column reflecting commonly asked questions or issues that frequently arise.
Q:
Is our association governed by the Minnesota Common Interest Ownership Act (MCIOA)?
A:
Although there are exceptions, the easiest way to break down the governed/not governed by MCIOA question is with these simple rules:
1. If the association was created on or after June 1, 1994, it is, by default, governed under MCIOA; 2. If the association is a condominium, and not a townhome or a single family association, it is, by default, governed by most provisions of MCIOA regardless of when it was created;1 3. If the association is a single family or a townhome association and it was created before June 1, 1994, it is NOT governed by MCIOA unless the association votes to amend its declaration and “opt-in” to MCIOA. Again, as with all rules, there are some specific exceptions. However, these three rules cover most associations in Minnesota. Here are some examples: • A condominium association that was created in 1978 is governed by the Act. (See Rule #2) 1 Only associations created under Minn. Stat. § 515 are not fully governed by MCIOA, but are subject to most of the substantive provisions 30
Minnesota Communit y Living
• A townhome association created in 2001 is governed by the Act. (See Rule #1) • A townhome association created in 1991 is not governed by the Act unless it has taken specific actions to amend its declaration for the purpose of opting-in to the Act. (See Rule #3)
Q:
If our association is not governed by MCIOA, are there provisions of it that we still must follow?
A:
Even if your association is not governed by MCIOA, there are indeed some provisions of the Act that would still apply. Minn. Stat. §515B.3-1102(3) states that even if an association is not governed by MCIOA, three sections must be adhered to.2 The three sections are: 1) §515B.1-116, subsections (a),(c),(d), and (e). This section, and the stated subsections, provide the process to record a declaration or bylaws, and any subsequent amendments, with the county. 2) §515B.4-107. This section pertains to the resale of a unit in an association, by a party other than a declarant. The seller must provide any potential buyer with a copy of the declaration, articles of incorporation, bylaws, rules and regulations (if any) as well as any amendments or supplemental declarations. If the association is part of a master association, the master association documents must also be provided. Finally, a Resale Disclosure Certificate must also be provided. The information that must be contained in and the layout of the Certificate is set forth in §515B.4-107(b). The Certificate provides details on the assessments, maintenance obligations, reserve balances, insurance coverage, etc. Although the Certificate is provided to the potential purchaser by the seller, it is the association that is required to complete and sign the Certificate. Within ten days of a request, the association must provide an owner with the completed Certificate. The association 2 As a general rule, this is true, but as with most rules there are exceptions. Minn. Stat. §515B.1-102(e) provides an exception for associations comprised of single family homes where there is no maintenance performed by the association on the dwellings. There are additional exceptions, but they deal with 2-unit associations, certain cooperatives, non-residential associations and access easement/drainage associations.
may charge a reasonable fee for providing the Certificate, as well as charge for other documents that are requested (declaration, bylaws, etc.). It is important that the association accurately complete the Certificate. §515B.4-107(e) states that the purchaser is not liable for any unpaid assessment that was not set forth in the Certificate. In addition, should the incorrect assessment amount be listed on the Certificate, the purchaser is not required to pay more than the listed amount for the remainder of the year in which the Certificate was issued. Once completed, the Certificate is given to the owner who then provides it to the potential purchaser. 3) §515B.4-108. This section does not directly apply to associations, but to the potential purchaser of a unit. This section ensures that a potential purchaser has a minimum of ten days to review the association documents and Certificate required to be provided to them under §515B.4-107. If the documents and Certificate are not provided until after the execution of the purchase agreement, the potential purchaser would be able to cancel the agreement within ten days of receiving the information. It is only these three provisions of MCIOA that apply to nonMCIOA associations. I have heard some non-MCIOA association members state that they believed they had to follow the reserve provisions. That is incorrect. While many find the MCIOA reserve provisions to be a great guideline, they are not required to be followed by non-MCIOA associations.
Q:
What do we have to do with the Secretary of State each year?
