in this issue: 2015 great hoa presidents award!...2015/05/04  · may 2015 homeowner association...

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May 2015 HOMEOWNER ASSOCIATION NEWSLETTER Page 1: Announcement of 2015 GREAT PRESIDENT AWARD We are pleased to announce the names of 9 great HOA Presidents, and provide you with a list of the qualities that make them worthy of this honor. Congratulations! Page 2: Judicial Foreclosure Kelly Richardson, Esq. of Richardson Harman Ober addresses the Judicial Foreclosure option for HOA collection matters and why he believes it is better than the Non-judicial method. Page 3: Non-Judicial Foreclosure Sandra L. Gottlieb, Esq. of Swedelson Gottlieb addresses why the Non-Judicial approach to collection is best for Common Interest Developments. Page 4: The Role of Treasurer As a part of the continuing series on the board positions, David Brock, discuss the role of the Treasurer. Page 6: Earthquake Insurance Elliot Katzovitz explains why this is the time for associations to consider purchasing Earthquake insurance. Page 7: Effective and Successful Board Meetings Successful and well run meetings are essential for any association. Find out how to have more effective meetings. Page 8: Community Building Summer is the time to have a community event. Find out why this is important and necessary. Many HOA board members serve their community by agreeing to serve on the Board and attend meetings and work to resolve the issues affecting their association whether it is a maintenance issue, or a collection issue, or some other challenge. We appreciate the hard work of every board member, and this year we wanted to begin an annual tradition of acknowledging just a few Board Presidents who have been nominated as a great leader in their community. It is always possible that we have missed someone, and for that we apologize in advance. We will repeat this each year in the Spring. For 2015, we have selected nine Presidents to be recognized, and we applaud you and honor you for your excellent example as a Board President. They are as follows in no particular order: • Sajan Kashyap, Brent Park Townhomes • Richard Schwabe, Cedar Ridge • Strefan Fauble, The Maryland HOA • Judy Kent, Del Mar Townhomes • Queenie Taylor, Hawaiian Gardens • Mae Chauvin, Park Shadows • A.R. Little, Canyon Park Townhomes • Kay Russell, Park Place Villas • Kim Michalski , Orange Grove Gardens HOA Congratulations to all of you. The Qualities of GREAT PRESIDENTS which were identified in determining the 2015 honorees are: • Always has the best interest of the Association at hand and doesn’t have their own agenda. • Interacts well with others and defuses arguments rapidly between homeowners. • Knows the homeowners in the community. • Follows the law. •Takes steps to improve the value of the property. • Is organized and thorough. •Makes sure that all board members know and perform their roles while not interfering with their position. Delegates well. • Fosters mutual respect on the Board. • Communicates with manager who feels like part of team and doesn’t micromanage. • Participates in educational classes • Proactive • Observant • Professional • Leads and holds regular meetings that are run smoothly Business-like decisions are made; guides the board in making well-reasoned decisions and only at meetings. • Asks questions of manager and other professionals and relies on outside professional expertise. IN THIS ISSUE: 2015 GREAT HOA PRESIDENTS AWARD!

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Page 1: IN THIS ISSUE: 2015 GREAT HOA PRESIDENTS AWARD!...2015/05/04  · May 2015 HOMEOWNER ASSOCIATION NEWSLETTER Page 1: Announcement of 2015 GREAT PRESIDENT AWARD We are pleased to announce

May 2015

HOMEOWNER ASSOCIATION NEWSLETTER

Page 1: Announcement of 2015GREAT PRESIDENT AWARDWe are pleased to announce thenames of 9 great HOA Presidents,and provide you with a listof the qualities that make themworthy of this honor.Congratulations!

Page 2: Judicial Foreclosure Kelly Richardson, Esq. ofRichardson Harman Oberaddresses the Judicial Foreclosureoption for HOA collection mattersand why he believes it is betterthan the Non-judicial method.

Page 3: Non-Judicial ForeclosureSandra L. Gottlieb, Esq. ofSwedelson Gottlieb addresseswhy the Non-Judicial approach tocollection is best for CommonInterest Developments.

Page 4: The Role of Treasurer As a part of the continuing serieson the board positions, DavidBrock, discuss the role of theTreasurer.

Page 6: Earthquake InsuranceElliot Katzovitz explains why thisis the time for associations toconsider purchasing Earthquakeinsurance.

