Minnesota’s premier homeowners association magazine
November/December 2012
Volume 30 • Issue 6
In this Issue: Let’s Stay Prepared! Self-Managed Associations: From Piles of Paper to Polished and Professional And Much More!
Are You Covered? Coordinating Your HO-6 Insurance
Visit us online at www.cai-mn.com.
2
Minnesota Communit y Living
Board of Directors
From the President
By Traci Lehman | CAI-MN President
With Thanksgiving coming up, I thought I’d write about what the meaning of Thanksgiving means to me. It’s not about Pilgrims and turkey dinners. For me the true meaning of Thanksgiving is gratefulness. Think about what you have in your life right now. Think of the friends you have, your significant other, your children, the house you’re living in, the car you’re driving, or maybe your college diploma or even the laptop or computer you’re using… remember when one or more of these things were goals or desires that you had?
Sometimes we get so wrapped up in our next dream or goal that we forget how much we used to want what we now have. We’ve all heard the saying about not knowing how much something means to us until it’s gone. Don’t wait; be happy with what you have while you’ve still got it. This year I am grateful for my health, my family and friends, food on the table, the roof over my head and lastly, as crazy as it is sometimes, I am grateful that I fell into the association management industry 12 years ago. Have a safe and very Happy Thanksgiving!
Show
TRADE
February 15, 2013 Saint Paul RiverCentre Sponsor and Exhibitor opportunities
Vice President Michael Klemm, Esq. Phone 952.953.8832 klemmm@seversonsheldon.com Treasurer Halo Stafford, CMCA, AMS, PCAM Phone 952. 277.2785 hstafford@gittleman.com Secretary Nancy Polomis, Esq. Phone 952. 941.4005 npolomis@hjlawfirm.com Directors Tom Engblom, AMS, ARM, CMCA, CPM, PCAM Phone 866.800.4656 tengblom@cabanc.com Steve Hoogenakker Phone 763.213.2410 steve@landscape.pro
SAVE THE DATE! cai-mn
President Traci Lehman, CMCA, AMS, PCAM Phone 612.381.8600 tracil@citiesmanagement.com
Reserve Consultants, Inc. Association Property Services Specializing in RESERVE PLANS that are • Easy to Understand • Practical (Around 12 to 13 Pages) • Color Photos Included • Fee will be the Least Expensive Quoted John Russo has more than 20 Years Experience in Reserve Planning; Is the only Ph.D. Reserve Analyst in the Midwest.
are now available online!
Rich Klobuchar, CFP ® Phone 763.551.9827 rklobuchar@usinternet.com Russ Lis, CMCA, AMS Phone 763.225.6452 rlis@developcommunity.com Jim Rezek Phone 763-424-9984 jimrezek@comcast.net Michelle Stephans, RS Phone 763.754.5500 michelle@reserveadvisors.com Gene Sullivan Phone 952.922.2500 gene@ncmgi.com
952-944-7137 (Office) 952-935-9647 (Fax)
Committee Chairs Legislative Action Chair Gene Sullivan Phone 952.922.2500 gene@ncmgi.com
Vision Awards Chair Jane Bristow, CMCA, AMS Phone 952.277.2722 jbristow@gittleman.com
Golf Tournament Chairs Paul Brownlee Phone 414.918.4494 paul@reserveadvisors.com
Tradeshow Committee Chair Jon Edin Phone 651.222.2155 jedin@mncondodefects.com
Communications Chair Joel Starks, CMCA Phone 952.224.4480 joel@sharpermanagement.com
Education Committee Chair Kirk Gassen Phone 952.253.4911 kgassen@gassen.com
Tom Engblom Phone 866.800.4656 tengblom@cabanc.com
Membership Chair Lisa Astleford, CMCA, AMS Phone 952.277.2787 lastleford@gittleman.com
CAVL Chair JoAnn Borden, CMCA, AMS, PCAM Phone 763.746.1196 November jborden@developcommunity.com
| December 2012
3
Coordinating Your HO-6 Insurance By RJF, A Marsh & McLennan Agency LLC Company
E
