Education
Community Association Compliance
Community Association Maintenance
What maintenance is required for your association? How often do asphalt surfaces need maintenance? When should the HVAC be serviced? When should you have your roof inspected?
Join us for a special edition of All Things Real Estate where we will answer all these questions and more when we discuss maintenance in community associations. Tim McWenie of Sunland Asphalt will discuss the various asphalt maintenance techniques, Amanda Reta of Air Conditioning & Heating Service Company will share with us the various maintenance techniques needed to maintain your HVAC systems, and Aaron Telles of RoofCare Santa Fe will share with us what you need to have in place to keep your roofs in tip top shape.
All Things Real Estate Legal Advisor, Tim Krupnik, of Krupnik and Speas, PLLC will offer legal advice for Association Boards on the topic. Make sure you tune in for this timely discussion and learn about what maintenance your association should be doing for summer!
Listen to the podcastLending in Community Associations
On Lending in Community Associations with special guests Ron Blessey, Senior Loan Officer with Santa Fe Mortgage and attorney Tim Krupnik of Krupnik & Speas, LLC. Listen to the podcast
Water Damage Remediation
Join Bonnie Davis of Westgate Properties and her special guest, Eric Tilson, co-owner of Advanced Remediation, for a discussion on mold remediation and water damage restoration. Leaks from roofs and windows as well as seepage into foundations are common causes of water damage affecting homeowners and community associations. Learn how to mitigate water damage and identify the signs of mold as well as take the necessary action to remove it.
All Things Real Estate Legal Advisor, Lynn Krupnik, of Krupnik and Speas, PLLC will offer legal advice for Association Boards on the topic and Aletta Marciano of ADV Insurance will share with us the insurance perspective. Make sure you tune in for this timely discussion and learn about mitigating water damage in our home or community!
Listen to the podcastFair Housing and Community Associations
Tune in to All Things Real Estate and join Bonnie Davis of WestGate Properties and All Things Real Estate legal advisor, Lynn Krupnik of Krupnik & Speas, LLC, for a discussion on how the Fair Housing Act applies to community associations. We will explore in detail the Fair Housing Act and how it can impact community associations and hear actual case law examples. Tune in to learn how you can protect your association from claims! Don't miss this important show! Listen to the podcast
Community Association Insurance
Is your association adequately insured? What is Fidelity insurance and why do you need it?
Join us for a special edition of All Things Real Estate where we will discuss association insurance and the various policies required. Aletta Marciano of ADV Insurance will join Bonnie Davis for the full hour to discuss the various insurance policies community associations need to obtain and All Things Real Estate Legal Advisor, Lynn Krupnik, of Krupnik and Speas, PLLC will offer legal advice for Association Boards on the topic.
Don't miss out on this chance to limit your association's exposure and make sure your association is covered in the event of a loss!
Listen to the podcast2023 Westgate Wrapup-Gratitude
Local Wildlife In Your Community
Santa Fe is a desirable place to live for both humans and wildlife. Laura Siegel, Communications Specialist for the New Mexico Wildlife Center will join Bonnie Davis of Westgate Properties to inform our listeners on how to live in harmony with our wild neighbors, bear, bobcats, coyotes, as well as many species of birds. Learn what can you do to keep yourself and these animals safe in your communities. Attorney Lynn Krupnik will offer some legal advice on the subject. Tune in for this informative and important show about our wild neighbors! Listen to the podcast
Lending in Community Associations
If you missed last weekend's All Things Real Estate broadcast please visit our website for a link to the podcast on Lending in Community Associations with special guests Ron Blessey, Senior Loan Officer with Santa Fe Mortgage and attorney Tim Krupnik of Krupnik & Speas, LLC. Listen to the podcast
Review of Community Association Budgeting
Join host Bonnie Davis of Westgate Properties and her special guest Kevin Brennan of Brennan Tax & Advisory for a review of community association budgeting. Learn how to create an effective operating budget for your association including developing line items, historical trend versus zero based budgeting, replacement reserves, and receivables. We will also be hearing from All Things Real Estate Legal Advisor, Lynn Krupnik, of Krupnik and Speas, LLC who will help us understand the legalities of budgeting in community associations. Listen to the podcast
Summer Maintenance
What maintenance is required for your association during the summer months? How often do asphalt surfaces need maintenance? When should the HVAC be serviced? When should you have your landscape contracts in place?