Page 7: Effective and SuccessfulBoard Meetings Successful and well run meetingsare essential for any association.Find out how to have moreeffective meetings.

Page 8: Community Building Summer is the time to have acommunity event. Find out whythis is important and necessary.

Many HOA boardmembers servetheir community byagreeing to serveon the Board andattend meetingsand work to resolvethe issues affectingtheir associationwhether it is amaintenance issue,

or a collection issue, or some otherchallenge. We appreciate thehard work of every board member,and this year we wanted to beginan annual tradition ofacknowledging just a few BoardPresidents who have beennominated as a great leader in theircommunity.

It is always possible that we havemissed someone, and for that weapologize in advance. We willrepeat this each year in the Spring.For 2015, we have selected ninePresidents to be recognized, andwe applaud you and honor you foryour excellent example as a BoardPresident. They are as follows in noparticular order:

• Sajan Kashyap, Brent Park Townhomes

• Richard Schwabe, Cedar Ridge• Strefan Fauble, The Maryland

HOA• Judy Kent, Del Mar Townhomes• Queenie Taylor, Hawaiian

Gardens• Mae Chauvin, Park Shadows• A.R. Little, Canyon Park

Townhomes• Kay Russell, Park Place Villas• Kim Michalski , Orange Grove

Gardens HOA

Congratulations to all of you.

The Qualities of GREATPRESIDENTS which were identifiedin determining the 2015 honoreesare:

• Always has the best interest of the Association at hand and doesn’t have their own agenda.

• Interacts well with others and defuses arguments rapidly between homeowners.

• Knows the homeowners in the community.

• Follows the law.• Takes steps to improve the

value of the property.• Is organized and thorough.• Makes sure that all board

members know and perform their roles while not interfering with their position. Delegates well.

• Fosters mutual respect on the Board.

• Communicates with manager who feels like part of team and doesn’t micromanage.

• Participates in educational classes

• Proactive• Observant• Professional • Leads and holds regular

meetings that are run smoothly Business-like decisions are made; guides the board in making well-reasoned decisions and only at meetings.

• Asks questions of manager and other professionals and relies on outside professional expertise.

IN THIS ISSUE: 2015 GREAT HOA PRESIDENTS AWARD!

Page 2: IN THIS ISSUE: 2015 GREAT HOA PRESIDENTS AWARD!...2015/05/04  · May 2015 HOMEOWNER ASSOCIATION NEWSLETTER Page 1: Announcement of 2015 GREAT PRESIDENT AWARD We are pleased to announce

There are three main methods ofcompelling delinquent homeownersto pay assessments: Small claimscourt, non-judicial foreclosure andjudicial foreclosure. Small claimscourt allows the association only tosue for a limited amount of money.Non-judicial foreclosure only allowsthe association to take the owner’sproperty. Judicial foreclosureallows pursuit of both moneydamages and the property.

Foreclosure is the process of alienholder involuntarily takinganother’s property. Judicialforeclosure pursues that processunder court supervision, and non-judicial foreclosure does so withoutcourt involvement.

The collection process starts thesame way, regardless of which typeof collection process is pursued –the association imposes a late feeand then records a lien on theproperty. The processes diverge atthe point where the late notice andlien do not compel the debtor tobring the assessment accountcurrent. Most delinquencies arecorrected by the homeowner at orbefore the lien stage. Theforeclosure process is necessarywhen the owner, despite the lien,still does not correct thedelinquency.

In the judicial foreclosureprocess, a lawsuit is filed inSuperior Court asking for a moneyjudgment and an order foreclosingupon the property. The lawsuit isnormally filed as a “limitedjurisdiction” case, reducing filingfees and time to trial. In the rarecase in which the debtor conteststhe lawsuit, limited jurisdictioncases allow less pretrial activity,thereby limiting cost.

Foreclosure, or the threat offoreclosure, sometimes does notcompel the owner to pay theirbalance current. Usually, that isbecause the owner simply does notfear foreclosure. An owner will notfear foreclosure when the ownerknows there is no equity in theproperty, and, if taken away, theowner loses nothing of value.Others do not fear foreclosurebecause they do not believe theirassociation can take their home,

such as the notorious case abouteleven years ago involving theRadcliffs of Copperopolis,California, who lost their home totheir HOA over a debt of $120 in anon-judicial foreclosure. AnitaRadcliff said “It didn’t occur to methat they could foreclose…” Similarnews stories and quotes abound inrecent years.