very homeowner of a townhome, condominium or cooperative should have their own homeowner’s insurance policy. The common policy form is an HO-6 Policy. Before determining the exact level of coverage needed on this HO-6 policy, you must know what type of coverage the association is required to carry as required by the association’s Governing Documents. Is it All In, Original Specifications or some level of Bare Walls coverage, and does the association’s policy follow the governing document requirements? Generally, the Declaration contains specific insurance requirements, but other sections, including the Articles of Incorporation, Bylaws and Rules and Regulations may have insurance requirements that supplement the Declaration. An HO-6 Policy provides coverage for permanently attached items on the inside of your home that you may be responsible to insure such as cabinets, floor coverings and light fixtures, to name a few. These items may be called Coverage A, Real Property or Dwelling, depending on the carrier. The policy will also provide coverage for your Personal Property (furniture, clothing, personal items, etc.), Loss of Use or Additional Living Expense and Personal Liability including Medical Payments to Others. Loss of Use or Additional Living Expense provides for the reasonable costs to live elsewhere after a covered loss. An example would be if your unit was damaged by fire and you had to find other living arrangements while repairs were being made. Personal Liability will pay sums you are legally obligated to pay as a result of damages arising out of bodily injury or property damage. Medical Payments to Others provides coverage to others who are injured while in your unit. Another important coverage part of the HO-6 policy is Loss Assessment. The insurance company will pay up to the limit on your policy for your share of a loss assessment charged by the association against you as an owner. This can occur when the
4
Minnesota Communit y Living
association carries a high deductible or has inadequate or no coverage in a particular area and all homeowners are assessed for the shortfall. Some policies provide only a minimum of $1,000 of Loss Assessment coverage. Check with your HO-6 carrier for increased limit options. In coordinating your HO-6 policy with your Association’s Master Policy, the two most important coverages are Coverage A and Loss Assessment. Your Coverage A limit should always be at least equal to the master policy deductible as you will be responsible for damage to your unit that falls under the master policy’s deductible or that may not be covered under the master policy. Once you determine the extent of coverage on the master policy; All In, Original Specifications or Bare Walls, you can determine what items and limits you need on your HO-6 Policy. Generally, Bare Walls coverage is limited to the unfinished surfaces of the perimeter walls, ceilings and floors of a unit. This means that the association policy may only be responsible for the sheetrock and possibly one coat of white paint. Carpeting, millwork, light fixtures, wall coverings and cabinets would all be the responsibility of the unit owner to insure. In this scenario, the homeowner must determine the replacement cost value of these items and insure them under Coverage A. Original Specifications coverage requires the insurer to return the unit to its original condition using materials of like kind and quality. Any improvements, betterments, additions or alterations made by any unit owner would not be covered unless they were upgrades done at the time the unit was originally constructed. If you or a previous unit owner have made changes to the home, such as, upgrading cabinets or flooring, or finishing off a lower level, additional Coverage A will be needed.
All In coverage is the most comprehensive. This would include all original installations, plus all improvements, betterments, additions and alterations made to the unit, regardless of when installed. It is important to understand your Association’s Governing Documents to find out what you as a homeowner are responsible to insure and then make sure your HO-6 policy fills in the gaps. If you rent your townhome or condominium unit to others, Coverage A and Loss Assessment coverage can be purchased through a Dwelling Fire policy or as an endorsement to your primary homeowner’s policy. Always consult with your personal agent and the association’s agent to determine what is right for your situation.
Calendar
Index
2012 November
Managers Seminar: Insurance – What’s Ahead In 2013?
