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	<title>CondoExec.com</title>
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	<link>http://www.condoexec.com</link>
	<description>News for the Volunteer Community Executive</description>
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		<title>No Trip Zone</title>
		<link>http://www.condoexec.com/2011/02/no-trip-zone/</link>
		<comments>http://www.condoexec.com/2011/02/no-trip-zone/#comments</comments>
		<pubDate>Wed, 09 Feb 2011 18:39:36 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Finance]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=355</guid>
		<description><![CDATA[Just as an automobile manufacturer publishes standards for the type of gasoline and lubricants to be used in their automobiles, flooring comes with detailed specifications for the installation, use and maintenance of the product. 

If you have installed the wrong flooring product or find you are maintaining it with the wrong cleaning fluids, consider yourself lucky. ]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/J.-Travers-Hartnett-150x150.jpg" alt="" title="J. Travers Hartnett" width="150" height="150" class="alignright size-thumbnail wp-image-22" /> By J. Travers Hartnett CEBS, BC-HSP</p>
<p>The best way to control slip and fall claims is to create a common sense safety plan and motivate your staff and employees follow it. Your safety program should include an analysis of all the common area you have at your Association. This will include:</p>
<p>* Identifying the manufacturer and type of floors you have in each area and making sure the floor product is appropriate for where it is located.</p>
<p>* Review the maintenance procedures you have for all floors, staircases, walkways, parking lots etc.</p>
<p>* Regular common area inspections for adequate lighting and damage to all walking surfaces. </p>
<p>* responding quickly to investigate all reports of accidents, incidents and maintenance</p>
<p>All walking surfaces need to be maintained on a regular basis. That’s why it is important that the maintenance procedures you use prevent rather than cause slip and fall accidents. Just as an automobile manufacturer publishes standards for the type of gasoline and lubricants to be used in their automobiles, flooring comes with detailed specifications for the installation, use and maintenance of the product. </p>
<p>If you have installed the wrong flooring product or find you are maintaining it with the wrong cleaning fluids, consider yourself lucky. If someone had fallen in that area you likely would have been exposed to a serious lawsuit. Even the best cleaning and finishing materials can be dangerous when inappropriately applied. To protect your owners, guests and employees floor maintenance should always be performed in the exact manner specified. Floor waxing and buffing is not recommended for a great many floor surfaces.</p>
<p>We suggest you schedule your maintenance during non-peak hours, preferably with the use of caution signs and attendants posted to protect owners and guests passing by. Bad weather procedures are also very important. Many associations require their maintenance personnel to place no slip mats at all entrance doors at the first sign of rain. Safety specialists recommend all entry mats should be constructed around were or cocoa fiber, to help to remove water and dirt from shoes. The color of the mat should contrast with the color of the floor and the mat edges  tapered down to the floor for a smooth transition. Under severe weather conditions you may have to post a staff member at each entrance to warn employees, owners and guests entering the building about an increased slipping hazard and to manually mop up any excess water that may accumulate.</p>
<p>Your employees training program should also include your slip and fall safety program. Make sure your employees and outside staff wear shoes that are compatible with the floors they work in. In the event that you do receive a report of a slip and fall, it is critical that you immediately investigate the incident by interviewing all witnesses and taking numerous photographs of the area in question. All security tapes and recording that day should be retained under lock and key. If the cause of the accident was a movable item the Association should take possession of the part and lock it as well. And as with any claim notice, the Association should be careful never assume any liability for a slip or fall. </p>
<p>J. Travers Hartnett is Editor of CondoExec,  a publication of Travers Hartnett PA. .  Travers earned a BS in Economics with a Major in Business from the State University of New York, a Certified Employee Benefits Specialist (CEBS) designation from the International Institute and Wharton School and is a Board Certified &#8211; Human Services Practitioner specializing in community association services.  He has more than 24 years of commercial insurance experience including major account sales, marketing, underwriting &#038; risk consulting. He has been President of his residential condominium association for 4 years and is the owner of Travers Hartnett PA, an insurance agency providing risk management services exclusively to community associations. </p>
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		<title>Motivating &amp; Rewarding Passion</title>
		<link>http://www.condoexec.com/2011/02/rewarding-volunteers/</link>
		<comments>http://www.condoexec.com/2011/02/rewarding-volunteers/#comments</comments>
		<pubDate>Wed, 09 Feb 2011 18:37:50 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Management]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=352</guid>
		<description><![CDATA[What are your volunteers interested in, passionate about? What are they good at?  What do they want to learn about? ]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/Elaina-Zuker-150x150.jpg" alt="" title="Elaina Zuker" width="150" height="150" class="alignright size-thumbnail wp-image-21" />By Elaina Zuker</p>
