Steps in Pool Closing for Your HOA

Locate all your winterizing supplies.  This should include the cover, the water tubes, the plugs for the skimmers (gizzmos) and return jets and your winterizing chemicals.  You will also need an air compressor or a powerful shop vac.  You need these items for proper winterization. If you are using the green Gizzmos to plug your skimmers, check them out and make sure that they are not cracked.   This is very important when dealing with gizzmos. Gizzmos with holes or cracks will not work !

1. Backwash the filter very well to clean it out.   Drain DE filter tanks and leave backwash valve open.  On sand filters, unplug the filter drain plug and leave off. Put drain plug with other removed items in the pump basket. Make sure multiport valve has no water in it. Blow it out with a compressor or shop vac if necessary. Please note that it is not recommended to “acid wash” DE filters at the time of the pool closing.  This is best to do in the Spring so that you can immediately run pool water through the system.  It is not good to use muriatic acid on a DE filter and then just rinse it off and put it away.  The acid may degrade the filter parts over the winter.
   
2. Disconnect your pump and filter.  Make sure that pump is totally drained out of any water. Turn pump upside down once to make sure !   Remove any drain plugs from the pump.  It is a good idea to store any small plugs or parts in the pump basket.  This way you will be able to find them easily in the Spring.
   
3. If there is a heater, drain it and make sure there is no sitting water inside.  Blow it out with a compressor or shop vac. Drain heater totally and remove all drain plugs (if any). Put drain plugs in the pump basket for safe keeping.  We do not recommend to remove the heater tray.  You can remove it if you want, but you may have trouble putting it back in the Spring.  It is not necessary on most units.
   
4. Unscrew and loosen any quick disconnect fittings or unions at your pump and filter system.  Remember, the name of the game is “no freeze cracks”.  If the water is all drained out of your pipes and fittings, it cannot freeze and expand and crack.
   
5. Remove all return jet fittings ( the entire fitting ! ). If you crack a fitting while removing it, don’t panic!! You can get a replacement come Spring.  Remove all skimmer baskets. Put fittings and any other items that you remove in one of the skimmer baskets or the pump basket to avoid loss ( this includes the dive board bolts too ).
   
6. Blow out all return jet pipes using an air compressor or shop vac. Hook up air compressor or shop vac to the return lines at the filter system – or – some people prefer to screw the compressor fitting into the drain plug of the pump.   This will give a good seal and allow you to blow out the entire system from that one spot – but this is up to you.  Keep the air blowing until the air bubbles start to become visible from the return jets in the pool.   Put a plug in the fitting under the water when you see the bubbles blowing at full force. This will mean that 99% of the water is out of the pipe.  Make sure plug is in tight ! This is most important.
   
7. Blow out all skimmer (suction side) pipes in a similar fashion as noted in #7. Put a Gizzmo-type screw in plug in the skimmer when bubbles start to become visible. We know that this is sometimes difficult, but proper gizzmo installation is important. Make sure that you put PTFE tape on the gizzmo threads before installing. This insures a tight seal. If you don not want to use Gizzmo plugs and want to use black rubber-type plugs instead, that is OK as long as there is something in the skimmer to allow for water expansion when it freezes. Usually a closed plastic empty soda-type bottle will work. This is very important !  Do not just plug the skimmer lines and forget about them.  Water can easily freeze in a skimmer and crack the plastic.  This would be bad !  Also, if you have a slide, an auto vac system or a waterfall, you will have to drain and blow out those pipes as well. Remember – we do not recommend putting anti-freeze type products in the pipes.  You will not need it if the lines are properly blown out.  The anti-freeze can cause a mess in the Spring when you go to start your system and it gets sucked into your filter and blown back into the pool.  Try to avoid antifreeze – if possible – by properly evacuating all the water from the pipes.
   
8. Blow out main drain line (if any). No, you don’t have to dive down and plug the drain pipe. When you see bubbles coming out of the drain, plug the pipe on your end or close the gate valve. This is as much protection as you can give to a main drain line.  By doing this you will cause an “air lock” in the line and no more water should enter the pipe from the pool side.
   
9. Put duct tape on all exposed pipes to prevent anything from getting into them. Use a lot of tape, it’s cheap !
   
10. Remove rope and floats from pool and put with the rest of the supplies.
    
11. Remove dive board and ladders. Put in a safe spot – a shed or the garage.  Put the pump and filter in the shed or garage as well.  You probably are not going to want to move your filter if it is a sand filter.  You can leave that outside !  Remember … do not lose dive bolts or ladder bumpers. Put them in the skimmer or pump baskets.
    
12. Mix any granular winterizing chemicals in a bucket so that they are totally dissolved. Dump mixture into the pool. You want to avoid any undissolved granules from settling on the pool floor and staining the liner. This is very important. If you are using any liquid winterizing chemicals, pour them in the pool as well.  Test the pool for pH and Total Alkalinity.  Adjust to normal levels using pH PLUS or MINUS and ALKALINITY PLUS.  pH should be between 7.2 – 7.6 and Alkalinity between 100-150 ppm.  Make sure one of your winterizer chemicals consists of a SHOCK-type product.  You want the chlorine level in the pool to be rather high (over 3.0 for wintertime).
    