Join us for a special edition of All Things Real Estate where we will answer all these questions and more when we discuss maintenance in community associations. Tim McWenie of Sunland Asphalt will discuss the various asphalt maintenance techniques, Amanda Reta of Air Conditioning & Heating Service Company will share with us the various maintenance techniques needed to maintain your heating & cooling systems including some specials they a re running for summer, and Sean Gabriel of Proscape Landscape Maintenance will share with us what you need to have in place to keep your grounds in tip top shape.
The Proposed Pieces of Legislation Impacting Community Associations
Homebuilding in Santa Fe and How It Affects Community Associations
The Fair Housing Act and How It Can Impact Community Associations
Peace on Earth and Goodwill to All
How to Live in Harmony with Our Wild Neighbors (New Mexico Wildlife Center)
Santa Fe is a desirable place to live for both humans and wildlife. Jessica Schlarbaum, Communications & Outreach Manager for the New Mexico Wildlife Center will join Bonnie Davis of Westgate Properties to inform our listeners on how to live in harmony with our wild neighbors, bear, bobcats, coyotes, as well as many species of birds. Learn what can you do to keep yourself and these animals safe in your communities. Listen to the podcast
Home and Building Winterization
Join Bonnie Davis of Westgate Properties and her special guest Jeff Brown, of WIN Home Inspections, for a discussion on home and building winterization. Santa Fe has already experienced some cold snaps so don't wait to learn the ins and outs of winterizing your community to protect your asset and prevent loss this winter! Listen to the podcast
Fair Housing in Community Associations
The origin of laws that address the issue of “Fair Housing” goes back to the mid 1960’s beginning with the Civil Rights Act of 1964, and Title VIII of the Act, which is known as the Fair Housing Act, signed into law in 1968. It has been amended over time to expand and modernize the class of protected individuals. It’s administered by the Department of Housing and Urban Development, commonly known as HUD. In this podcast, host Tom Simon explores Fair Housing issues with Attorney Lynn Krupnik of Krupnik & Speas and insurance agent Vince Marciano of ADV Insurance. You will hear cautionary tales from the community management trenches and strategies for staying on the right side of Fair Housing Act by doing the right things in your community. Listen to the podcast
Summer Maintenance, part 2
What is a Certified Community Manager?
Listen as Professional Community Manager Tom Simon and Chief Executive Officer of Community Association Institute (CAI), Tom Skiba, discuss the value of credentials for Community Association Managers (CAM's). Tom Skiba is an international authority on the subject given his role in leading CAI for the last 20 years. CAI has 43,000 members that include community association volunteer leaders, professional community managers, lawyers, accountants and other industry professionals. Listen to the podcast
Summer Maintenance
What maintenance is required for your association to get ready for summer? What are the different types of stucco? When should the HVAC be serviced? How do you get your pool ready for the season?
How Fair Housing Act Applies to Community Associations
Building Community
Join Bonnie Davis of Westgate Properties and her special guests for a discussion on how to build community in your association. We will hear from Sean Gabriel of Proscape Landscape Management to learn how curb appeal can enhance morale and Tom Simon of Westgate Properties will discuss effective pet management and create harmony between pet owners and non pet owners. Local community association leader Dave Mansure will share with us his experience participating in committees in his HOA and attorney Lynn Krupnik will offer some legal advice on the subject. Listen to the podcast
Collections in Community Associations
(February 27, 2022 Radio Show) Join host Bonnie Davis of Westgate Properties and special guest, All Things Real Estate Legal Adviser, Lynn Krupnik, of Krupnik & Speas, PLLC for a discussion on community association collections including how to draft an effective collections policy, when to contact an attorney, and what to do in the case of a bankruptcy or mortgage foreclosure. Listen to the podcast
An Inside Look At Lending in Community Associations
(January 30, 2022 Radio Show) Join host Bonnie Davis of Westgate Properties and her special guest Scott Robinson of Gateway Mortgage for an inside look at lending in community associations and learn how to make your community lender-friendly! Listen to the podcast