<p>What are your volunteers interested in, passionate about? What are they good at?  What do they want to learn about?  Have the group make a list of the most important community “to-do”s and then get volunteers to sign up for various projects. Once the committees are formed, have each group elect a Committee Chair, and then assign roles and responsibilities within the committee.  Also, each committee should have a set of goals and target dates for their tasks. Respect is it’s own reward. Always acknowledge your helpers are volunteers, not unpaid professionals.</p>
<p> Many volunteers recall with pride their involvement in a committee to achieve a goal they really care about. This is a great way to build loyalty, small group bonding and shared burdens for the work that needs to get done. People especially want to feel like they have direct impact on decision-making.  Particularly in these times of economic stress and unemployment, belonging to a group with defined tasks and outcomes can be very therapeutic for an individual.</p>
<p>Everyone needs recognition and feedback. Everyone wants to know that their contribution is valuable.  They may not get compliments from their boss, or co-workers. For you, as the executive, you would do well to give your members acknowledgement in front of the whole group, as well as privately.  You can do this in person, via telephone or the most effective, old-fashioned way &#8211; a personal hand-written thank you note. Unexpected spur of the moment feedback can be particularly rewarding.</p>
<p>Remember, too, that each one of us is motivated differently:apart from money, some folks like the sense of being in charge (such as a Committee Chair), some like the feeling of belonging, being part of something larger than themselves. Some identify with the values and social good of the mission. So the advantage of listening and learning about each one of your members is the opportunity to tailor your rewards to the individual, as much as possible.</p>
<p>The indicator of a successful Board or Group will be that one day,not too long from now, you’ll be sitting at a meeting, listening to various committee members and Chairs discussing projects and progress and you’ll be almost silent.  Congratulations!  You’ve created a group that works!</p>
<p>Elaina Zuker is the President of Elaina Zuker Associates in Delray Beach, Florida and Montreal, Canada. She has conducted numerous seminars for employees and managers at major corporations such as AT&#038;T, IBM, American Express and MCI International, and is a frequent  keynote speaker at conferences and industry events. She is the author of six books, on leadership, management and communication. Her best-selling book, “The Seven Secrets of Influence” (McGraw-Hill), the recent Main Selection for the Business Week Book Club, has been translated into four languages, and was recently published in India and Singapore. Ms. Zuker holds a B.A. in Psychology, an M.A. in Management/Organizational Development and is the 2004 recipient of the Alumni Achievement Award from New York Polytechnic University. She is also a former Director for her residential condominium association.</p>
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		<title>Suspicion of Fraud</title>
		<link>http://www.condoexec.com/2011/02/suspicion-of-fraud/</link>
		<comments>http://www.condoexec.com/2011/02/suspicion-of-fraud/#comments</comments>
		<pubDate>Wed, 09 Feb 2011 18:35:11 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Safety & Security]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=350</guid>
		<description><![CDATA[Q: A visitor to our association is claiming she fell down on a wet spot inside an entry way and badly injured her back. No one saw her fall and our security patrol observed no water in the area after the fall . A check of the security cameras does not show her falling only the woman holding her back while waiting for an elevator. ]]></description>
			<content:encoded><![CDATA[<p>By Richard A. Riguzzi</p>
<p>Q: A visitor to our association is claiming she fell down on a wet spot inside an entry way and badly injured her back. No one saw her fall and our security patrol observed no water in the area after the fall . A check of the security cameras does not show her falling only the woman holding her back while waiting for an elevator. Now she has hired an attorney and is suing the association. How can we protect ourselves from this type of claim.  </p>
<p>A: It looks like you have the beginning of an insurance fraud claim.  You ask how do you prevent this, well let me say that there are those who, as the insurance companies refer to as “Professional Claimants” who make it a career to get quick settlements and there are those who stay up nights, thinking up ways to get over on the insurance companies.  Prevent insurance fraud?  Very difficult, if not impossible.  Sometimes the close circuit TV (CCTV) can act as a deterrent. </p>
<p>The best thing for the association to do is to quickly respond to the incident.  If CCTV is used, save the entire recording, not only of the “accident” but every where the subject appears.  Take photographs of the location (keep a camera in the office so it’s readily available) and take a lot of photos from various angles.  Witnesses –very important to talk to them as soon as possible.  As time goes on, we forget some details.  </p>
<p>Our association keeps a daily dairy which not only includes notes about complaints; conversations with vendors but even if we hear 3rd hand of an accident.  It is important to record the date and time, but who is reporting the incident and what the association did about it.</p>
<p>All of this will help the insurance company in their investigation.  All insurance companies have a Special Investigation Unit (SIU) who look into these types of claims and indeed will pursue the claim until they are convinced that it is or is not a legitimate claim. I am a SIU investigator for several insurance companies and my company has frequently proven fraud. The more information you have the easier our investigative job is. </p>