13. Water level.  This is an area of a little controversy with some people, so we are going to tell you how they close the pools in New York & the Northeast.  You do not have to drain any water out of the pool provided that you have properly blown out and plugged all your underground pipes as outlined above and you do not have a pool that has decorative ceramic tiles at the water line.  Some people are used to their pool being drained down past the skimmer. This is usually done instead of blowing out the pipes and using gizzmos. Realize that the higher their water level is through the winter, the better it is for the pool cover. Pools that are drained down low cause a lot of undue stress on the pool cover thereby shortening its life – as well as exposing the pool liner to the air and causing it to prematurely dry out. The use of gizzmos prevents the skimmers from cracking, plugs the pipes and allows the water level to remain high for the cover so that rain water does not cause a lake on top of the pool cover – possibly causing it to fall in. We feel that the way we have stated to close a pool is the proper way.  You really only have to drain the water down in a pool if it has tile at the water level because the surface water will freeze and expand over the winter and this could cause those tiles to crack.  Aside from this situation, we feel that there is no valid reason to lower the water in the pool.  Also, you do not have to remove or “lower” the pool light provided that you keep your water at the normal level.
    
14. Place the cover on the pool. If there are rips or tears in the cover that are repairable, patch them with either vinyl pool patch (for vinyl covers) or with pool cover patch tape ( for lightweight covers) or with a heavy duty duct-type tape. Remember, if your cover was declared legally dead a few years ago then patching probably is not the right thing to do !  It is probably time to get a new cover.  If there are sharp points that extend into the pool, like step units or “ELS”, then it is a good idea to put rags or cardboard between the cover and the points on the pool which extend out.  Do this right or the cover may rip on those stress points.
    
15. If you use water tubes, lay out the water tubes, placing them through loops on cover. Fill tubes with water to approx. 85% and tightly seal all tubes. Do not overfill the tubes – when they freeze you do not want them to expand and split.  Tubes should ideally be touching each other end to end. However spacing them one (1) foot apart is OK. If you find that tubes are leaking do not fill them. Replace them with new.  It is not a good idea to patch the old tubes unless you absolutely have to.  Remember…do not overfill tubes. They should not be totally filled with water. Allow enough slack in the tube for water expansion !

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1. Locate all your winterizing supplies.  This should include the cover, the air pillow, the plugs for the skimmers ( gizzmos or rubber plugs ), the winter plate ( if used ) and your winterizing chemicals.  You need these items for proper winterization. If you are using the green Gizzmos to plug your skimmers, check them out and make sure that they are not cracked.  This is very important when dealing with gizzmos. Gizzmos with holes or cracks will not work !
   
2. Backwash the filter very well to clean it out.   Drain DE filter tanks and leave backwash valve open.  On sand filters, unplug the filter drain plug and leave off. Put drain plug with other removed items in the pump basket. Make sure multiport valve ( if any ) has no water in it. Blow it out with a compressor or shop vac if necessary. Please note that it is not recommended to “acid wash” DE filters at the time of the pool closing.  This is best to do in the Spring so that you can immediately run pool water through the system.  It is not good to use muriatic acid on a DE filter and then just rinse it off and put it away.  The acid may degrade the filter parts over the winter.
   
3. Plug return pipes and skimmer (see #5 for skimmer details  and remove all hoses.
   
4. Disconnect your pump and filter.  Make sure that pump is totally drained out of any water. Turn pump upside down once to make sure !   Remove any drain plugs from the pump.  It is a good idea to store any small plugs or parts in the pump basket.  This way you will be able to find them easily in the Spring.   Store in a shed or garage.
   
5. Some people like to remove the skimmer box and install a winter plate with gaskets.  If you do this, make sure it does not leak.  Yes, you will get wet doing this !  Most people simply plug the skimmer hole with a black rubber plug or a gizzmo.  It is easier.  You can let the water in the pool go down to the bottom of the skimmer if you like – then you do not have to plug the hole at all.  This method is also OK, but realize that the pool cover will sit lower in the pool – therefore you might want to use a cover that is one or two sizes bigger than your pool so that you have the extra material available.  Any of these methods are OK – it is mainly personal preference.
   
6. Blow up and install your air pillow.  Air pillows are usually used but are not absolutely necessary.  They are a good idea in case the water in the pool freezes, expands, and breaks the pool wall. The pillow takes up the slack.  However realize that this is somewhat rare. If no pillow is available, you can use tires, tubes, balls, or other air filled floating objects.  Throw them into the pool to take up ice expansion. Tie air pillow at two places and position in center of pool. Tie strings to the pool wall so the pillow does not move during cover installation. If the pillow is leaking, either patch it or get a new one. Remember…the pillow is there to take up any expansion of the water which may occur due to freezing and possibly causing the above ground pool wall to split.  Pillows are NOT to keep the rain water out of the pool cover.  They will not do that.  The rain water will always settle around the outside of the pillow.
   
7. Remove all deck equipment from pool, if any (ladders, rails, slides, etc.).
   
8. Add chemicals. Mix any granular winterizing chemicals in a bucket so that they are totally dissolved. Dump mixture into the pool. You want to avoid any undissolved granules from settling on the pool floor and staining the liner. This is very important. If you are using any liquid winterizing chemicals, pour them in the pool as well.  Test the pool for pH and Total Alkalinity.  Adjust to normal levels using pH PLUS or MINUS and ALKALINITY PLUS.  pH should be between 7.2 – 7.6 and Alkalinity between 100-150 ppm.  Make sure one of your winterizer chemicals consists of a SHOCK-type product.  You want the chlorine level in the pool to be rather high (over 3.0 for wintertime).
   
9. Place cover on pool and secure. Make sure that cover cable wire is tight so that cover does not blow off or fall in pool. Make sure the pillow is still in the middle of the pool after cover installation. If not, reset cover and pillow.