A:
Associations in Minnesota are nonprofit corporations. They are required to file an annual corporate renewal with the Secretary of State. There is no charge for filing the renewal and it is very simple to complete. The one page form can be submitted online via the Secretary of State (SOS) website or can be printed and mailed to the SOS. The renewal process ensures that the State has current contact information for the association. Failure to file the annual renewal will subject the association to being involuntarily dissolved. Should this happen, an association can retroactively reinstate its corporate existence by simply filing the annual renewal form. To check the status of your association’s standing with the State, please visit https://mblsportal.sos.state.mn.us/Business/Search and enter your association name. If your association is not found by this initial search, change the “Filing Status” option to “inactive” and re-run your search. If your association is inactive, the website has a link to the form that should be completed and returned as soon as possible. (continued on page 34) July | August 2016
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Incoming President (continued from page 7)
Going Viral (continued from page 16)
the upcoming year a successful one for the chapter. This year we (the board and the committee members) have been working on revamping a few events for the coming year, positive changes to pique your interest and hopefully increased involvement. We are hoping to add some educational sessions for our business partner members. I know that the CAVL Committee is working hard to get educational sessions back on the calendar for our Community Association Volunteers and Leaders and homeowners living in community associations. The CAVL Committee is also looking for volunteer members, if you are interested please reach out to anyone on the board. Our chapter has quite a few committees; Charitable Outreach, CAVL, Editorial, Education, Golf, LAC, Membership, Social, Trade Show, and Vision Awards. There are many ways to get involved.
(and updated in 2010) by management consultants Roger Connors and Tom Smith in their book The Oz Principle, which remains an invaluable resource on accountability.
There is a lot going on, new and fresh ideas…it’s very exciting. But…I can’t do this alone, the board as a group can’t do this alone, and volunteers can’t do this alone. We all have to do our part; share Accessible. Reliable. Accountable. a positive experience with someone considering joining CAI, join a Hands-on Management. committee, volunteer at an event, share the benefits you have received as a CAI member with community association board member or Whether your community is large or small, we provide homeowner, if you’re a manager bring a board member or two to an comprehensive management services by evaluating your event/education session. I came across this quote, it’s so simple and community’s wants, needs and goals.work hard” (by William spot-on…”There’s only one growth strategy: Hague). I will work hard, it’s going to beofa great year. cost-effective We understand the importance efficient
Demonstrating personal accountability means you refrain from: saying “It’s not my responsibility;” finger pointing; and “covering your tail.” Thinking and acting above-the-line means you: • “See It.” You acknowledge you’re accountable to See It by proactively asking for the perspective and feedback of others, by being open and honest, and by seeing the situation as it actually is. • “Own It.” You Own It by being personally invested, acknowledging your involvement, and owning both your personal and your team’s objectives. • “Solve It”. You make yourself accountable to Solve It by constantly asking yourself what else you can do to achieve the desired results, or change the undesired ones, and by creatively dealing with obstacles. • “Do It.” You behave in a way that proves your accountability to Do It by reporting proactively, relentlessly following up, doing what you say you’ll do, and measuring your own progress.
Community Association Management
Not only will personal responsibility and accountability help practices that result in the cohesive operations of the community. Our hands-on management is responsive to the requests ofresolve the conflict situations, if you model such behavior to your team and your residents by thinking and acting above-the-line at all Board of Directors and Homeowners while preserving the times, you’ll put them on the path to effectively resolving conflict property and lifestyle of the community. among themselves. v Annual reports – Audits, Review, Compilations For over four decades, Gaughan Companies has been trusted planning Tax Return preparation Conflict is not inherently negative. It doesn’t have to be a disease. forv ourTax integrity and and perspective. Our Management Teams treat v Monthly Accounting It’s an your Association as if we owned it. Each member of our team willinevitable and normal aspect of human interaction when communication falters. If you deal proactively with the symptoms v Consulting always be accessible, reliable and accountable to you, the of conflict, use active listening, and take personal responsibility, homeowner. www.saralassila.com you’ll be back on track. In fact, fun learning and developmental training experiences are the keys to building teams of skillful 952.474.1631 sara@saralassila.com property managers and to creating high-functioning community Making the Difference: association boards that work together to deliver optimal solutions.
Gaughan Companies is small enough to tailor their services Ask the Attorney (continued from page 31) to meet the needs of the Associations they manage, and large enough to make sure all areas of Associations’ needs If you have any topics you want covered in future issues, please let are handled promptly and professionally. me know! ~ Susan Sabrowsky Ashbourne Townhomes 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.
Community Association Management Accessible. Reliable. Accountable. Hands-on Management.
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