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S C P M
Seminar 2002
Lakeland, Florida
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SCPM
2002 COMMUNITY ASSOCIATION SEMINAR
AGENDA WITH TRANSCRIPT
1. INTRODUCTION OF MANAGERS AND COUNSEL
2. HOW TO BE A DIRECTOR
A. Expectations of Homeowners.
i. Meet the “Perfect Community”, which includes:
a. “Perfect” Communication-All residents are totally informed about everything.
b. “Perfect” Budgeting- Budget against Income and Expense worked perfect; no emergencies for the year or unexpected issues, etc.
c. “Perfect” Actions- Board acted flawlessly all year.
d. “Perfect” Outcomes- The Association came out whole or favorably to every action the board took.
B. Reasonable Board Actions.
i. Define them.
a. Counsel recommendations, even if expensive or somewhat costly.
b. General housekeeping throughout the year.
c. Contract changes that the “board” sees as necessary.
d. Collection follow-through.
ii. Obtain Information but don’t “drag” decisions;
a. As a rule, if an item starts as new business, and for the next 3-4 months, stays in Old Business, “finish it”, or “remove it”. Otherwise, you are dragging on meetings with no benefit.
iii. See different points of view before deciding.
iv. Agree as a board (if possible):
a. Unanimous decisions by a board are not “mandatory”, but what a goal to set. Try to come to a sensible compromise on a problem. Come to a solution that is agreeable to “all” board members. If you can’t, ok, BUT TRY.
C. Residents view of Boards
i. Too strict.
a. Worrying too much about the small stuff (micro-managing the neighborhood).
ii. Not strict enough:
a. Allow too much to go on.
iii. Afraid to take a stand:
a. Weak in actions.
b. A unanimous board helps here!!
iv. Take ridiculous stands
v. Self-centered in decisions (alterior motive):
a. Actions of the board are primarily for items “they” desire (personal agenda’s).
vi. Procrastinates on items needing addressed.
vii. Never communicates with residents:
a. The board does not communicate.
b. The residents never “hear” from the board.
c. The residents “never” receive the minutes (or ask for them).
d. The residents “have to” attend the meetings or they can’t find out anything.
D. Board’s View of residents.
i. They are lazy:
a. Residents do not want to really get involved or assist.
ii. They want to complain, but not help or serve.
iii. They are extremely critical on everything or every move the board makes.
iv. They only show up at meetings when they want to complain.
v. They don’t understand the big picture of running the association.
vi. They just can’t please them.
a. We will not ever make them all happy - (True statement).
b. AS BOARD MEMBERS YOU WILL NOT MAKE EVERYONE HAPPY. THEIR PERCEPTIONS OF THE COMMUNITYARE GOING TO BE D9IFFERENT THAN YOURS. IN FACT, EVEN THE VIEW ACROSS THE STREETGREATLY DIFFER FROM YOURS.
E. Don’t take it personal.
i. The old adage, “If it won’t matter a year from now…. (Great way to look at things overall).
a. Keep things in perspective.
b. Don’t get emotional with decisions made.
ii. Understanding their lack of “inside” situational knowledge you possess:
a. You are on the board, so your angle of information “is better”, and rightfully so.
b. Just ask them not to get angry and “help them” by giving some of your inside information on whatever topic they are bothered by.
iii. Understand “their” view, how they see from their front door.
iv. Consider their ideas/suggestions only as a way to improve the community.
a. Try not to see everything a resident brings to the table as “criticism”. Much of the time, they are merely trying to help.
v. Life will go on when your term is up.
a. Remember this when times are tough.
b. At the end of your term, you will then be able to return to the chair in the audience and be the bad guy again (Just kidding).
c. If you learned anything from the “board seat” you maintained, you will be a much different observer in the future.