Courtesy: http://www.poolandspa.com/

 

WHY ARE EXECUTIVE SESSIONS NEEDED?

According to the nonprofit Government Index 20,072, 74 percent of executives surveyed reported that their boards met in executive session in the last 12 months, and nonprofit with an annual budget of $ 5 million or more are more likely to use executive sessions. The most common reasons for these sessions include executive performance and / or review of compensation, personnel issues, and peer-to-peer discussions of the board. While the rationale executive session varies depending on the organization‘s culture and circumstances, some issues require more candid, confidential conversations, and thus to a more limited public (see box below).

First, the Board needs time alone to strengthen relationships and communication between board members and the chief executive. For example, board members may be reluctant to challenge the chief executive to the staff for fear of undermining his authority. In other cases, members of the Board may wish to discuss sensitive issues such as succession planning, performance of senior or executive compensation. Similarly, the chief executive may want to discuss future plans for withdrawal without causing consternation among the staff.

Second, board members need an opportunity to know and trust each other, personally and collectively. They must be able to speak freely express their concerns and explore all aspects of the problems. Executive Board meetings afford the opportunity to raise red flags, discuss opportunities timesensitive not yet be made public, and the Board to explore different courses of action. Topics include the board itself, such as board performance or participation of individual members. Other issues may warrant further discussion board there with the chief executive, as the community’s negative reaction to a recent ruling.

Third, as a governing body, the board must demonstrate and exercise their independence from the executive. For example, a non-profit board serves as a check and balance to accept the financial audit and determining executive compensation. These oversight activities the council to make decisions that are not controlled by the chief executive. To maintain confidentiality to protect the organization. The law allows boards to handle certain situations in a restricted environment. For example, if an organization has been sued, the board, executive director and legal counsel may meet in executive session to decide whether to settle the case and the terms of the agreement. Good business may also require that key strategic decisions have to talk in private. For example, if an organization is considering a merger, the board, CEO and CFO can consider the pros and cons before we talk about alternative courses of action with various stakeholders.

 

How Annoying?

When it comes to curtailing disruptive behavior inside and outside your community, don’t underestimate the power of state nuisance laws.

Imagine that your community is located in a quiet part of town, far off the highway and miles from traffic-heavy secondary roads. Then imagine that someone buys the undeveloped land down the street and builds a motocross track. From early morning until dark, bikes roar around the turns and over the jumps, filling your neighborhood—and your residents’ homes—with deafening noise. You assume that the track violates a city or county law, such as a noise or zoning ordinance—only to learn that your local municipality has no statutes that would stop the track. What do you do?

 

FIRST LINES OF DEFENSE

As our population centers expand, homeowner associations are frequently encountering the dilemma of what to do when a nearby landowner outside the community engages in conduct that is offensive to residents. And, as the distance between homes decreases, communities also must resolve disputes that occur between their own members.

Nuisance covenants and laws are most often the answer. Most states, and many cities and counties, have statutes that can help an association stop conduct on a separate property that causes it harm and inconvenience, such as excessive noise, odor, or water runoff. While these laws are also available for homeowners to use against neighbors within the association, those situations are dealt with more efficiently with the association’s governing documents.

Covenants. Indeed, your association’s documents are usually the first line of defense in the fight against nuisances within the neighborhood. A well-crafted declaration will be written as broadly as possible, with an expansive definition of “nuisance” that encompasses many different unwanted activities and allows you to deem something an outright violation without further debate. For example, the CC&Rs for the Conestoga Place Homeowners Association, in Omaha, state: “No noxious or offensive trade or activity shall be carried upon any Lot covered by this Declaration, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood.”

As with all restrictions, it’s important to provide an appropriate procedure for enforcing a nuisance provision. Your documents should detail the association’s power to hold an administrative hearing or other quasi-judicial proceeding, and also provide for notices of violation along with a grace period in which residents can stop their nuisance behavior. The CC&Rs of the Forest Ridge Homeowners Association, in Sterling, Virginia, provide: “In the first formal notice of citation, the Association shall advise the member of the nature of the violation, cite the specific provision of the [nuisance covenant] that the member has allegedly violated, specify the remedy required, and state that within thirty (30) days the member must complete corrective action or request a hearing before the Board of Directors.”

Additionally, the association should allow for an appeals process that a resident who has been notified of a nuisance violation can pursue. This is a fair and reasonable policy, and it also protects you from a possible claim of violating a resident’s right to due process—a base you’ll definitely want to have covered if one of your nuisance actions finds its way to court.

Criminal law. If your association isn’t successful in combating offensive conduct with its covenants, criminal charges might be an option—but only if the behavior rises to the level of a “public nuisance,” meaning it constitutes a criminal violation under your municipality’s body of law. Most cities have specific ordinances detailing the definition, administrative hearing process, and criminal sanctions for nuisances, and also outline procedures to help abate them. Usually, a local government official is empowered to handle alleged violations and, if necessary, to prohibit certain behavior. An Oakland ordinance, for example, states: “Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance and shall be punishable as such.” Oakland’s city manager is authorized to declare a public nuisance and to assess civil penalties administratively, and can also appoint a staff member to prosecute public nuisances and recover fines, fees, and costs.

In St. Louis, the city code offers a similarly broad definition, and also provides specific procedures to curb public nuisances: “The Director of Public Safety may initiate an administrative adjudication hearing in order to abate a public nuisance…when the person has failed to abate a nuisance within 30 days of a notice issued…. The order of abatement shall require the taking of reasonable measures designed to prevent the recurrence of the nuisance activity in light of the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the defendant has failed to take effective measures to abate the nuisance.”

