One of the favorite news stories that the media likes to run (and run and run and run…) is anything that has to do with an HOA/condo and someone who is in the military, has a family member currently serving in the military or is a veteran. This usually has to do with flags or symbols that the person wants to display that somehow violates the documents of the association.  In most cases the association is technically in the right, as with the woman who put a flagpole outside of her condo unit in support of a relative serving overseas - that was common area and she had no right to “take” a portion of the common area for her personal use; or the association that prohibited free-standing items outside the home, denied a flag pole to the veteran who requested permission to install one and when he went ahead and installed it anyway threatened to sue him – a WWII Medal of Honor winner; or the association that prohibited any signage in windows that were visible from the street and threatened to sue a woman for her “blue-star” emblem (indicating a family member on active duty).  In almost every case the association was correct in it’s interpretation of the documents and in EVERY CASE  IT DIDN’T MATTER!

When the owner was fined or threatened with a lawsuit by the association, they went to the media and before you could sing the first verse of “God Bless America”, the board and association was reeling from negative articles which on the internet was followed by comment after comment condemning the association’s actions.  In some cases, state legislatures began drafting laws to prohibit any enforcement action by an association when it came to flags or emblems.  One after the other, the associations caved, but not until they’d given a bad name to associations everywhere.

Veterans are not above the law, or the rules, but when it comes to matters they consider patriotic, they basically believe their service gives them rights that override all rules.

I could say, you need to use some common sense when dealing with veterans, the military and flags, but rather than wasting a lot of time, let me just lay out what every association should do, not just consider, but do.

First, if the association doesn’t have a flag of its own flying by an entrance, clubhouse or prominent common area, get one.  Get a good pole, flag and light it so you don’t have to take it down at night.  If someone in your association has lost a close family member in Iraq or Afghanistan,, dedicate it to them, with a plaque and ceremony when it’s first raised.  Maybe you have a veteran who’s donated a lot of time to the association, then dedicate to him or her.  Make it special.

Next, Federal law says people in associations can fly the American flag on specific holidays – make sure that, at a minimum, you are complying with this law. Set standards for size, brackets, pole length, etc., but don’t think your documents supersede this law. (Size does matter – those huge auto dealer flags create a ton of noise.

If someone wants to fly their flag 24 hours, it has to be lit.  As long as the light doesn’t bother a neighbor, and is attached to their utility box, who cares? But see the note on size, large flags make more noise and can bother neighbors. Let the owner know that if the flapping bothers neighbors, they’ll have to take it down at night.

If a veteran, or someone who has a child or close relative in the military wants to fly the service flag, let them.  Just tell them to use the same pole.

Why does it bother anybody if someone wants to fly the American flag every day? I don’t think you could find a single person in this country who would think that the daily presence of American flags devalues the homes in the association. Think seriously about removing any time restrictions.

If you have a covenant, bylaw or rule that prohibits putting items in windows, exempt blue and gold-star mothers.  Blue Star Mothers have a child that is or has served in the military.  Gold Star Mothers have lost a child in active service. Do not EVER get between a Gold Star Mother and the emblem she places in the window.  My nephew was killed in Afghanistan last fall and his mother would take out the entire association before she would take that gold star emblem down.

There will always be people who say that the flag, etc are just symbols – that true patriotism resides in the heart.  I happen to be one of those, but the media isn’t.

And it’s not just flags – I’ve seen a couple of dozen stories this year where some guy breaks a rule and when they get fined or receive a nasty letter from the association, they run to the press, and in the first paragraph, it will be pointed out that the guy is a veteran, who served honorably during such and such a war, or was wounded.  It is meant to imply that somehow this person should be treated diferently than the other residents in the association – that somehow they are entitled to ignore those things that they choose to.  One has nothing to do with the other, but you come away from the story feeling that somehow he was wronged, even though he was probably in the wrong.  This is a tougher one to deal with.  I got a call from a local paper one day about a story where a man had broken some association rule and was playing the veteran card.  I replied that I believed most veterans were honorable people, who, when they gave their word, as this owner had when he moved into the association and agree to abide by the rules, would keep it.  I commented that I would hate to think that such a veteran could do anything “dishonorable”.  The paper didn’t print my comments, but also dropped the veteran angle when the story was printed.

If someone pulls the “veteran’s card” on you, it doesn’t mean they have an automatice right to whatever they want.  It does mean that you have one more side issue to deal with and to tread carefully.  Make sure any statement thanks them for their service while pointing out why you took the actions you did.