F. Q&A
3. HOW TO GET VOLUNTEERS FOR COMMITTEES
A. Defining Responsibilities.
i. Put guidelines in writing:
a. This gives them clear boundaries.
ii. Set a “simple vision-statement” for the committee to help with their direct goal.
a. This defines what they are working toward.
iii. Give the committee’s (where applicable), a budget to work with.
iv. Lead by example as a board member- Committees will, at times, follow the tempo of the board, SO:
a) Be Patient and rational.
b) Listen to a resident in need. Committees will also need to really listen to the members.
c) Really consider the suggestions of others. Many good ideas will come from the members.
d) DO NOT GET ANGRY WITH YOUR OWN BOARD, UNDERSTAND WHERE THEY ARE COMING FROM.
e) See the good in what the committees are trying to do (they will not be miracle workers).
v. Create committees only where really needed - Do not create too many committees. Base them on need.
B. How to motivate and work with others:
i. Set-up neighborhood cookouts/covered dish functions. This will build morale.
ii. Support the committee overall/back them even when it is tough. Examples are as follows:
a. Due Process Action
b. ARC Denials
c. Legal Enforcement (covenant enforcement)
iii. Complement their efforts “often”. Give them positive feedback.
iv. Keep them abreast of important board decisions even when they cannot attend the meetings (they are still valuable “board tools”).
a. Many volunteers get frustrated when they feel left out of decisions and activities.
C. Conveying community-wide benefits of having volunteers:
i. Convey a “pride in the community attitude”.
ii. Will save the owners money at times.
Examples include:
a. Maintenance Committee
b. Beautification Committee
D. Q&A
4. DUTIES OF THE BOARD (Self-Managed)- Defined in Individual Covenants, but:
A. President: He/She is the CEO of the Association, and shall have all of the powers and duties that are usually vested in the office of President of an association, including but not limited to the following powers:
i. To preside over all meetings of the Members and of the Board.
ii. To sign as President all deeds, contracts, and other instruments that have been duly approved by the board.
iii. To call meetings of the Board whenever he deems it necessary in accordance with the rules.
iv. To have the general supervision, direction, and control of the affairs of the Association.
B. Vice-President: He/She shall have all of the powers and duties that are usually vested in the office of vice-president of an association, including but not limited to the following powers:
i. To perform the duties and exercise the powers of the President, in the absence or disability of the President.
ii. To assist the President in the exercise of his powers and the performance of his duties.
C. Secretary: He/She shall have all of the powers and duties that are usually vested in the secretary of an association, including but not limited to the following powers:
i. To keep a record of all meetings and proceedings of the Board and of the Members.
ii. To keep the seal of the Association, if any, and affix it on all papers requiring said seal.
iii. To prepare and serve such notices of meetings by the Board and the Members required either by law or by the By-Laws.
iv. To keep current records showing the Members of the Association together with their addresses.
v. To sign as Secretary all deeds, contracts, and other instruments which have been duly approved by the Board, if said instruments require a second Association signature.
D. Treasurer: He/She shall be the financial officer of the Association, and shall have all the powers and duties that are usually vested in the treasurer of an association, including but not limited to the following powers:
i. To receive and deposit in such bank or banks as the Board may from time to time direct, all of the funds of the Association.
ii. Be responsible for and supervise the maintenance of the books and records to account for such funds and other Association assets.
iii. To disburse and withdraw said funds as the Board may from to time direct, and in accordance with prescribed procedures.
E. Director: He/She will usually support the others while possibly learning the procedures of Board’s. (Usually a great spot for new members to a Board).
F. Q&A
5. DUTIES OF THE BOARD (Professionally Managed)
A. President:
i. Becomes an overseer at best. Usually a strong contact for the Management Firm. No longer has to delegate the board for certain tasks.
B. Vice-President:
i. Similar to President when managed. He/She may get their hands a little dirty still, but will very much lean on the management firm for action.
C. Secretary:
i. Will be the first party to review the minutes presented by management following the Board meeting.
ii. May desire to review letters from management prior to them being sent.