You’ll find that municipal statutes leave little to chance, with ordinances also detailing the specifics of administrative hearings, such as the nature of the proceedings (including testimony and cross-examination), the recording of all hearings, and the right to seek judicial review after an order is given.

CIVIL RITES

If neither your association’s covenants nor the criminal courts succeed in stopping nuisance behavior, your final option is the civil court system. In contrast to the relative ease of relying on your governing documents or bringing criminal charges, navigating the court system can be quite challenging. Although courts routinely enforce restrictive covenants prohibiting nuisances, the time, cost, and emotion involved should make it the last resort when dealing with a homeowner in your association. Of course, if the offensive conduct emanates not from within the association, but from a neighboring property, the civil court system may be the best—and only—option.

That said, as a recent case in Golden, Colorado, demonstrates, state nuisance laws can also be a powerful weapon for an association to use in dealing with its own residents. In that case, a district judge supported a condominium association’s decision to ban a couple from smoking in their unit. Specifically, the judge found that smoking was a violation of the condominium’s declaration and was akin to playing loud music that disturbed neighboring unit owners. The judge found that, according to the declaration, “no nuisance shall be allowed…which is a source of annoyance to residents,” and that the odor from drifting cigarette smoke “constitutes a nuisance.”

It’s easy to see why a court decision banning people from performing a legal act in their own home, much less in their neighborhood, can create controversy as this decision did when it was announced in the media this past November. But nuisance provisions are unique—as both covenants and legislation. Rarely does a court allow you to stop conduct that’s otherwise legal from taking place on someone’s own property. Nuisance laws, however, typically let you obtain an injunction, along with damages, even when a person’s use of his or her land doesn’t violate any local zoning or other ordinances. In such cases, a court usually employs a standard that asks a judge or jury to determine if a “reasonable person” would find the conduct offensive. If so, an injunction may be warranted.

As the U.S. Supreme Court eloquently put it 80 years ago, in a case called Village of Euclid, Ohio v. Ambler Realty Co.: “A nuisance may be merely the right thing in the wrong place, like a pig in the parlor instead of in the barnyard.” In other words, whether something is a nuisance depends largely on context. Thus, in Euclid, the Supreme Court for the first time recognized the power of a municipality to create zones of land—zoning—in which otherwise permitted uses were restricted. Today, a court will fully examine the relationship between the nature of a particular use that is alleged to be a nuisance and its location within, or with respect to, a neighborhood. In most cases, the court conducts a benefit-and-burden analysis to assess several criteria, including the direct and indirect impact the use has on your community (and, more specifically, on your residents’ use and enjoyment of the property), any benefits it adds to the neighborhood, its negative effects, and the length of time the use has existed.

Before filing a nuisance complaint, prepare yourself by examining the relevant statute in your jurisdiction. Georgia’s nuisance statute, for example, uses fairly common language: “Nuisance is anything that causes hurt, inconvenience, or damage to another, and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.” Most state nuisance statutes use similarly broad terms that leave the determination to a judge or jury. (As a side note, in most states, a civil defendant doesn’t have a right to a jury trial when the plaintiff is asking only for an injunction. However, if a plaintiff is seeking monetary damages, the defendant usually can insist on a jury. This is an important distinction in nuisance cases, because it can be difficult to convince a local jury that people’s use of their own property should be regulated.) Some form of the “reasonableness” test is also traditionally used to qualify who would be “annoyed” or “inconvenienced” by the nuisance. As the Georgia statute makes clear, it must offend not just someone of extreme sensitivities, but “an ordinary, reasonable man.”

Thus, courts have come down against noxious odors caused by everything from 30,000-chicken poultry houses in Georgia (in 1995’s May v. Brueshaber), to a wood-burning stove in someone’s home in Nebraska (1996’s Thomsen v. Greve), to airplane fuel at a private airport, again in Georgia (1971’s Camp v. Washington). Courts have also targeted loud noise, from a radio blasting outside a window for the specific purpose of harassment in Georgia (1987’s Hardwick, Cook & Co. v. 3379 Peachtree, Ltd.), to a racetrack in Alabama (1993’s Patterson v. Robinson), to a holiday light display and the spectator traffic it generated in Arkansas (1995’s Osborne v. Power). And courts have clamped down on environmental nuisances as well, including the continuing discharge of chemicals into the ground caused by a leaking pipeline in Georgia (1992’s Hoffman v. Atlanta Gas Light Co.) and “collecting water on one’s property in a greater quantity than normal and causing it to flow into another’s land in greater quantity than before” (1950’s Cox v. Martin).

Often it’s a unique or unusual use of land relative to the surrounding area that triggers nuisance litigation. In 1999’s Superior Farm Mgmt. v. Montgomery, for example, the builders of a commercial hog-breeding facility challenged a Georgia court’s decision to stop the facility’s construction after neighbors protested such an abnormal and noxious use in their area. But the Supreme Court of Georgia found that the residents “proved to a reasonable degree of certainty that there was a substantial threat that they would be irreparably damaged, hurt, inconvenienced, or injured by defendants’ construction of the proposed swine facility.”