Judicial foreclosure is preferablefor several reasons: 1. The association has all theoptions. If the property is so tieddown with mortgages and liensthat there is no net value, theassociation can ask for a moneyjudgment. On the other hand, ifthere is sufficient equity in theproperty, the association can askfor an order of foreclosure. So theassociation has the flexibility. Whena non-judicial foreclosure iscompleted, and the associationtakes ownership of a propertywhich appears worthless, it isbarred by law from seeking moneyfrom the former owner. 2. The process is usually fasterthan non-judicial. Almost allforeclosure actions are unopposed.A lawsuit goes to default if it is notopposed within 30 days. At thesame time, a non-judicialforeclosure has prescribed waitingperiods of several months.3. Even the most unsophisticatedpeople understand that a lawsuit isa bad thing, unlike non-judicialforeclosure, which they, like Mrs.Radcliff, do not believe they canlose their home without a judgeinvolved. 4. The sophisticated delinquentis not able to simply “walk away”because the association can obtaina money judgment, which lasts forten years – and can be renewed foranother ten.5. The association is protected.In judicial foreclosure, in the rareinstance where a homeownerwishes to challenge thedelinquency, all they have to do isfile a response to the association’slawsuit. In a non-judicialforeclosure, if a homeowner wishesto stop the foreclosure, theytypically sue not only the HOA, butalso the manager and the

foreclosure company. 6. The HOA attorney is involved –and available to guide theassociation in making reasoneddecisions on a caseby case basis. Non-judicial foreclosurecompanies are notlaw firms andcannot give advice.You will havesomeone to ask “isforeclosure in ourbest interests?” Alltoo often non-judicial foreclosure proceedsautomatically, and the associationfinds out too late it has spentthousands of dollars to ownworthless properties – and cannotpursue any other way of collecting. 7. The homeowner is protected.Stories of alleged non-judicialforeclosure abuse abound, but theyare better protected by a court-supervised process.

With all its limitations anddrawbacks, why are non-judicialforeclosures more common,particularly when the generalpublic and media abhor theprocess? The cause is a fewenduring myths – that judicialforeclosure will take longer (itdoesn’t) or that it will cost more (itshouldn’t). Trust your associationattorney to pursue the safer andless controversial judicial method,and make sure their charges arereasonable for that work.

Kelly Richardson is Co-Founderand Managing Partner ofRichardson Harman Ober PC.Kelly can be reached [email protected] or bycalling (626) 449-5577.

Judicial Foreclosure Is The Best Method To Collect – So Why Isn’t It More Popular?

By Kelly G. Richardson, Esq. CCAL

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Non-judicial Foreclosure as a Method of Collecting Delinquent Assessments

By Sandra L. Gottlieb, Partner, SwedelsonGottlieb, Community Association Attorneys

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One method for collectingdelinquent assessments is thestatutory non-judicial foreclosureprocess, which contrastsdramatically to the judicialforeclosure method. In a non-judicial foreclosure, if an ownerdoes not pay their delinquency, anassociation can conduct aforeclosure sale through a privateindependent trustee. This processoccurs outside of the court systempursuant to the authority given inthe California Civil Code and theassociation’s governing documents.

Over the years, associationattorneys have debated whichmethod of assessment collectionto utilize. We favor non-judicialforeclosure, relying on a veryastute judge, who said whencomparing the two, “Why use acannon where a pistol will do.”Taking it a step further, why go tocourt and litigate with and againsta fellow homeowner if you do nothave to? There is ample support forthis position.

The benefits of using the non-judicial process are self-evident: anassociation can avoid the time andexpense involved in filing a lawsuitagainst a homeowner. Non-judicialforeclosure is significantly lessexpensive than filing a civil actionto obtain a personal judgment tocollect the debt (in the superiorcourt or small claims court) or filinga lawsuit in superior court toforeclose on the recordedassessment lien and/or obtain apersonal money judgment. It isalso, we find, more effective sincethe owner either pays what he/sheowes the association or faces aforced sale of his/her home. Non-judicial foreclosure is also relativelyquick. Using the time frame setforth in the Civil Code, the entireforeclosure process, from pre-lienletter, to lien to sale, can becompleted within approximatelyfive months so long as thedelinquency either has exceed the$1800 threshold or the owner hadbeen delinquent for more than oneyear.