Fair Housing and Community Associations
In the 1st hour of the show, join Rey and his guest co-host, Bonnie Davis, Professional Community Association Manager with the homeowner association management company, Westgate Properties, LLC, for a discussion of a variety of real estate and business issues impacting homeowners, buyers, sellers, and renters. The show continues to use its ongoing January 2021 theme of “inaugurating the New Year.” Bonnie will reflect on the show’s theme, and also offer observations on the ways–in January 2021–that Westgate Properties, LLC is assisting the residents of the more than 60 homeowners (HOA) and condo (COA) association communities that the company manages in Northern New Mexico. Listen to the 1st hour In the second hour of the show, join host Bonnie Davis, Professional Community Association Manager (PCAM) of Westgate Properties, LLC, and her special guests for a discussion of “Fair Housing.” Bonnie will be joined for the full hour by ATRE legal advisor, attorney Lynn Krupnik. Bonnie will also be joined by her monthly show’s regular content providers, as they address the theme of this second-hour program: Insurance Advice: Vincent Marciano of the ADV Insurance Agency–specializing in community association insurance needs–will offer new information on community association insurance, as well as his monthly insurance counsel on other matters of interest to homeowners. HOA/COA Legal Tip: Besides addressing the show theme, attorney Lynn Krupnik, of Krupnik & Speas, PLLC will also offer her monthly legal commentary, designed to benefit homeowners who reside in community association neighborhoods. Landscape Update: Sean Gabriel, of Proscape Landscape Management, will share his latest suggestions on landscaping maintenance in community associations. Listen to the 2nd hour
Short Term Rental Ordinance Changes
Tune in to All Things Real Estate and join WestGate Properties owner Tom Simon and his newest employee, Dave Mansure, for a discussion on recent changes to the Short Term Rental Ordinance in Santa Fe. Tom has 30 years experience managing real estate in Santa Fe including short term and long term rentals, commercial real estate, homeowners associations and condominium associations. Dave has 15 years experience in residential and commercial property management. He is on the board of the Santa Fe Lodgers Association and recently lobbied successfully to exclude commercial properties from the short term rental ordinance. Click here for a FAQ document on short term rentals in Santa Fe. Click here for a FAQ document on short term rentals in Santa Fe. This weeks first hour (Noon to 1 PM) features host and Sotheby's International Realty's Associate Broker Rey Post (NM REC License #45660), with Co-host Tom Simon, as well as a variety of special guests who offer news, information, and commentary on current real estate, business, and community issues, important to homeowners, buyers, and sellers. Listen to the 1st hour Last minute addition to the 2nd hour of the show was Attorney Don Wolcott from Wolcott, Henry and Winston PC (walcottlaw.com) Listen to the 2nd hour
Real Estate and Community Issues During COVID-19
New Mexico Coronavirus Medical Hotline: 855-600-3453 New Mexico Health Department Info: https://cv.nmhealth.org/newsroom/ This weekly radio show features host and Sotheby's International Realty's Associate Broker Rey Post (NM REC License #45660), as well as a variety of special guests who offer news, information, and commentary on current real estate, business, and community issues, important to homeowners, buyers, and sellers. The “All Things Real Estate” (ATRE) radio show meets the standards established by the New Mexico Department of Health as an “essential business” (radio/media services), as defined in the state’s March 23, 2020, and November 13, 2020, public health emergency orders relating to the presence of coronavirus. As such, ATRE is committed to bringing timely and informative content to the public from some of the nation’s best business, non-profit, community, and real estate leaders. The guest commentators on this week’s show are emblematic of the quality of professionals who have helped to make ATRE a destination that people from all over the country turn to each Sunday. In the 1st hour of the show, join Rey and his guest co-host – Tom Simon, Professional Community Association Manager and owner of homeowner association management company, Westgate Properties, LLC – as they review a variety of real estate and community issues that are being impacted during our ongoing COVID-19 days. Listen to the 1st hour Community