Not that every nuisance claim is upheld. In 1998’s Berardo v. Emro Marketing, a Michigan business owner sued a company whose service station had reported a release of gasoline that was spreading to her property. The plaintiff claimed a loss of value in her property, even though the leak hadn’t actually reached it yet. Michigan law defines a private nuisance as “the intentional interference with the use and enjoyment of the land by those entitled to the use.” The court stated that a showing of trespass is not sufficient if there is not “a showing of a substantial interference” with the use and enjoyment of the plaintiff’s property, and found that the plaintiff’s business remained successful both before and after the contamination had occurred. Because her business was virtually unimpaired by the contamination, the court denied her nuisance claim.

As new communities and new land uses are developed every day, the covenants, laws, and procedures concerning nuisances constantly evolve. Whether you’re a board member, manager, attorney, or other community leader, it’s essential that you be aware of the relevant laws in your jurisdiction. Remaining current on the changes in this ever-growing area will help to protect your neighborhood, your properties, and your residents from the hazards, injury, loss in value, and plain inconvenience that nuisances can cause.

Common Ground, March/April 2007

 

Testing for Leaks That Are Difficult to Find

Testing for Leaks That Are Difficult to Find

If you know you have a water leak, but haven’t been able to find it doing standard checks, then you may end up having to call your water supplier or an outdoor plumber. Before doing that, though, do one last run-through.

Start with a meter check. Turn all the water off that is measured by the problem meter. Wait several minutes, then check the needle. If the needle is still moving, then you still have problems and will need to check the water pressure this time around:

• Turn the stations on one by one, starting with the one closest to the main pipe where water comes into the property from the city – most likely where the meter is.
• Look at the difference in water pressure (the height and size of spray) between the station closest to the main pipe and the one next to it. If there is any difference at all, it should be a barely noticeable lessening as you go further and further back into the property. Test all of your stations this way, comparing the water pressure of one set of sprinklers with those of the station before it.
• If you have a hidden leak, at some point there will likely be a noticeable drop in water pressure. This means that some water is leaving the pipe in that station before reaching the sprinklers. If the entire station is noticeably lower, the leak is probably fairly close to the beginning of that station. If it doesn’t get lower until closer to the end, then that’s where the leak is.
• Sometimes the water gushing through pipes will be loud enough that, if your hearing is good, you can actually hear where the leak is, so try that technique too.

 

Find the Exact Location

Once you think you have a general location identified, turn the water off and take a shovel over to test the ground. These are indications that you are in the right spot:

• The ground will likely be soggy, so look for that first. Mushrooms growing in that location and nowhere else are another a potential indicator.
• You will probably have to dig down in a few locations to find the exact source of the leak. When you think you’re close, manually turn the valve that goes to that area on low. You want dribbles coming out of the sprinkler heads, not a spray. This prevents water and mud from suddenly gushing up into your face when you’ve uncovered the leak with your shovel.
• Keep digging around the area, looking for the difference in soil moisture.

When you find the leak, fix it. Then test the meter and that area (if you need to) again.

 

Final Step If Necessary

If you have tested all of your stations and water pressure seems the same, if you have found no floods and no area-specific patches of mushrooms or extra green grass, but the meter is still running when all the water is off, then you will need to call your water company.

Tell them all of the tests you’ve run and ask them to send someone out to check. If it’s an old meter, there could be something wrong with it. If it’s a newer meter, it could have been improperly installed.

If it turns out the meter is ok, your water supplier’s field staff will have special leak detection instruments that can find the leak by sound. If the leak is the water supplier’s fault they will not charge (or shouldn’t). Whatever results and whoever pays, the HOA will still have benefitted by each problem discovered and fixed in the process of locating the leak.

The HOA can benefit still further by calling for a water audit. A water audit will show you what kinds of fixtures can be retrofitted to use less water automatically, and will provide you with a landscape watering schedule tailored to your area and the types of plants you have. Some water suppliers give audits free of charge, so be sure to ask while their technicians are there.

Source: http://www.hoamanagement.com/blog/testing-leaks-are-difficult-find

 

Most condo associations need to have a cohesive and consistent collection process to thrive and not merely survive.

One of the Largest Business Condo Developments in Atlanta

Assessments are the life-blood of condo associations and HOAs.  Yet only in a very fortunate few condo associations can <a title="collection of assessments” href=”http://www.condoassociation.com/collections/tabid/88863/Default.aspx&#8221; target=”_self”>collection of assessments be left to a laissez faire process.  Most condo associations need to have a cohesive and consistent collection process to thrive and not merely survive.

This article deals not only with the process of collection of assessments, but also the philosophy of assessment collection adopted by an association.

COLLECTION PHILOSOPHIES

Whether they realize it or not, all associations adopt a collection philosophy.  Some do it unwittingly and without realizing what they have adopted; others deliberate and consciously adopt a philosophy which tailor-fits their members and the community in which they all live.  Collection philosophies run gamut from “associations are businesses and must be like businesses” to “collections are a messy matter perhaps if left alone, the goodhearted volunteers will pay enough to cover expenses.”  Most associations probably fall somewhere in the middle of the spectrum, but every association should periodically reexamine its collection philosophy.

One way of doing this is by preparing a TQM style mission statement.  A sample mission statement of collection of assessments for one condominium association might look like this:

1.                   We want to collect as close to 100% of assessments as humanely possible.

2.                   We believe in constant communication with co-owners as the cornerstone of an effective collection policy.

3.                   The collection process should provide for graduated sanctions for untimely payments.

4.                   The collection procedure must be clearly and often communicated to all co-owners before there are delinquencies.

5.                   The collection procedure must be written and made a part of the governing documents of the condominium.