Most owners, wishing to stop

the foreclosure process and notlose their property, will pay thearrearages after receiving a Noticeof Default. This high response rateis not surprising in light of the smallamounts usually in default to anassociation in comparison with theloss of equity the owner is likely tosuffer if the property is sold by theassociation through the trustee. Ofcourse, it is true if the owner has noequity to lose, the owner may notbe as inclined to save theirproperty from foreclosure sale.That said, as a practical matter, it ismuch less expensive to pay thedelinquency and save your homethan it would be, in most cases, topay a first, last and security depositon a new rental property. Add tothat the cost of moving and theupheaval on family, payingdelinquent assessments andredeeming their property to “saveit” before the foreclosure makessense more times than not. Fromthe association’s standpoint, sincethe costs of collection, includingattorneys’ fees, are typically addedto the amount due by thedelinquent homeowner, if theowner pays the amount of thedelinquency prior to sale, theprofessional fees and costs of theforeclosure will be paid by theowner. Unlike a lawsuit, an ownermaking payment in full will berequired to bring his accountcurrent, not the amount owing onthe date of a court judgment,which is what happens with judicialforeclosure, that may have beenentered many months, and attimes, many years prior to the saledate.

The principal “drawback” topursuing the non-judicialforeclosure process could arise ifthere is no equity in the propertyand the owner is ready to walkaway from the property (if no thirdparty purchases the property atthe foreclosure sale, theassociation becomes the propertyowner subject to senior deeds oftrust). Although this may not bewhat the association wants, it maybe the association’s only viable

option if it appears the owner hasno money or collectible assets. Inthe end, however, the association isat least in possession of the realproperty interest as opposed toowning a judgment on paper that isworthless and not collectible.

The most common mistake wesee associations making is inaction,i.e., doing nothing;which is differentthan making adecision to donothing. Theproblem withdoing nothing isthe Board is notsticking to its guns;the collectionpolicy, thereby notproviding a truedeterrent todelinquent owners. Further, theBoard is not protecting itself andthe association from claims that itdid not adequately evaluate thecourse of action that was in thebest interest of the association.

In practice, even though theactual foreclosure may take place,the vast majority of owners paytheir debt well before the privatesale. Given the indisputable legalauthority for holding non-judicialforeclosure sales, the main relevantfactors in deciding between judicialand non-judicial foreclosure areoften the time and expenseinvolved and whether theassociation wants to be embroiledin litigation. Non-judicialforeclosure offers, almost withoutexception, the quicker and lessexpensive assessment collectionprocess. Therefore, when you needto record an assessment lien, use apistol by designating a trustee; nocannons allowed!

Sandra L. Gottlieb, Esq. is a SeniorPartner of the law firm ofSwedelsonGottlieb and President/CEO of Association Lien Services,which specializes in nonjudicialassessment collection. Sandra canbe reached at 800-825-5510 [email protected].

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THE ROLE OF TREASURER!By David Brock, PCAM

The position of Treasurer is animportant position in any CommonInterest Development; however theassociated tasks are not overlycomplicated or difficult. Thefunctions required of the Treasurercan be learned relatively quickly bymost people. There is a myth thatin order to be a Treasurer youshould have an accountingbackground or finance degree.This is absolutely not the case.The requirements of a goodTreasurer are to apply commonsense and good business practicesto the financial affairs of theassociation. The actual complexityof the role of Treasurer is actuallycaused by the politics that exists inmost every association arising fromthe challenge of competing

agendas, specifically to balance thedesire for low monthly assessmentswith the necessity to properlymaintain and also reserve for futureneeds as defined by the reservestudy.

The Treasurer should be theboard member who is most awareof the financial affairs of theassociation on behalf of the board.This does not excuse the otherBoard members from payingattention, however the duty of theTreasurer is to provide reasonableand business-like oversight, and toreport to the board regularly on thestatus of the Association finances.The board is required by law toreview a reconciliation of allaccounts on at least a quarterlybasis. A bank reconciliationcompares the bank statement tothe association’s books andaccounts for the differences. Theboard should see the actual bankstatement and not rely on what isstated as the balance.