Association Management Update (2nd Hour): Tom will reflect on the show’s Thanksgiving theme, and offer observations and discussion on the role that title companies play in purchasing a home in a condo association or HOA with the President of Santa Fe Title, Mr. Steve Riemann, https://www.sftitleco.com/contact-us/. Tom will also welcome regular guests HOA and Condo Association legal specialist Lynn Krupnik, principal attorney at Krupnik and Spies (https://krupniklaw.com/) and insurance specialist Vince Marciano, principal owner of ADV Insurance (https://advinsuranceagency.com/). This will be another information rich environment to add to your understanding about common interest communities. Listen to the 2nd hour
The Disclosure Mine Field
Tune in to All Things Real Estate and join WestGate Properties owner Tom Simon for a discussion on HOA and Condo Association Disclosures. Long time contributor Lynn Krupnik will be with Tom for the full hour as they discuss the "disclosure" minefield and the things that any buyer should look for when purchasing a condominium or home in an HOA. In the 1st hour of the show, join Rey and his guest co-host, Tom Simon–Professional Community Association Manager and owner of homeowner association management company, Westgate Properties, LLC–as they use the upcoming holiday of Halloween to inspire their discussion on a variety of real estate and community issues impacting homeowners, buyers, sellers, and renters. As we all know, Halloween is a holiday celebrated each year on October 31st. The tradition originated with the ancient Celtic festival of Samhain when people would light bonfires and wear costumes to ward off ghosts. In the eighth century, Pope Gregory III designated November 1st as a time to honor all saints. Soon, All Saints Day incorporated some of the traditions of Samhain. The evening before was known as All Hallows Eve, and later Halloween. Over time, Halloween evolved into a day of activities like trick-or-treating, carving jack-o-lanterns, festive gatherings, donning costumes, and eating treats. Given that the holiday is important to many homeowner, buyer, seller, and renter families, Sunday’s ATRE show will give some focus to planning for the event in a safe and secure fashion, as we continue to deal with coronavirus. Rey and Tom will also apply the theme of the holiday to share suggestions on how consumers, and real estate professionals, can avoid “scary” occurrences that can occur in home buying, or selling activities, as well as in neglected home maintenance. Listen to the 1st hour Listen to the 2nd hour
Funding Capital Improvements through a Bank Loan
When associations have capital needs, there are three options for obtaining funds:
- Use existing reserves.
- Approve a Special Assessment.
- Borrow the funds from a bank.
Director as Fiduciary
Fiduciary Duty results from a director’s responsibility for making decisions on behalf of others. This duty requires that the director act in the best interest of the association using ordinary care and good business judgment. If a director makes decisions with this level of care, he/she will generally not be personally liable if sued. The New Mexico Non-Profit Corporation Act states that a director shall not be personally liable for any damages resulting from actions taken unless the director has breached or failed to perform the duties of his office and the breach or failure constitutes willful misconduct or recklessness. (Paraphrased from 53-7A-3.F) Unfortunately, this doesn’t stop people from suing directors, thus the need for Directors & Officers Insurance. The director also owes a duty of undivided loyalty and honesty, which is why a prudent one avoids conflicts of interest as much as possible. Avoiding a conflict of interest altogether is impossible because the director is also a member of the association and is affected by budgetary and other decisions it makes. However, if a director relies on the recommendations of its manager and other experts, it goes a long way to avoiding the risk of being accused of acting in its own interest. If prudence and rational decision making results in a threat of a lawsuit, you or your manager should contact your association attorney and directors and officers insurance carrier so they can assist you in managing a prudent reply. Learn more about these and other topics at WestGate’s HOA/CONDO Seminar, which starts at 11:30 AM on Sunday, June 26th at Quail Run on 3101 Old Pecos Trail. Contact Tom Simon to be added to the mailing list: tom@westgatepm.com. Tom is a Certified Manager of Community Associations and Association Management Specialist and owner of WestGate Properties LLC.