6.                   The collection procedure must be enforced in a consistent and uniform basis.

7.                   Co-owners must be treated with respect throughout the collection process.

This “mission statement” is for illustration only and not to promote any particular philosophy.  But it is important for the association to look at itself and its members and put some thought into a mission statement or philosophy that both suits its members and will result in effective collection of assessments.

The centerpiece of an effective assessment process is an administrative resolution setting forth the association’s policy on collection of delinquent assessments.  Enacted by the Board of Directors and promulgated to all co-owners, the administrative resolution in sometimes incorporated into the Condo Association’s Rules and Regulations.  In either form, it is the association’s written statement of assessment enforcement practice.  Its purpose is simple: to communicate to all owners exactly what actions the association will take to pursue delinquent assessments.

Since assessment resolutions will differ as associations’ policies on assessment differ, there is no one universal resolution.  A generic assessment resolution might provide the following:

1.                   Assessments are due on the first of the month.

2.                   After a 10 day grace period, late charges apply.

3.                   A notice of Intent to Lien is sent to owners more than 30 days delinquent.

4.                   A condominium lien is recorded against any unit owner more than 45 days late.

5.                   Acceleration of all assessments to end of fiscal year (if allowed in condo documents) for delinquencies of more than 3 months.

6.                   Lien foreclosure is directed for delinquencies of more than 4 months.

7.                   After institution of lien foreclosure action, all payment plans or settlements require board approval.

What is critical is that the resolution be memorialized, enacted by the Board, disseminated to all owners, and most important, that it be timely and consistently enforced.

ENFORECMENT MECHANICS

Notice of Intent to Lien.

The Notice of Intent to Lien is normally sent to the delinquent owner by the management company or, if the Association is self-managed, by the Association Treasurer.  It serves as both a warning regarding the imminence of liening the unit and the final non-legal request for the co-owner to become current in payment of his assessments.

Lien recording.

The recording of a lien against the condominium unit is the most important action the association can take.  It secures payment of the delinquent assessments and acts as a “wake-up call” for the delinquent owner.  Because the Condominium Act sets forth strict and explicit requirements for a valid condominium lien, the preparation, recording and service of the lien is best handled by the association’s legal counsel.

The condo association and/or its management company can facilitate the lien preparation process by ensuring that each owner’s unit file contain certain essential information, including: (1) Unit number; (2) Copy of the owner’s deed; (3) Mailing address for owner of record (particularly if a non occupant owner); (4) tax identification number for the unit; and preferably (5) a clear unit ledger reflecting assessments, late charges and legal cost separately and identifying any payments maid by the owner as well as the current balance.  Once prepared by the lawyer for the association, the lien must be timely recorded with the county register of deeds and served on the o-owner.

Acceleration of assessments.

Some, but not all, condominium documents provide the association the right to accelerate the balance of the fiscal year’s assessments in the case of default.  Where the documents do so provide, the association must consider the best way to exercise this significant power.  If the collection process is designed to provide increasing sanctions for delinquencies, the seriousness of assessment acceleration must be weighed in deciding its timing.  It is particularly essential that associations exercise acceleration of assessments on a constant basis (i.e., when a four-month delinquency exists).

Foreclosure of the condominium lien.

The most difficult decision made by an association board is directing legal counsel to begin foreclosure action on the condominium lien.  Some associations prefer to wait until a certain minimum dollar amount of delinquency has been exceeded.  This approach can create problems particularly where particular payments have been accepted.  This writer recommends foreclosure action be keyed to a specific number of months of delinquency rather than a dollar amount.

The association must also decide whether to foreclose on the condo lien or to sue for damages only in district court.  Foreclosure can be effected either by advertisement or by judicial foreclosure.  Choosing the correct enforcement mechanism requires close analysis of the factual circumstances and is best left to the discretion of the association’s counsel.

Each process has advantages and disadvantages.  Foreclosure by advertisement is relatively inexpensive but does not allow the association to pursue the co-owner for damages if there is insufficient equity in the condo unit to recover all monies from the foreclosure sale.  A district court unit for damages is faster than circuit court action, but such a judgment is only as good as the collectibility of the delinquent co-owner, and such a judgment can be nullified by a bankruptcy.  Judicial foreclosure provides the most flexibility and protection to the association, but requires a lawsuit in circuit court, is expensive and time consuming.

Both judicial foreclosure and foreclosure by advertisement culminate with an advertised foreclosure sale, at which time the association normally bids in the total delinquency including legal fees, costs and interest.  If substantial equity exists, the association must instruct its counsel whether to respond to an “overbid” (i.e., a third party bid higher than the association’s bid).  Throughout its process, the association and its counsel must keep diligent tabs on possible foreclosure action by the first mortgagee, bearing in mind that a first mortgagee foreclosure will “wipe out” the association’s position (unless the association redeems from the mortgagee foreclosure sale).

Redemption Period.

Assuming to overbids, a foreclosure sale will produce a Clerk’s Foreclosure Deed, which must be recorded at the register of deeds office, reflecting Association’s ownership of the foreclosed unit, subject to the first mortgage and subject to the owner’s right of redemption, which normally is six months.  During the redemption period, the Association and its counsel must frequently monitor for any foreclosure proceedings brought by the first mortgagee.  Typically if financial circumstances cause a co-owner to be unable to pay assessments, the co-owner will ultimately default on his first mortgage, and the mortgagee will pursue foreclosure by advertisement.  Often, there will be only a relatively short “window of time” within which the Association will have unit, ownership before the first mortgage sale, and the Association needs to take aggressive action to market the nit to recover its investment.