First, the approval of associationpayables is the most importantregular ongoing function of theTreasurer. The Treasurer shouldverify that the expenses paid areproper, for example confirming thatthe service was received and thatthe service was provided at yourproperty. Ideally, if an Associationis managed, the managementcompany will prepare the checksand the Treasurer, and if preferredanother board member willapprove payments. Transfers orpayments out of your reserveaccount are required by law tohave two signatures.

The Treasurer should bring to theboard’s attention owners who aredelinquent in their assessmentsand only referring to them byaccount number if this is discussedin an open Board meeting. Theassociation must have a collectionpolicy which should be followeduniformly with all owners. Acollection policy is a statementdescribing the association'spolicies and practices in enforcinglien rights or other legal remediesfor default in payment of itsassessments against its membersand it shall be annually delivered to

the members each year. In addition, the reporting by the

Treasurer should also include ayear-to-date budget comparison ofthe expenses compared to theforecasted budget for the year todate. Fortunately, there are greatstandardized reportsthat make thisr e l a t i v e l ystraightforward. A“budget comparison”report should beutilized to understandhow each expensecategory is performingfor the year so far. This report canbe intimidating initially but onceyou learn how to read it, it is veryhelpful to get an understanding onthe expenses in comparison to thebudget. The Treasurer and theboard should study this reportprior to the board meeting so theboard members can ask questionsas needed at the meeting. Thefocus on this review shouldconcentrate on major over-expenditures, and what the trendsare for the future. It is not prudentto focus on small overages onexpenses; however those budgetitems can be adjusted for thebudget next year.

The Treasurer should have a basicunderstanding of the requiredfinancial reports and understandhow to read them. If amanagement company is involvedwith your association, the managerwill prepare the reports andprovide guidance on how to readthem as needed. The reportsshould not be complicated ordifficult to understand. Beven &Brock board members can find atutorial to help them on the web-site.

Reserve funds should be safelyinvested according to the directionof the board, and transferred to theoperating account as they areneeded for reserve projects. Theassociation should have reservesadequate to cover long-term needsof the property as determined bythe reserve study. Reserve fundsshould always be invested in a

The Role of Treasurer!: continued onpage 5.

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federally insured account, withthe Board determining how longthe funds should be invested.Some Treasurers like to shop theinterest rates and obtain thehighest rate. This level ofinvolvement is not essential. Thedifference of a quarter percent onthe rate for $50,000.00 is only$125.00 per year. As Treasurer, youare expected to recommend goodbusiness like practices and safetyof the Association’s funds is theonly priority. The Treasurer shouldadvocate strongly for complyingwith the legal requirements,specifically in obtaining a reservestudy, and complying with therecommendations. Treasurersshould never directly undertakethe task of performing the reservestudy, annual updates and requireddisclosures; rather the Treasurershould be sure the Association hasretained proper professionals toassist in this process.

The Treasurer works withmanagement to prepare the nextannual budget. If there is anassociation manager, they wouldlikely do the first draft and then theTreasurer would lead the Board inthe process of approval. The topicof budget development will beaddressed in the Septembernewsletter.

All board members andespecially the Treasurer must leadby example and always be currenton their own assessments.Additionally, the Treasurer shouldlead the board by being objective,fair and reasonable. It is imperativethat all owners are treated thesame when it comes to collectionissues.

Some Treasurers and boardmembers mistakenly view theassociation’s funds as an extensionof their own funds not realizingthat as trustees or fiduciaries theyhave a far higher level ofresponsibility. The personalfinancial practices of any individualboard member may differ with theapproach that is best for theassociation as a whole. Cuttingcorners in your personal financesmay be acceptable, but using thatstrategy with the associationfinances isn’t always a good choice.

Finally, it is not important thatthe Treasurer have extensiveexperience in finance oraccounting, although it can behelpful. The concepts of HOAaccounting are relatively simpleand can be explained easily. If youcan balance your own personalchecking account each month,you are likely qualified with a littlebit of training and good commonsense.

The Role of Treasurer!: continued frompage 4.

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Countless associations all alongthe Pacific earthquake beltnicknamed the “Ring of Fire” donot currently carry earthquakecoverage for one reason or another.In some instances it was simply amatter of affordability, other timescarriers declined the risk and forsome it was a lack of owner equitythat drove the HOA to “Go Naked”.