Solving the Number 2 Problem at HOA and Condo Associations
An important consideration when writing Rules and Regulations for a Condominium or Homeowner Association is whether or not that Rule and Regulation can be enforced. The “number 2” problem is of course, owners who don’t clean up after their dogs. Poo Prints, a firm based in Knoxville, Tennessee has now solved this problem through the science of DNA. Many communities already require pets to be registered with the association where they live. Using PooPrints, the association manager simply swabs the inside of the pets’ cheek and sends the swab off to the DNA testing lab where the sample is registered on the World Pet Registry. Once registered, this information is available to the dog owner if his or her canine friend is ever lost or stolen and they need to prove ownership. The information is also accessible to the community manager. If a registered pet poops in the common area and its human companion doesn’t clean up the mess, the community manager takes a sample of the poop and sends it to the Bio Pet Vet Laboratory in Knoxville where the DNA from the poop is matched to the DNA sample from the cheek swab and the match reported to the manager. Once the “poopetrator” has been identified, the manager sends a bill that covers the cost of the test and a fine to prevent future infractions of the rule. Communities who have implemented this program report a dramatic reduction in what Stephen Colbert reports as Public Enemy Number 2 (Colbert Report for Tuesday, June 19, 2012). For more information about this unique solution contact me at tom@westgatepm.com and I can assist you or your manager in setting up this program in your community. You can obtain more information about PooPrints at www.pooprints.com and about the Pet Registry at www.dnaworldpetregistryc.om. Tom Simon is a Certified Manager of Community Associations (CMCA), Association Management Specialist (AMS) and Professional Community Association Manager (PCAM) and Managing Member of WestGate Properties LLC
Board Secretary – Board Agenda as a Time Management Tool
I have seen many different types of agendas in my 22 years of managing association from no agenda at all to the emailed agenda sent the day of the meeting or the agenda that’s delivered at the meeting. Although I’m guilty of having prepared such agendas myself in the olden days, none are considered a Best Practice.
Delivery: The agenda should be distributed well enough in advance of the meeting to give board members a chance to review it and request additions or changes. 3 to 5 days is a good rule of thumb. This will give members a chance to advise the secretary if there are additions to the agenda and will give members a chance to prepare for the agenda item.
Timed Agenda: The agenda heading should have the start and end time for the meeting and each line item should have a start and end time in order to communicate to members what is expected. A member that needs more time for a line item should communicate this to the secretary well in advance of the meeting. If it’s 6:20 PM and you’re still on an agenda item that was supposed to be finished by 6:05 PM then the chair needs to take some action. Either table the issue and move on or ‘call the question’ and vote.
Agenda Approval: The members have had a chance to review the agenda and time allocations in advance. The chair opens the meeting and one of the first items is approval of the agenda. Are there any additions or changes? “Hearing none, the agenda is approved.”
By providing plenty of time for members to comment on the timed agenda and getting approval for the agenda at the beginning of the meeting, the chair has the tools necessary to move the meeting forward without stepping on anyone’s toes. If someone is using too much time, the chair can say, “thank you for your comments, we are about to exceed the time allocation, do we need to table this topic until the next meeting or are we ready to call the question (meaning stop debate and vote)?
If you would like a sample board agenda, please contact me at tom@westgatepm.com.
Tom Simon is a Professional Manager of Community Associations (PCAM) and owner of WestGate Properties LLC, a management company based in Santa Fe, New Mexico
Committees: The Farm Team for Condo and HOA Board Members
Just as great baseball players are first groomed in a farm team, community board volunteers are developed and groomed in committees. Therefore, a board that is concerned about finding quality board volunteers should take the long view and develop a plan that establishes committees that are relevant to the operations of the community. Often times, committees revolve around the community amenities such as a swimming pool, tennis court or golf course. They are also organized around business processes such as capital reserves, finance, insurance and maintenance. Each committee should have a Committee Charter that defines its purpose and assigned tasks. Once you have this, it is easier to recruit a volunteer for a committee that has a clearly defined mission and tasks in their area of interest. As committees become an established part of the culture of the community, it will be easier to identify and recruit board members from the committee “farm team.” Able and dedicated committee volunteers make the board work easier as the board concerns itself more with reviewing recommendations of the committees rather than doing the work of the committee. Another benefit is the cost savings that can be realized by reducing the work load of your manager and therefore the fees that the management company charges. Keep in mind that committees can also increase the work load of the manager if committee members are not willing to do the often time consuming work defined by its charter. When productive committee members are doing meaningful work that benefit their community, interest in board membership is a natural next step. Tom Simon is the Managing Member of WestGate Properties LLC and is a Certified Professional Community Association Manager® (PCAM®)
Condo & HOA Taxes