November 13, 2012, 11:30 am - 1:30 pm Ewald Conference Center $35 for members (early); $45 for members (regular); $55 for nonmembers
features
3 President’s Message
4 Coordinating Your HO-6 Insurance
By RJF
Piles of Paper to Polished and Professional
2012 Annual Partners
By Gene Sullivan
14 Preventing Ice Dams
Register online at www.cai-mn.com For more information regarding an event, call the office at 651.203.7250 or visit the CAI-MN website. Online registration is available at www.cai-mn.com.
twitter.com/CAIMN
By Peter King
17 Successful Homeowner Association Non-Executive Regular Board Meetings
By Nigel H. Mendez
By Mike Egelston
10 Let’s Stay Prepared!
By Traci Lehman
6 Ask the Attorney
9 Self-Managed Associations: From
CAVL Seminar: Insurance – Policies and Claims
November 14, 2012, 5:45 pm - 7:45 pm AAA Minneapolis $15 for members (early); $25 for members (regular); $30 for nonmembers (early); $40 for nonmembers (regular)
series
By Rich Klobuchar
facebook.com/CAIMinnesota
Find articles from this issue and archived articles online at cai-mn.com in the Minnesota Community Living Resource Library. Published by Community Associations Institute — Minnesota Chapter, copyright 2012. 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, orVits authors. Articles, letters toM the editor, and advertising may be sent to Chapter Staff Editor Jane Duntley at janeyd@cai-mn.com, or at CAI– EC TORBUTT O NS . CO Minnesota Chapter, 1000 Westgate Dr., Suite 252, St. Paul, MN 55114.
Platinum Benson, Kerrane, Storz & Nelson Gassen Companies Gittleman Management Hellmuth & Johnson Sela Roofing & Remodeling Xtreme Exteriors Gold Complete Building Solutions, LLC Silver All Ways Drains Carlson & Associates Community Advantage Mutual of Omaha Bank - Community Association Banking & CondoCerts Hammargren & Meyer PA Jeffrey Mayhew Agency, Inc. Levin & Edin Omega Management Sharper Management Thomsen & Nybeck Tru Seal America, LLC Bronze American Building Contractors Construct-All Corporation Michael P. Mullen, CPA, PLLC Schoenfelder Painting SERVPRO of Brooklyn Park/Champlin
[ ADS Index ] of Advertisers VEC TO R B U TTO N S.C O M
All Ways Drains................................................ 16 American Family Insurance – Jeff Mayhew.... 11 APMC – Association Property Management Company........................................................ 4 Benson, Kerrane, Storz & Nelson, P.C. .......... 15 Carlson & Associates, Ltd .............................. 13 Columbus Exteriors, Inc.................................... 2 Community Advantage................................... 13 Complete Building Solutions ........................ 18 Construct-All Corporation ............................. 13 Felhaber Larson Fenlon & Vogt...................... 13
Gassen Companies.......................................... 12 Giertsen Company of MN............................... 16 Gittleman Management.................................... 7 Hammargren & Meyer, P.A. ............................ 10 Hellmuth & Johnson, PLLC....................... 11, 16 Levin & Edin..................................................... 10 LS West, LLC.................................................... 16 Mutual of Omaha Bank – Community Association Banking & CondoCerts........... 11 Omega Management, Inc............................... 17 Popular Community Bank............................... 14
Reserve Advisors.............................................. 14 Reserve Consultants, Inc. ................................. 3 Russo Consulting, Inc. .................................... 18 Sela Roofing ...................................................... 8 Sharper Management .................................... 14 Strobel & Hanson ........................................... 14 Thomsen & Nybeck......................................... 16 TruSeal America ........................................ 10, 20 Xtreme Exteriors.............................................. 19
November | December 2012
5
Ask the Attorney by
T
his column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues they have encountered with respect to their associations. Can My Association Ban Political Signs and Holiday Decorations? I am frequently asked questions regarding whether something can be banned in an association. The questions usually come from boards that want to stop a practice they see getting out of hand, or from homeowners who have received a letter from their association reminding them that a certain activity is prohibited. The short answer to these questions is almost always: Yes, the association can prohibit that action. And the reasoning is often the same – the homeowner either agreed to that prohibition when they purchased the unit, or agreed to allow the association