Collection of Deficiency Judgments.

In many circumstances, there is insufficient equity in a unit and foreclosure may not make financial sense.   The alternative is pursuing the co-owner for a deficiency judgment.  However associations must understand that a judgment does not automatically translate into payment.  The co-owner must be collectible and the association must affirmatively pursue collection action, by garnishment either of wages or bank accounts, or by attachment of non-exempt personal assets.  Associations are advised to take preparatory action by maintaining copies of co-owner’s checks in their unit files and learning, if legally possible, employment information regarding co-owners.

CONCLUSION

Enacting a comprehensive administrative resolution on assessment collection procedure and adhering to it ion a consistent basis is the best hope for a condominium association to minimize uncollected assessments.

 

The Risks and Rewards of Self-Management

Think Twice Before You Become Self-Managed

Atlanta, Georgia—With the wave of foreclosures, business closings and record high unemployment, there is increasing pressure on homeowners and condominium associations to lower dues.   If your Board is considering whether to hire an Atlanta property management company (also known as a community management association), or whether to opt for lower cost self-management, you may want to consider the risks and rewards of your decision.

Self-Management Risks.

1.  Not Enough Volunteers Willing to Do The Work. Self management can be done if you have a group of committed volunteers who are willing to do the work.  It’s easy to find people in the neighborhood who are willing to vote in favor of self-management if it means lower dues.  It’s much more difficult to find a pool of ready, willing and able volunteers who are prepared to do what it takes to effectively manage your homeowners or condominium association.  The burden of self-management and the duties and responsibilities that go along with it have to be shared among a strong core of volunteers in order for self-management to be successful.  Absent that support, the work will fall on a handful of people, who will quickly burn out and realize they are being taken advantage of by neighbors who are never there when you need them to do something.

2.  Too Big An Infrastructure for Volunteers to Oversee. Self management is fine in theory but what about when you have entrance gates, a lake, swimming pool, private roads, clubhouse, tennis courts, detention ponds and landscaping that has to be maintained?   Are you prepared take on the day-to-day challenges of working with vendors to make sure nothing falls through the cracks?  Do you have enough knowledge to maintain the resources you have in your community or are you prepared to invest in the education of your Board members to get them up to speed?

3.  Insufficient Knowledge and Understanding of the Covenants and Bylaws. If you choose to self-manage, your Board members need to get a thorough education on homeowner association management to develop the know how to properly manage your Atlanta community association.  You need to fundamentally understand what the Covenants and Bylaws are and how they impact your community before you can begin to self-manage.

4.  Inability to Keep Up With the Bookkeeping. Do you have the software, filing system and storage space to manage the receipt and deposit of your community association’s funds and the timely payment of all expenses and maintenance of all association books and records?  Funds should be deposited daily and checks should be written at least once a week.  And a full and complete accounting system should be in place to record all transactions and make monthly financial reports available to your community association.   If you are self-managed, it’s vitally important to put a system of checks and balances in place and to review all bank statements and financial reports every month to full account for all income and expenses.

5.  Failure to Comply with Federal, State and Local Laws. Being self-managed doesn’t mean you can forget about properly incorporating, paying annual corporate registration fees and skip filing federal and state tax returns. You still must require your vendors to sign a W-9 tax form and you must issue 1099s to vendors at the end of the year. Overlooking the business of managing an association can be very costly to an association if you end up paying penalties for failure to comply.

6. Unwillingness to Confront Your Neighbors. When your community association becomes self-managed, you can no longer push off the dirty work of confronting your neighbors when their grass isn’t being mowed, their flower beds are overgrown and they erect a backyard gazebo in violation of the Covenants.  You must be prepared to send your neighbors collection letters if they fall behind in their dues and file a lien against them if they become seriously delinquent.  You have a fiduciary duty as a Board member to enforce the Covenants and act in the best interests of your community association even if it means that doing so may undermine your relationship with your neighbors.

7.  Failure to Put controls In Place. When you are self-managed, you have a duty to protect the association’s assets in the event of theft, embezzlement or accident.   You not only need Directors and Officers Insurance but you should put a bond in place for everyone who has any responsibilities for handling the receipt or payment of association funds.  You should also have an insurance rider that covers dishonesty, theft and embezzlement or some other crime resulting in the loss of association funds.  And if you should consider covering Board members for potential liability when they are doing the association’s business, such as attending educational seminars or driving through the neighborhood and doing property inspections.  One uninsured claim against your association could wipe out any savings you have in a New York minute.

If you have that rare combination of committed volunteers and resources to tackle self management notwithstanding the risks, you may reap the reward of more hands on  management and lower dues.  If you don’t have what it takes to be self-managed, you want to choose a property management company that can manage your community association  efficiently without breaking the bank.  Here are some of the benefits of hiring a professional community association management company in Atlanta.

1.  You Don’t Have to Be the Bad Guy. If you hire a professional property management company, you no longer have to worry about confronting your neighbors about their late payments, unkempt property or architectural modifications.  Your community manager will be the one to field the nasty phone calls from your neighbors and will take the heat when there are complaints about Board policies.   You wont have to worry about what the neighbors will think because your property manager will be the “bad guy” responsible for enforcing the Covenants.

2.  Your Management Company Is Fully Insured. Let’s face it.  Who wants to pay a huge insurance premium to protect against management mistakes and errors?  When you hire a professional Atlanta property management company, you don’t have the added expense of insuring for management mistakes or bonding Board members in the event of crime or embezzlement.