Being a veteran is extremely important to some people.  To many, their time in the service was the most important and exciting thing they did in their life.  My father was such a man, a Navy veteran who served during WWII and Korea.  He kept a flag flying 24 hours at his house, visited schools on Memorial and Veterans Days, worked with local veterans organizations and charities. I’m also a Navy veteran, serving my 4 years during Vietnam.  I didn’t come home to celebrations or parades and the only benefit I’ve received is the ability to buy cheap drinks at a local AmVets post, but that doesn’t stop me from thinking, from time to time, that I served my time and deserve a break or two.  I guess its a mindset.

[Note to those developer attorneys who might actually be reading this - it would be very helpful if you didn't put restrictions in the documents with regard to these items. In fact, it might be good if the developer bought the first flag for the association]

Brought to you by Riverside Property Management via: http://communityassociationsnetwork.com/wordpress/?p=178  (678) 866-1436 or www.riversidepropertymgt.com

On behalf of CAI’s Legislative Action Committee, I wanted to alert you about an important piece of legislation we are promoting in Georgia. The proposed bill (number not yet assigned) establishes that, at the time of a foreclosure sale on residential property, the new homeowner shall take title to the property subject up to six months worth of homeowners or condominium owners association fees, if any such fees are due at the time of foreclosure.

This legislation is vital to our HOA’s and COA’s, many of which are suffering significant losses because these debts remain unpaid at the time of foreclosure. When such dues remained unpaid, every member’s property value suffers! This bill is a reasonable compromise with lobbyists for the bankers and realtors, who rejected our prior proposal. However, both of these groups maintain that they will not support any legislation that holds the purchaser responsible for any outstanding homeowner’s association fees.

Our advocates at the Capitol have asked that we reach out to our legislators and ask for their support of this important bill. Please call and email the Chairmen of the House and Senate Judiciary Committees, whose information is provided below.

Please also reach out to your local Representative and Senator, whose contact information can be located by typing your zip code into this link – http://www.votesmart.org/. When you contact them, please identify yourself as a constituent and tell them you are in support of proposed legislation to protect a property owners association‘s right to collect fees due at the time of foreclosure.  Please contact them as soon as possible!

Thanks in advance for your support of this effort.

www.riversidepropertymgt.com  (678) 866-1436

Via Email from:

We are having a meeting where our homeowners’ association board is expected to ask for its third assessment in two years.

A group of residents sent letters to homeowners asking them to vote down the proposed new assessments and increased dues, and to get a new management company. What is the percentage of votes needed to stop the board from increasing our costs?

A: You always want to be careful when making statements that the management company has misappropriated funds from the association.

Such a statement needs to be made from actual facts that came be obtained from an audit. If the management company did misappropriate funds, an immediate complaint should be filed with the Nevada Real Estate Division.

Your board sets the priorities as to where the money will be spent and most of your funds are probably being used for insurance, utilities, annual financial report from a certified public accountant, management fees and maintenance contracts.

Condominium projects tend to have higher operating expenses because of the maintenance, repair and or replacement of the roofs, exterior painting and plumbing/mold/water leaks.

In addition, state law requires the association properly funds the reserve account. It would not surprise me if your association has a delinquency issue that is contributing to the financial deficit.

You need to make an intelligent decision to review a projected 2012 budget, 2011 year-to-date financial report, an accounting of the total dollars owed to the association and an estimate of how much of the debt is collectable, the reserve study – more specifically what is the projected ending balance for the reserves for 2011 and 2012 — plus the anticipated capital expenses for 2012 and monthly contractual expenses for the association for 2011 and projected 2012.

After reviewing these financial documents, you may discover that without an increase in assessments, you may have to cut services for the association to pay its regular operating expenses.

Assuming that an increase is not warranted, you would need a majority or more (look at your covenants) of members to reject the proposed budget, which calls for an increase, at a meeting in person or by proxy.

If the proposed budget is rejected, then the previous budget remains in place until a new budget is prepared by the board, to be either ratified or rejected by the membership.

If you do not have the percentage of owners to reject the budget at the ratification meeting, then by state law the budget is ratified.

Depending upon your governing documents, look at assessments and voting, you may need 51 percent or as high as 75 percent of the voting members to reject budget.

As to changing the management company, it is the authority of the board to select, hire and fire its contractors. You would need to either convince the board to make a change using membership pressure or elect new board members who would make the change.

Source: http://ping.fm/8LRO5

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From: http://ping.fm/y39yX

A good HOA must be careful not only to repair what is visible, that is, what is on the surface, but most of all, a good HOA must make sure that everything on the property under its care is working properly . It is dangerous to have something that looks good only on the surface, but is falling apart inside.

There are plenty of things to monitor in the Home Owners Association. Landscaping to construction signs, everything should flow correctly to avoid possible dangers.
Landscaping can be expensive, especially if there is no ongoing maintenance done to the land. If the grass is sick and is not known until the disease has spread across the lawn, for example, would be a costly and time consuming expense, but if monitored money will be saved.