to enact rules that prohibit such activity in the future. Restrictions on the use of a property are most commonly found in the Declaration or Rules and Regulations. Both of these documents can be amended to add or remove restrictions. In the fall, I am most often asked “can my association ban political signs?” Again, the simple answer is “Yes, they can ban any sign.” Homeowners attempt to argue that “free speech” overrules any association rule. They will also point to various local, state or federal laws that specifically allow posting of political signs at various times of the year. What these homeowners misunderstand is that the First Amendment simply states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 6
Minnesota Communit y Living
The First Amendment restricts the government from impeding on one's ability to freely express themself. It does not apply to an association that the individual chose to join and abide by the rules. Likewise, any state law or local ordinance that expressly provides for the ability to post a sign does not apply to an association. There was an attempt in the 2011-2012 legislative session to enact a law that would make restrictions on displaying political signs void and unenforceable. The bill was unsuccessful. Restrictions on signs are not limited to political signs. Many associations prohibit “for sale,” “for lease,” “for rent,” or “open house” signs. The restrictions can be either a complete ban or a limit on the size, location or duration of the sign. Restrictions that can be put into place include: no posting of signs in yards; no posting of signs on decks or balconies; no posting of signs in windows; or no posting of signs in a manner that makes them visible from the outside. Once the political season has ended, the focus turns to the holiday lights and decorations debate. In associations, the issues extend beyond the colored lights versus white lights and flashing versus non-flashing debates that many households have. Many homeowners feel they should be allowed to decorate their porches, entryways or trees with holiday lights or ornaments. Again, like signs, associations have the ability to control such displays. While some individuals might feel that a motorized Rudolph, complete with light-up nose, is a requirement for a happy holiday, others might believe that simple white lights are all that is needed. Associations have the ability to decide what is acceptable for a public display, and what is better left behind closed curtains. In summary, when a homeowner purchases a unit that is part of an association, he/she agrees to abide by the governing documents. In essence, they are giving up their right to say “this is my house and I will do as I please” and instead are saying “this is my house and I will do as I please, provided that it is not in conflict with the governing documents.”
Nigel H. Mendez, Esq., Carlson & Associates, Ltd.
Do We Have to Have a CPA Review Our Association Records Every Year? Associations that are governed by the Minnesota Common Interest Ownership Act (MCIOA) are required to conduct a review of the financial statements at the end of every fiscal year. Minn. Stat. §515B.3121 requires that all associations hire an independent licensed CPA to review the association’s financial statements. This is the minimum requirement, and additional requirements may be included in the association’s Declaration. The Statute requires a review of the association records, not an audit. An audit is much deeper and costly than a review. While both processes will give the association assurances that the financial statements are correct, an audit will delve deeper into every transaction to assure no irregularities exist. For most associations, a review is sufficient. This requirement may be waived by an affirmative vote of at least 30 percent of the votes in the association. The votes can be obtained via a mail vote or at a meeting. It is important to note that the 30 percent threshold is not 30 percent of those who came to the meeting or responded to the mailed ballot. The affirmative vote must equal or exceed 30 percent of all the votes in the association. This vote must be taken within 60 days of the end of the fiscal year. However, even if the members of the association vote to waive the requirement to perform the review, the board still retains the power to cause a review or audit to be made. While many associations have their records reviewed annually, some opt for a review every other year, or even once every three years. It should be noted that if your association wants to review the records only once every three years, a vote must be taken every year to postpone the review – you can not vote in 2012 to wait until 2014.