3.  Your Management Company Is On call 24 Hours A day. Unless you relish being awoken in the middle of the night to handle complaints or emergencies, you want to pass on those responsibilities to a property management company accustomed to handling water breaks, malfunctioning entrance gates and neighbors who want to discuss a violation letter or late notice at midnight.

4.  Your Management Company Will Fully Account for All Financial Transactions Once a Month. Professional property management companies have specialized accounting and bookkeeping systems to handle all receipts and payables and to full account for all transactions once in month in clear, concise financial reports.  Your Atlanta property management company maintains all the books and records and can be called upon anytime you have a request, need to see a copy of a check or have a question about an invoice.  They handle a myriad of accounting transactions, such as the assessment of regular dues and late charges on past dues accounts, so you don’t have to.

5.  Your Management Company is Licensed and Regulated by the State. Professional property management companies are licensed real estate companies in the State of Georgia subject to state rules and regulations.  They are required to maintain all books and records and must be able to furnish back up documentation in the event of any state inquires or investigations.

6.  Your Management Company Will Comply with Federal, State and Local Laws. Property management companies make sure your community association’s federal and state taxes are filed on time, 1099s are sent to all vendors at the end of the year, and the association is in compliance with local laws on detention ponds, swimming pools, fire sprinklers and other safety regulations.

7.  Your Management Company Will Oversee All Vendors and Property Maintenance. Your professional property management company will solicit new vendor bids upon request and will deal with vendors on a daily basis in the event of any concerns.

As much as homeowners complain about paying association dues and question the need for a management company, they are truly taken aback when they sit down and think about everything  property management companies do for what they charge each month.  Be sure you are prepared to take over these responsibilities before you decide to become self-managed.

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.

 

Survival Guide to Robert’s Rules of Order

Survival Tips on Robert’s Rules of Order

HOA Management

A Meeting vs. a Session

The words ‘Meeting’ and ‘Session’ are typically misused. Robert’s Rules of Order clearly indicates that a regular weekly, monthly, or quarterly meeting for an established order of business in a single afternoon or evening, constitutes a separate session. (RONR(10th ed.),p.79) A meeting is actually a subset of a session, (for instance, the separate gatherings during an annual or biennial convention). The convention is a session, but its gatherings are meetings. The significance of a session lies in the freedom of each session.  One session can not tie the hands of the majority at any later session, or place a question beyond the reach of a later session. The rights of the majority of one session can not adversely affect the rights of a majority of a later session. Powerful stuff! One of Robert’s fundamental rules is that the same or substantially the same question can not be brought up a second time during the same session. So, if a session lasts longer than one gathering, a question may not be revisited for several gatherings. Manipulative stuff! Another fundamental rule is that a question that is being Postponed to a Certain Time must be postponed no further than the next session. But, if a session lasts longer than one gathering, the question would be postponed for a very long time. Impactful stuff! The term ‘Meeting’ does have its own special meanings:  Regular (or Stated) Meeting – Refers to the periodic business meeting held weekly, monthly, or quarterly, as prescribed by the Bylaws. Each regular meeting normally completes a separate session. If an issue was never reached on the agenda of one session, the issue could be carried forward as described in Unfinished Business.If an issue was reached in the agenda but not finally disposed of, it could be reached by the next session if the issue had been postponed (or made a special order), laid on the table, moved for Reconsideration at the correct time, or referred to a committee. Special (or Called) Meeting – Is held at a time different from a regular meeting, and convened only to consider one or more items of business specified in the call of the meeting. Each special meeting normally completes a separate session. Adjourned Meeting – Is a continuation of the immediately preceding regular or special meeting. An adjourned meeting takes up its work at the point where the preceding meeting was interrupted in the order of business. Each adjourned meeting normally completes the preceding session. Annual Meeting – The only difference between a regular meeting and an annual meeting is that at an annual meeting, Annual Reports from Officers and Standing Committees, and Election of Officers are in order. Each annual meeting with its numerous separate meetings normally completes a separate session. Executive Session – any meeting in which the proceedings are secret constitutes an executive session. Boards, committees, and disciplinary sessions are normally held in executive session. Some organizations operate under the lodge system where every meeting is a secret meeting and held in executive session. Each executive session normally completes a separate session.

 

What are the Budget Responsibilities of the Condo Association or HOA?

Related to the condo association property is the duty to adopt condo association budgets and collect HOA special assessments from the association members.  In a way, a condo association is merely a conduit for the homeowners to pay for the various expenses of the HOA property.  The condo budget process is not one whereby a figure is created that will be the monthly assessment and then the HOA board tries to figure out how to best spend the money.  The correct process is a reversal of that.

The condo board must first determine what are the necessary expenses and costs of operation and administration, plus a reasonable condo reserve, and then the monthly assessment is determined by dividing the annual condo association budget among and between the unit owners.  The condo budget process therefore must involve a careful review of past budgets and the actual costs plus a careful examination of anticipated costs and expenses, including obtaining bids and quotes for various services.

Of course, in determining the condo budget, it is appropriate and necessary for the condo board to consider the amount of money that can reasonably be collected from the HOA members.  The amount of the condo fees must not be so high that it would adversely affect the property values in relation to other condo associations in the area or cause economic hardship to the owners.  At the same time, the special HOA assessment must not be so low that the condo association is unable to meet its basic responsibilities for repair and maintenance of the property, to keep the HOA property in good condition, and to have an adequate reserve for emergencies and future repair or replacement.

 

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