The signs around the property must be well maintained because they are easy to discolor, warp, or seem spent. The maintenance of the signs of the property would not only make it easier for visitors, but also help give your property a nice and clean curb appeal.

What about the amenities you have in your property, such as exercise equipment and maintenance such as clubhouse, swimming pool, etc? Keeping everything in proper order is extremely important. This encompasses working not only keep your residents happy but also to prevent potential lawsuits.

Board members and committees could help the Homeowners Association to be on top of things by requiring periodic inspection reports on a monthly or quarterly basis. The use of a form that lists the things needed to be documented can help ensure that everything on the property is monitored correctly and that necessary repairs are carried out expediently.
Homeowners love living in an HOA community when they have confidence that the HOA will make their life more comfortable. The board, management company and the community must work together to ensure  that you have a community of happy residents, free from any threat of lawsuits looming on the horizon.

# # #

1. Stay engaged.  Avoid Side Conversations and other distractions
2. Listen with an open mind.  Try to understand others’ perspectives
3. Consider two or more alternatives simultaneously
4. Don’t debate-discuss
5. Separate facts and opinions: Discuss the facts. Vote your opinion
6. Address interests, not positions.
7. Move the deliberations forward.  Don’t repeat what has already been said.
8. Judge ideas, not people.  Phrase feedback constructively.
9. Identify options on which the group can reach consensus, but don’t minimize legitimate disagreements.
10. Consider the interests of the community as a whole.

Appoint Your 2012 Budget Committee Now

Atlanta, Georgia–With the first quarter quickly approaching, it’s “drop-dead” time for budget planning for Atlanta business community associations and homeowners associations. A tip to help with the process is to utilize a properly run budget committee. The budget committee is comprised of members of the community association, which enables residents to have a say in how their money is spent. How does the budget committee work and who serves on it?

The Treasurer’s and Accountant’s Roles
It makes sense for the board treasurer of your Atlanta community association to chair the budget committee. As chair, it’s the treasurer’s job to keep everyone on track as the budget is prepared. The treasurer also presents the budget for approval to the board and members. If your community association works with an accountant, he or she may offer consulting, but the accountant really has no significant role in the process of devising the budget.

Who Should Be on the Association’s Budget Committee?
The owners who serve on the budget committee should represent a cross-section of your Atlanta community association. Of course, if there are members willing to serve who have expertise in areas such as insurance, landscaping, contracting,  that’s even better. When it comes to size, a good general guideline is that the committee shouldn’t be so large that it becomes unwieldy.

What the Budget Committee Does
The treasurer of your Atlanta community association should make sure that all committee members understand the three basic components of the budget:

1. Non-Discretionary Operating Expenses. Funds needed for daily operation of your Atlanta  community association, such as common area electricity and water, landscaping maintenance, Atlanta association management, insurance, and general maintenance. These expenses are either contractual or can be reasonably estimated based on experience. One important consideration when looking at items in the operating budget is the level of service sought by your Atlanta community association.  Do owners want a landscaper who is on site three times a week or once a week?  Do your Atlanta association homeowners want a landscaper who is a “blow, mow, and go” type, or do they want a landscaper who provides a higher level of service?  Do your Atlanta homeowners association members want a lifeguard present at your association pool for twelve hours everyday or want to allow owners to swim at their own risk?  These decisions will significantly impact the your Atlanta community association’s operating expenses.

2. Future Reserves. Funds needed to maintain your Atlanta community association’s reserves at sufficient levels are essential for preserving the value of Atlanta condominium and homeowners associations. Reserve funds provide money for the repair and replacement of the community’s assets—such as the pool, roofs, pavement, etc. and must be set aside in the budget to be able to meet future expenses as they become due.

3. Discretionary Expenses. Funds for additions or enhancements to the existing property. This is a function of what members of your Atlanta community association wants and is willing to pay for. The community should provide input and approval for this component.  For example, you may want to erect a gazebo on the common grounds or install a new water slide at your community association pool.  These expenses are discretionary and should be included in your Atlanta community association’s budget only if there is money left over to pay for them after payment of all non-discretionary expenses and reserve funding.

How to Crunch the Numbers
Armed with this knowledge, your Atlanta community association’s budget committee should be able to estimate total expenses for the coming year and compare that sum to your Atlanta community association’s potential revenue (assessments, interest on investments, swim and tennis team income, and so on). If expenses are greater than revenue, the budget committee needs to look for ways to lower expenses without compromising services. If that doesn’t balance the budget, the budget committee may have to make a tough decision—whether to increase assessments or levy a one-time special assessment.

Riverside Property Management is a Homeowners and Condominium Association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.