Ask the Attorney continued on page 11
November | December 2012
7
8
Minnesota Communit y Living
Self-Managed Associations: From Piles of Paper to Polished and Professional By Mike Egelston, CEO, Cities Management
T
here’s a new trend in self-managed associations — it’s all about professionalizing operations on a budget. The economic downturn has left several associations unable to afford a full-service, professional management company. At the same time, their volunteer boards often lack the expertise to do the job entirely themselves. One solution to this dilemma that is gaining traction is the use of “do-it-yourself ” online management systems. This article takes a look at Stratford Crossing, a 144-singlefamily common interest community in Brooklyn Park, Minn., that’s on the cutting edge of this trend. Stratford Crossing decided to conduct its association business online to operate more efficiently, while at the same time improving communication and building a stronger sense of community. Goodbye Banker’s Boxes Nearly 10 years ago, Stratford Crossing started taking steps that were way ahead of the time for a self-managed association: Volunteers ditched their piles of paperwork and bankers boxes full of documents that were passed from one board of directors to another for an entirely computer-based, online management system. “In the past, written documents were passed down from board to board, and some things were only passed down by word of mouth,” explains Greg Wallack, president of the Stratford Crossing association board. “It was tough to find things from past years. Now, we have everything documented in one location, so it’s relatively easy to go back and see past meeting minutes, governing documents — it’s all stored electronically on the computer.” Fewer Hassles for Board + More Transparency = Happier Homeowners Wallack noted that implementing the online management system has resulted in fewer calls to board members with basic questions. “Most homeowners are very happy with the
system,” he noted. “They can see many of the same documents as board members, and if they have questions or need a form, they look it up online.” Providing all the homeowners with access to the same online system the board uses has also resulted in a stronger sense of community among Stratford Crossing homeowners. “We use the broadcast e-mail function to communicate to homeowners about social activities and events like our annual 4th of July picnic, National Night Out celebration and yearly holiday light contest,” continued Wallack. A Relationship Blossoms into a Business Opportunity Stratford Crossing began using its computer-based, online management system as a result of a long-standing relationship with its professional management company. “I knew the monthly management fees were not sustainable for Stratford Crossing’s limited budget,” explained the management company’s president. “Rather than leave them to fend for themselves, we started working to make our software accessible for them in a low-cost, online format. Eventually, our trials with Stratford Crossings led to our perfecting the software to the point where we are now able to offer it to other self-managed associations too.” Keeping Control Over Architectural Control Nestled against the picturesque Edinburgh Golf Course, Stratford Crossing is a meticulously maintained and manicured community. While they are self-managed in nearly every aspect, they rely on the professionals with management company to help keep the homeowners in compliance with their community’s rules and regulations. “Architectural control — keeping the property well-maintained as people move in and out — is the biggest issue we face at Stratford Crossing,” said Wallack. “Having our community’s rules easily accessible on the website ensures homeowners know what’s
expected. Still, it’s still helpful to have a third party remind homeowners about lawn care and other regulations. ” Their property manager agrees. “Because Stratford Crossing does most of the property management work themselves, I’m able to focus just on the services they need. I go through the association twice a month to check for any violations.” Ask the Expert – Online Management Tools Make the Difference Attorneys, accountants, bankers, and other experts who regularly do business with community associations also see value in online management systems. We spoke with a local attorney who advises more than 300 common interest communities and has more than 20 years of experience in advising association boards, who says he sees the online approach as useful for self-managed associations that can’t afford professional management. “I see more and more associations in dire financial straits due to the economic downturn,” he noted. “One of the first things they think to do is to get rid of their management company. Often, the volunteer board just isn’t equipped with the experience necessary to run the association properly. This leads to all sorts of pitfalls — lack of accurate record-keeping, not tracking violations — that ultimately can be more costly for the association in the end.” The attorney also remarked, “This kind of tool really is the best way to for self-managed associations, especially those that are struggling and can’t afford professional management, to proceed. It helps them conduct their affairs in a more efficient, professional manner.” Trend Alert: A Customized Approach to Self-Management By using an online management tool, Stratford Crossings has been able to maintain its Piles of Paper continued on page 11 November | December 2012