Although condo associations and homeowner associations are registered as non-profit corporations at the New Mexico Public Regulation Commission (PRC) these entities still need to file a federal tax return. Most residential homeowner associations and condominiums will file using the Form 1120-H. The 1120 is for corporations and the “H” means that it’s a condominium or homeowners association. The Form 1120-H is a relatively simple form to complete. 60% of the association’s gross income for the tax year must be “exempt function income” and 90% of the expenses must be to “acquire, build, manage, maintain or care for its property.” Non-exempt income is taxed at a flat rate of 30% after the first $100.00. In the lovely terminology of the IRS, non-exempt income is any income that is not exempt function income. Examples include bank interest, income from concessions or from rental of common facilities. Like other commercial entities, the form is generally due to be filed by the 15th of the 3rd month after the end of the tax year. Remember that many associations operate on a tax year other than a calendar year. Note that the rules require that 90% of the exempt function income must be to “acquire, build, manage, maintain or care for the property.” What about the income that is not used that year but saved for projects in future years? In order to avoid being taxed on this income, you must segregate the funds into a Reserve Fund to use in future years. Most CPA’s recommend that this be documented in case you need to prove that such segregation of funds was authorized. Either there should be a Board Resolution that states that the funds shall be segregated or your budget should reflect that the funds are to be segregated. These tips are meant as a reminder that there is tax work to be done for your association and are not to be relied upon to file your tax return. The right thing for your community is to consult a tax professional for advice on your specific situation. Tom Simon is the Managing Member of WestGate Properties LLC and is a Professional Community Association Manager (P-CAM) certified by the Community Association Institute
Annual Condo Association Meetings
This is the time of year that many community associations hold their annual and budget meetings. Annual Meetings give owners the opportunity to vote for board members and typically to ratify (but often times not approve) the annual budget. There are notice provisions for the annual meeting that must be strictly observed. Among these, notice must be provided by U.S. Mail. Email notification of an annual meeting does not constitute official notice. There is also a quorum requirement which, if it is not met, official business cannot be conducted. The New Mexico Condominium Act holds that “unless the bylaws otherwise provide, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.” So, if there was a quorum at the beginning of the meeting then there will be a quorum throughout the meeting regardless of how many people leave. In a condominium association, the board typically provides a copy of the budget at least 14 days and not more than 30 days before the meeting called to consider the budget, which is usually the annual meeting. The method by which budgets are ratified in a condominium is one of the more difficult concepts for many condominium owners to understand. The New Mexico Condominium Act holds that “unless at that meeting a majority of all the unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present.” In other words, so long as proper notice is given, any number of owners can show up at the meeting and the budget will be ratified unless rejected by a majority of all unit owners, not just those at the meeting. Most community associations are structured to provide the board with most of the authority and responsibility for making decisions on behalf of unit owners. It is important to attend your annual meeting and take the process of board elections seriously because decisions made by the board will have a direct effect on your life and finances. Tom Simon is the Managing Member of WestGate Properties LLC, specializing in multi-tenant commercial and community association management.
Why Hire a Certified Association Manager?
Just as the level of experience and education make a real difference in the ability of a real estate licensee to serve their client, and the commitment that Realtors make to high ethical standards adds tangible value to the service they provide, so too does the credentialed professional association manager add tangible value to the association they manage. A property manager is responsible for finding tenants for commercial or residential properties and for maintaining the property to a high standard of care. The Association Manager is responsible for a scope of work that includes: Facilities Management, Association Communications, Community Leadership, Community Governance, Risk Management and Financial Management. The Professional Community Association Manager (P-CAM) requires a minimum of 5 years management experience, course study in all of the topics mentioned, culminating in a 2 day intensive inspection of a community association, followed by written responses to 10 questions about the community that results in a 80 to 100 page case study analysis that will, by most accounts, take more than 100 hours to complete over the 30 day period allowed following the property inspection. The value to a community association of hiring an experienced credentialed professional association manager is to reduce delinquencies, improve the appearance of the property through better maintenance decisions, reduce board burn-out, improve financial management and perhaps most valuable, establish “best practices” that will reduce conflicts between unit owners and board members, improve the quality of decision making and reduce management errors that inevitably lead to lawsuits, higher insurance costs and community malaise. Hiring a credentialed professional will improve the quality of life and real estate values. The sage said that “you can’t buy happiness.” You can invest in the happiness and peace of mind of a community by hiring the right credentialed professional to run it. Tom Simon owns WestGate Properties LLC, is a credentialed professional association manager, currently spending 3 ½ hours per day writing his P-CAM Case Study. Deadline: Midnight, 11/15/2011
How Boards (Should) Operate
Consider the following situation: A committee in a condominium association made a recommendation to the board to raise dues 5%. A committee member felt strongly that the dues should have been raised more and circulated a letter to all unit owners titled “Reality Check” that recommended a 10% increase and that anyone who can’t afford this should consider selling their unit and moving elsewhere. He felt strongly about his position, argued it forcefully in the committee but when he lost the debate he brought his argument “to the people” hoping to shape the final board decision. The board terminated his committee membership and established a set of Rules for Service that all future committee and board members must agree to prior to serving. Among other things it requires members to support the decision of the group once a decision is made. Community associations exercise democracy at its most fundamental level and it’s important that board and committee members understand how to work together as a decision making body. The need to leave your self interest out of it is obvious to most. The more common problem is how to reconcile competing views of what it means to serve in the best interest of the whole community. Consolidating different points of view into a final decision is the essence of leadership and the reason that a decision making process exists using rules of order and specialized board roles. Future columns will address how these responsibilities are allocated, how the members work together to serve the best interests of the community and how a board works with a management company to implement its decisions.