Fast forward to the “the perfectstorm” happening right now in thecatastrophe insurance markets of2015. Pricing, capacity andunderwriting have all aligned insuch a way as to provideearthquake shoppers with somethe best rates and deductibleoptions available since HurricaneKatrina in 2005. Bargain Pricing

That old tidy excuse “Quake isjust too expensive for us” may nolonger ring true in today’s buyers’market.

Earthquake markets have been“soft” for three years runningresulting in lower and lowerpremiums. The term “soft” meansthat the pricing pattern is pushed

downward to the advantage ofbuyers rather than insurancecompanies. The main reason forthis downward trend is that therehave not been any significantcatastrophic insurance losses (i.e.,hurricanes, floods, earthquakes)since Katrina. Also, there has beenlittle growth in the purchasing ofquake so this makes carriers moreeager to aggressively price to lurenew buyers.

Increased CapacityBut wait, there’s more. There is

also an increase in market capacity,which simply put means thatinsurance carriers are willing totake on increased amounts of riskin relation to their company’ssurplus. When a major quake orhurricane happens carriers dip intoassets to pay out claims.Earthquake premiums are directlytied to losses from catastrophes.Since, the last major US event toput a real dent in the reserves ofcatastrophe insurers was Katrina,the insurance company capacityhas increased every year for thelast decade, thus generating thelower premiums we see today.

Okay, so what could be betterthan lower prices? How aboutlower deductibles? Yes, that’sright. Not only will you see betterrates, but excess capacity has ledmany companies to toss in morefavorable deductibles to sweetenthe pot. Those associations whohave previously passed oncoverage because they wereuncomfortable with $50,000,

$75,000 or $100,000deductible per unit optionspresented to them may findlower deductibles this timearound. In fact, onecompany is willing to offer a2% deductible. This is the first time since

Northridge that we’ve seen acompany offer deductiblesthis low. If your board wroteoff quake insurance due toworries that the ownersdon’t have the resources to

pay huge deductibles and fearsthat they won’t buy assessmentcoverage then a low deductibleoption solves the problem.Easing of Underwriting Standards

Now for the icing… Threecarriers are now willing to writeassociations built more than about50 years ago or those with tuckunder parking. This is a stunningdevelopment because just twelvemonths ago these HOAs had nooption other than the high risk

syndicate ofLloyds of Londonwhich deliveredminimal coverageat obscenelyexpensive rates. Ifyour HOA hasbeen locked outfrom buying, thistime around you may find coverageat a price that finally makes sense.ConclusionBoard members for “naked”associations need to take a freshlook at earthquake coverage to seeif the buyers’ market has broughtquake within reach for theassociation. A board member’sfiduciary duty dictates that theymust consider the fact thatEarthquakes present a tangiblethreat to their owners’ equity andshould be insured against if at allpossible. Keep in mind that ALLDirectors and Officers insurancepolicies exclude the failure topurchase earthquake insurancefrom their coverage for matters ofinsurance. So, if the board getssued for failure to purchasecoverage from those owners thathave equity the D&O policy doesnot protect them and the boardmembers ‘ personal assets couldbe at risk. In that regard, it isadvisable to obtain a quote everyyear for quake insurance, and atleast put it to a vote or survey ofthe owners.

Elliot Katzovitz is CEO of ElliotKatzovitz Insurance Agency, Inc.and he can be reached by email [email protected] or byphone at (310) 945-3000.

Earthquake Insurance - Now is the time for “Naked” associations to cover up and buy EQ Insurance

by Elliot Katzovitz

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Common interest development(HOA) board meetings are animportant element for everyassociation. Some boards meetregularly on a monthly basis,however, it is not uncommon forboards in small associations tonever meet and communicate onlyby email. Some governingdocuments require a specifiedfrequency such as monthly orquarterly, however if not specified,boards should meet at leastquarterly to satisfy the legalrequirement to review thereconciled financial statements.

In this day of email as a highlydesired form of communication,the law still requires meetings inperson, where owners have theopportunity to speak to the board,and observe their board in action,and this cannot be done by email.Meetings by email constitute“secret” meetings, and is aviolation of the “Open MeetingAct”. Volunteer board membersmay actually find it to be a relief tonot have to receive, read, andrespond to multiple daily emails ona given subject, preferring ratherto discuss and decide issues at ameeting. This is the standardmethod of how volunteercorporate boards function.