9
Let’s Stay Prepared! By Gene Sullivan, New Concepts Management
W
hen asked about the legislative process this last year, state representative Joe Atkins reflected and said, “We probably see somewhere in the neighborhood of 4,000+ drafts for bills each legislative session, and only about 100 make it to the floor for a vote.” When asked further about the process a legislator goes through in prioritizing each bill, Mr. Atkins went on to say that a legislator cannot possibly know, nor take the time to know, the information needed in order to make a decision on every issue that comes his or her way. That is why the legislature holds committee hearings, because “that is the key process where we hope to get the critical information and feedback needed, in order to make the best decisions for those we represent.” But unless you have the time to stay staked out at our state capitol during session, how can you hope to monitor each and every proposed bill that may affect you? If this last biennium session taught us anything, it was to show us how quickly an idea can catch momentum that could drastically impact us as an industry. We were fortunate enough this last time to catch an issue that had not been thought through very well, and because of our presence at the last minute, we were able to convince some thoughtful legislators that this “flag pole” bill (as it came to be known) was not ready to be looked at more seriously; therefore, we saw the bill not voted on, but buried in committee.
We must remember that the legislative process isn’t one where we can say, “that bill didn’t pass, we don’t have to worry about that one ever coming back again!” The legislative process continues on, and the bill that didn’t pass last year may be brought up again, this time written a little differently, and perhaps with it, a few more allies who are sympathetic to its cause. Because of this, we can see one of the most important reasons for our organization to exist. That is why this last year, we saw the need to hire a lobbyist for help in monitoring, and to be effective when getting our message out, on major legislation that could impact us in a very real way. If we do not take ownership of what is our right and duty as citizens to be a part of the legislative process, we will have no one to blame but ourselves when something onerous now affects our lives. The good news is that because of the size and strength of an organization such as ours, the effort needed to stay vigilant and in the “know” does not have to be a big burden on a few, but instead, can be a task easily maintained by the many. Similar to last year, we would like to ask every homeowner association and business partner in CAI to consider making it a regular part of their annual budgeting process to set aside $50 to be designated for the purpose of maintaining the cost of a lobbyist to look after our interests at the state capitol, and to help us organize when our perspec-
Concrete – Asphalt – Seal Coating Peter Tjornhom Phone: 952-994-9029 www.trusealamerica.com
10
Minnesota Communit y Living
tive is needed on those major legislative issues, such as the “flag pole” bill. $50 is not a huge amount in contrast to the annual budgets of even a small association or business, let alone a larger one, but your commitment could have a very real and major impact on our industry and lives. Please make those checks payable to: CAI-MN 1000 Westgate Drive, Suite 252 St. Paul, MN 55114 In the memo line please print "lobbyist." Thank You!
SMART & DECISIVE The Best Value in Construction Law for Community Associations
That’s what our clients tell us. At Hammargren & Meyer, we’re smart, decisive lawyers focused exclusively in the areas of law that we know best. For prompt responses and straightforward answers, call Hammargren & Meyer. (952) 844-9033 www.hammarlaw.com
Ask the Attorney continued from page 6
Piles of Paper continued from page 9
Associations that are not governed by MCIOA should review their governing documents to determine any financial statement review or audit requirements.
autonomy while saving money and professionalizing operations. They do most of the property management functions themselves, with professional software guiding their process, and rely on a professional management company only for the services they really need.
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.
It’s a win-win scenario. It’s self-management, but at a highly professional level. It’s the support of a professional management company, with services tailored to the individual association’s unique needs. This kind of customized, streamlined approach to self-management could just be a “silver bullet” for smaller self-managed associations that are facing increasing pressure from homeowners to reduce costs, increase transparency and provide the ease and convenience of online interactions.