FHA Elibibility Madness
FHA was formed in 1934 to create a national financing system by insuring mortgages for a fee paid by the lender. The insurance is only available if the loan meets certain requirements. At least 30% of mortgages are insured by FHA so their guidelines are important and are shaping the way condominiums conduct business. Recent changes the eligibility rules make it more difficult and even unlikely that a condominium will be eligible for FHA financing. Here are some of the new requirements:
- FHA requires that at least 50% of condos must be used as primary or secondary residence.
- Vacation rentals are no longer considered a secondary residence. Now a secondary residence is defined as a dwelling where the mortgagor maintains a part time place of abode which is not a vacation home and a person may have only one such secondary residence.
- New rules regarding fidelity insurance will add significant expenses to the budgets of the association who will pay for their own plus the management company insurance through costs passed onto the association directly or through increased fees.
- A Certification is required, signed by an association representative, that states, in part, that the project meets all state and local condominium laws and all FHA condominium approval requirements, whether there are circumstances that may have an adverse effect on the project or cause a mortgage to become delinquent, including but not limited to construction defects, substantial disputes or dissatisfaction among unit owners about the operation of the project or the owner’s association; and disputes concerning unit owner’s rights, privileges, and obligations. The submitter must also agree to inform HUD of any material changes after approval.
A Sound Idea—Noise in Condos
Noise is a concern for every resident and because you live in a community, it’s important to understand that some degree of noise is to be expected. At the same time, residents need to consider the consequences of their noisy behavior. To keep everyone happy and maintain civility among neighbors, the association asks that you take a few steps to reduce or eliminate annoying noise. Be kind and respectful. A little common courtesy makes a big difference. Keep your music and television at reasonable levels, do your vacuuming before bedtime, and before remodeling, check with the manager about acceptable hours and days of the week that work can be done. If you put in hardwood or tile flooring, use a sound-reducing underlayment. Move your noisy appliance away from walls and put sound-absorbing material underneath before your neighbors complain. Keep a log. If you’re disturbed by a noise problem, note the times and the nature of the noise. Ask the manager to listen and verify the noise as well. There may be a pattern in the noise that can be adjusted. Visit your neighbor. If your neighbor is the source of the noise, try a friendly chat. Sometimes people just don’t realize how noise is affecting others. People are usually considerate once they realize they’re disturbing others. And, if your neighbor knocks on your door, listen politely and be willing to made changes to reduce your own noise. Contact the manager. If a polite request doesn’t change your neighbor’s noisiness, it may be time to ask the manager for help. Have your noise log ready, including attempts to solve the problem yourself. Reducing noise sounds like a good idea. A quiet, peaceful community, relatively speaking, is a happy community.
WestGate Properties LLC, a division of Sentry Management
508 W. Cordova Rd.
Santa Fe, NM 87505
Tel: (505) 995-3134
Fax: (505) 982-4626
Email: communitycare@sentrymgt.com
After Hour Emergencies
(505) 995-3134
and follow the voice mail prompts.
The person on-call will be notified.