Since meetings are a legalrequirement and may actually helpto focus and manage the boardmembers service, let’s look atsome ideas to make them moreeffective and productive. Let’slook at the three P’s of effectiveand successful meetings: purpose,punctuality and patience.

First, what is the purpose ofboard meetings? The primarypurposes of HOA board meetingsis to discuss and decide issues,and allow an opportunity forowners to express their opinions.The “open forum” portion of themeeting is a legal requirement,however the board can establishrules related to the amount of timean owner can speak. You maywant rules about meeting decorumas well, such as interruptions, useof foul language, or yelling whichshould not be allowed. In order tohave an efficient meeting, theboard members should receive and

review any background materialprior to the meeting, so meetingtime is not used for this purpose.The President (or Chair) shouldkeep the discussion to the issueand not allow new issues to comeup. The requirements on havingan Agenda should help with this.The only other issue that shouldoccur at the board meeting is for afinancial report from the Treasurer,or perhaps, other committeereports.

Secondly, the next important“P” is punctuality. Utilize a “timedagenda” which allows fordiscussion on the issues to bedecided, as well as a suitableamount of time for Open Forum,perhaps providing 3 minutes foreach speaker. Start the meetingon time, and end it on time. Mostboard meetings can beaccomplished with 90 minutes, orsooner. Well-run board meetingsare typically 45 to 60 minutes.The board meeting is not a partywhere you show up when you wantand hang out for a while.Socializing can occur, by thosewho want that, after the meeting isadjourned.

Finally, let’s look at howpatience can help your meetings.Good decisions by a group taketime and this can be frustrating forsome board members. The key isto make well-informed andthoroughly reasoned decisions.There are not many issues that areurgent enough that can’t wait amonth. Patience is also importantwhen listening to some ownersduring the Open Forum. Also,patience is necessary for thoseowners who want to resolve issuesbetween meetings via email.Good listening skills requirepatience since we really need tohear what our fellow boardmembers are saying.

It is not inconceivable tobelieve that well run andproductive meetings will set apositive tone in your association,and that encouraging healthydialogue as modeled by the boardwill help to encourage future boardmembers to serve.

Effective and Successful Board Meetings

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One of the greatest challengesin HOA living has to with the lackof connection between residents.

So often life in an HOA is aboutconflict and unhealthydisagreement, however, anexcellent long term strategy tomitigate the negative issues is totake the initiative to createcommunity. The best way to dothis is to plan at least two eventsthat gather the residents eachyear. Summer is one of the besttimes to do this. If owners canmeet each other in a fun and casualsetting, they will be more likely tounderstand each other and findagreement when challengingissues come later.

The best part is that it doesn’thave to be complicated. If youwant to try this, ask severalowners to serve on a planningcommittee. The board doesn’tneed more to do, so broaden thebase of involvement and ask

someone who isn’t alreadyinvolved. The greatest challengewill be in getting people to showup as some people are naturallyshy. Don’t let that stop the partyplanners from pursuing theinvolvement of everyone, bothowners, and yes, renters as well.Announcing the event, andpersonally inviting people to comeworks best to get a decent turnout.

It’s not hard to roll out a BBQ,and let people grill what they want,and have everyone contribute theirfavorite side dish. Everyone canbring their preferred beverage toshare. A few games on handdoesn’t hurt, in case theconversation lulls. Someassociations play a movie outsideafter dark.

Don’t let the turn-out the firstyear convince you this is not agood idea. Keep at it. It will payoff over time.

This Newsletter is circulated forgeneral informational purposes asa public service and promotion bythe Beven & Brock PropertyManagement Company. Thecontents are the opinions of thefirm, or the authors, and notintended to constitute legal advice,and should not be relied upon forthat purpose. If you have a legalissue related to a subject of thisnewsletter, you should consult theCalifornia Civil Code and yourattorney. The paid advertising inthis newsletter is provided as acourtesy to our readers and doesnot constitute any endorsement byBeven & Brock. The advertisersprovide their services to HOA’s andsome may have provided servicesto Beven & Brock’s HOA clients inthe past.

COMMUNITY BUILDING - Plan now for a summer event