November | December 2012
11
12
Minnesota Communit y Living
CONSTRUCT-ALL CORPORATION
24
MEMBER
Hour Service
ASSOCIATION INSURANCE REPAIR ´ Fire ´ Smoke ´ Wind ALL
´ Water ´ Vandalism ´ Emergency Services
INSURANCE
CLAIMS WELCOME
WE WORK WITH ALL INSURANCE COMPANIES www.construct-allcorp.com
763-427-5900 Bonded Licensed
Insured
November | December 2012
13
Preventing Ice Dams by
W
inter is fast approaching and with it the prospect of roof damage due to ice buildup and snow. For many owners, managers and associations, this turns into a big headache. While thousands of dollars of insurance claims make it through the system each season due to structural and water damage caused by ice buildup around eaves, overhangs, gutters and underneath asphalt shingles, there is an opportunity to avoid much of this seasonal headache: Be proactive and take steps to prevent it before it happens. Let’s first talk about what an ice dam is: Anyone who lives in regions that experience snowy weather during the cold winter months may know all too well what ice dams are. Ice dams are thick layers of ice that form on the eaves of houses. These ice formations are known to cause expensive structural damages such as water leakage, which can lead to water stains on your ceiling, a buildup of mold, plaster damage, paint damage, and drywall damage. Additionally, ice dams can also loosen roof shingles, which means out-of-pocket ex-
14
Minnesota Communit y Living
penses needed to replace shingles and repair the roof and other structural damages your home incurs. What causes an ice dam? Heavy snowfall creates an accumulation of snow on the eaves of a slanted roof. If the attic and roof of your home lack proper insulation, warm air seeps out and melts the snow, which in turn creates melt water. The melted water runs down the length of the roof, eventually creating ice dams on the eaves and guttering of the house. The eaves and guttering of homes typically lack insulation and warming techniques, allowing ice to build on these colder areas. These ice dams prevent snow from melting off a roof sufficiently enough. Insufficient snow melt is what eventually causes water damage to the home. The ice dam acts as a barrier so the snow that accumulates on the roof of a home will eventually cause roof and other structural damage. These ice dams can worsen over time if left untreated. Continued melt off from new snow falls can actually add to the ice dams, making them larger and more troublesome. Thankfully, you can hire trained profes-
Peter King, Columbus Exteriors, Inc.
sionals to remove ice dams for you. These trained professionals have specialized steam equipment so they can quickly, easily, and safely remove these ice formations, allowing the proper flow of melt water from your roof. How to prevent ice dams? Clearly, adequate insulation and proper ventilation are key in preventing ice dams from forming in the first place. As long as we can find a way to keep the warm air inside the house, and stop it from leaking into the attic, we can stop the ice dams from happening. There are many ways to remove the ice build-up if it has already occurred. You can have a qualified company come and shovel or steam the ice off. You should never handle these yourself as it can be very dangerous. Installing a roof ice melt system (by a qualified installer) will prevent future ice dams from happening. So take the time now and call a qualified contractor to either do the repairs needed or install a roof ice melt system before the snow is upon us.
November | December 2012
15
16
Minnesota Communit y Living
Successful Homeowner Association Non-Executive Regular Board Meetings By Rich Klobuchar, CFP®
P
urposes of Open Board Meetings
• •
Managing to make a
difference 30 years of association management experience Reserve Plans are included in our management program Proactive management, including weekly property visits Smart, expert, professional advice
Omega Management, Inc.
763.449.9100
www.omega-mgt.com
• • • •
• Allow board members to discuss issues and make decisions through motions and votes—only board members can vote. Comply with MN law—“board meetings must be open to unit owners” (owners, as observers, can choose to attend or not attend). Fulfill requirements of the By-Laws— e.g. have one annual board meeting to follow the annual meeting and a minimum of four additional board meetings within a year. Give owners confidence that board decisions are transparent, in the best interest of the Association, and are shared with owners. Distinguish board meetings from other meetings—annual, ad hoc, special, unit owners, executive and committee meetings. Inspire and prepare future board members and community leaders. Provide stability and continuity for the Association when board members leave the board and new board members are elected.