D. Treasurer:
i. Will review invoices and checks prior to signing.
ii. Will review the monthly financial report presented by management.
E. Director:
i. They see the smallest difference when managed as they much of the time they are the newest member to the board and are kind of figuring it out, so to speak.
ii. If they are a long-term member overall that needed to step back somewhat, then they too will notice that things will begin to take on more of a “third party” stance and the board will experience a little “less pressure”.
F. Q&A
6. FLUENT BOARD:
A. Making the process efficient:
i. Don’t be afraid to spend money when necessary.
ii. Get Legal help whenever needed/when management cannot quite answer it for you.
iii. Make the meetings and the overall business as “fun as possible”.
iv. Use phone chains to relieve one member from having to contact all.
v. Set a time limit for meetings (start with 1 ½ hour limit)-it will point out to you where your meetings are going “off track”-your family will be a lot happier if you do.
vi. “Welcome” owner input in a particular section of the agenda, not all throughout the meeting (will really slow you down on decisions)-hear their concerns and “care”. (Just set a procedure).
vii. Set a reasonable agenda for “one meeting”. You won’t be able to solve the entire community concerns all at once no matter how long you hold the meeting (neither will the management firm).
viii. Have board “packs” (treasurer’s report, committee reports, bids, prior meeting minutes, etc.) in the hands of the board prior to meetings- this will make the meeting much more efficient as everyone will have had time to view all details prior to the meeting.
ix. This one is good to repeat- Have committee reports “written”, not “verbal”. This will make them easier to include in the minutes exactly as the committee is reporting it. The committee will not have to read their entire report at the meeting, it can be noted that it is already submitted to the board offering suggestions/actions to the board. With some communities having 5-10 committees, verbal reports really “stagnate” meetings.
B. Understanding topics 4 & 5 and staying “in bounds”:
i. Take a deep breath when needed.
ii. This one will “hurt” some, but lose all “prior military experiences at the door”. Your neighborhood has rules, but overall it is a pretty democratic environment.
iii. Really listen to a residents stated needs or desires. If it is not too difficult to accomplish, move forward on suggestions- It will really make a resident feel that the board is working for them as well and that they can come to them with their ideas-very good!!!
iv. If you run into a wall on an issue, again “use counsel”. Their opinion on your subject will be “a lot” cheaper than the lawsuit from a homeowner.
C. Limiting Dissent on board decisions- explaining the importance of compromise.
i. Homeowners come from all walks of life, as do boards. You all will not see eye to eye on everything and some of the time on nothing. Working together, however, will help the overall attitude of the community.
ii. This area is important for committee suggestions as well. They need support from the board.
iii. Much of the time, things will not come out “exactly” as you or another particular member “envisioned” it. It is no different “outside of the community”. Look around….
iv. Set a goal to be as close to unanimous as feasibly possible. Nothing is more encouraging to everyone than a board that is undivided on a subject, action, etc.
D. Alternative methods of communication Using Email and other technology to fully utilize resources:
i. Chain method of minutes review.
ii. Emailing in the community.
a. Good tool and can be done at “any” time.
b. Allows for the communication to “many” people at the same time, versus individual phone calls, etc.
iii. Some pitfalls to email in the community.
a. Watch the wording.
b. Other small issues such as an email that is sent to “many” residents, but then responded to the original author, thus creating the “many” others not knowing that a situation is handled. Ultimately this makes more out of an issue than is necessary.
iv. Web-Site customized for your community for “resident info”:
Post:
a. ARC Forms
b. Minutes
c. Current Financial P&L’s
d. Declaration of Covenants, Articles of Incorp., and By-Laws
e. Rules & Regulations
f. Other options include owner roster, social calendars, committee reports, or even newsletters.
v. Email questions to your Law Firm as they are busy just like you and phone contact can be tough.
E. Q & A
7. OVERALL Q&A WITH COUNSEL AND SCPM