Notice of Board Meeting to Owners— three to four weeks before the meeting, owners should be sent a notice of the board meeting stating that all owners are welcome to attend the board meeting—the notice should also include a preliminary agenda. Reminder Notice of Board Meetings to Board Members—about a week before the meeting, a packet of materials should be sent to board members including a current agenda (also, minutes and financials from the prior month) to be read by board members before the meeting. Board members should let the President and Secretary know their attendance plans at least several days before the meeting.
Timing of Board Meetings—having monthly meetings on a set day of the month at a fixed time has worked well (e.g. Third Thursday of the month at 6:30 p.m.) Board Meeting Location—a static public place rather than a home, that is quiet and that can accommodate observing owners and guests. Open Forum Before Board Meeting Begins 6:30 p.m. 1. Board members listen to owners express their thoughts, with a time limit per speaker of 2 to 3 minutes (overall time limit of 15 minutes) The Secretary or Vice President should keep track of the time and let the President know when the speaker’s time limit is reached. 2. Rather than board members responding to the speaker at this time, the Secretary, with the aid of a laptop computer, takes notes regarding who spoke and what their concerns are for later follow up. 3. After the meeting ends, the Secretary can make copies of written material the speakers may provide and give the material to board members. Preliminary Quorum Check—the President determines if a majority of board members are present so the meeting can begin, including those on speaker phone. Proxies are not allowed. If there is a quorum, proceed to Board Meeting. If not— wait, call member, or reschedule. Board Meeting 6:45 p.m. 1. President states there is a quorum and calls the board meeting to order—only board members are permitted to speak. 2. Secretary takes minutes indicating the start time and which board members are present and not present. 3. Agreement on agenda with approximate time limits—although most agenda items should be sent to the President and Secretary well before the Board Meetings continued on page 18 November | December 2012
17
Board Meetings continued from page 17
13. Adjournment—motion with a second to adjourn; vote. The secretary should specify the time the meeting ended— 7:30 p.m.
Helpful Tips for a Good Meeting • Be respectful in tone and manner to all—use at least some form of Robert’s Rules of Order when appropriate. • Use several microphones so everyone can hear—permit only one person at a time to speak—no side conversations. • Stick to the issues—no personal attacks or questioning another’s motives. • Indicate in the minutes what was done and not what was said. • Within a week after the board meeting, the secretary can send out unapproved draft notes of the board meeting to board members for their editing suggestions. The actual minutes need to be approved by the board at the next board meeting.
Contact John Russo, Ph.D. 952-944-7137
Member
• Consulting Services • Specifications, Bidding, Contracts, Inspections of All Exterior Replacement Items including Asphalt, Concrete, Siding, Roofing, Windows, Doors • Litigation Support • Insurance Claims and Appraisal Support • Problem Solving and Investigations CALL THE PROFESSIONALS ASSOCIATION SERVICES
C
bS
board meeting, some changes, additions and/or deletions can be directed to the President. A motion and second to accept agenda as amended are made. Following discussion, a vote is taken. 4. Secretary makes a motion with a second to approve prior board meeting minutes. Following discussion, a vote is taken. 5. Treasurer makes a motion with a second to accept financial statements from prior month. Following discussion, a vote is taken. 6. Management Report 7. Committee reports—e.g., building and grounds committee. 8. Unfinished business—carryover items from prior board meetings including last board meeting’s action items. 9. New business issues. 10. Secretary summarizes new action item list—who, what and by what date — 7:20 p.m. 11. Announcements—here and/or after adjournment. 12. Next Board Meeting to be held—day, date, time, and location.
763.544.3355
18
Minnesota Communit y Living
763.544.3366
November | December 2012
19