<p>Richard is an Insurance Fraud Investigator for Optima National Investigation Services headquartered in Elmsford, NY. A former Harrison, New York  police officer, he retired early as a Captain with 32 years experience. Mr. Riguzzi also worked as Human Resources – Security Director for Lehman Brothers in New York City, NY. An Eagle Scout, a member of Order of the Arrow and former President of his PBA, Richard and is very active in numerous community and service organizations. He has been President of his Florida condominium association for the past 5 years.</p>
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		<title>Free Legal Advice</title>
		<link>http://www.condoexec.com/2011/02/free-legal-advice/</link>
		<comments>http://www.condoexec.com/2011/02/free-legal-advice/#comments</comments>
		<pubDate>Wed, 09 Feb 2011 18:32:45 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=348</guid>
		<description><![CDATA[The unlicensed practice of law is a serious charge, and can put that Board member
in harm’s way.]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/Louis_Caplan-150x150.jpg" alt="" title="Louis_Caplan" width="150" height="150" class="alignright size-thumbnail wp-image-19" /> By Lou Caplan Esq.</p>
<p>Many Association Boards have the advantage of having members who bring a wide range of extensive experience in their chosen fields, which can oftentimes be extremely helpful for the Board and the community. This can include people with engineering backgrounds who can assist in architectural decisions as well as CPA’s and the like who can assist the Board, possibly as their Treasurer, on financial issues. Of course, there are oftentimes attorneys on the Board as well, and the purpose of this article is to consider the best way in which an attorney on the Board can help the Board and the Association, but also understanding the possible concerns, with using a Board member for legal advice.</p>
<p>The most important consideration should first be whether or not the attorney is licensed to practice law in the State of Florida. If not, then their advice is susceptible to a complaint by residents within the community and others that they are practicing law without a license. The unlicensed practice of law is a serious charge, and can put that Board member in harm’s way. As the old saying goes, no good deed goes unpunished, and that’s an important consideration. Secondly, even if they are licensed to practice law in the State of Florida, the reliance on a Board member for legal advice may not sufficiently protect the Association. While it may be helpful to get their thoughts on an issue, just like it’s helpful to get the thoughts of all Board members prior to making Board decisions, when it comes to a legal issue, the Board should protect itself by seeking the advice of outside counsel. That provides a level of protection to the Board including the members of the Board who may happen to be attorneys.</p>
<p>While most people feel that attorneys know a little bit about everything, as evidenced by the legal questions people pose to me at my daughter’s soccer games, the reality is that most attorneys specialize in very specific areas of the law. Therefore, while an experienced attorney may have the skills to understand the issues at hand, the best way to obtain the information and have strong analytical skills, the legal issues effecting your community association may very well require the assistance of someone who specializes in this field.</p>
<p>Condominium associations are creatures of statute, and an understanding of the Condominium Act and the administrative rules is important, notwithstanding whether a Board member, possibly who is an attorney, may have a strong knowledge of your Association governing documents. It’s important to use outside counsel who specializes in the field. Similarly, with Homeowners Associations, knowledge of Chapter 720, as well as Chapter 617, the Not-for-Profit Corporations Act, are also imperative for proper legal guidance.</p>
<p>It would be our suggestion that attorneys on the Board be treated no differently than experts in other fields who happen to be on the Board. Take advantage of their knowledge, their reasoning and the like, but make sure that you hire independent experts to provide the ultimate guidance, as that will protect the Board, the individual Board members, and of course the Association as a whole. Please also note that in order to satisfy the business judgment rule, normally you are required to rely on the opinions of experts, and therefore, whether or not the correct decision is made, reliance on independent experts will provide a level of protection to the Board and its individual Board members.</p>
<p>Louis Caplan, a Director and Chair of the Community Association and Country Clubs Practice Group, of Sachs, Sax &#038; Caplan, practices in the area of community association law, representing condominium and homeowners associations. He brings to his clients extensive experience in his chosen field. Mr. Caplan is a frequent lecturer and columnist on community association matters, contributing to both the Palm Beach County Bar Association, The West Boca Community Council and the Community Associations Institute.</p>
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		<title>Property managers make money off condos&#8217; insurance</title>
		<link>http://www.condoexec.com/2010/12/condos-insurance/</link>
		<comments>http://www.condoexec.com/2010/12/condos-insurance/#comments</comments>
		<pubDate>Sun, 05 Dec 2010 03:44:33 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=335</guid>
		<description><![CDATA[By JULIE PATEL Sun Sentinel (copy of online article) Updated: 2:11 p.m. Saturday, Nov. 13, 2010 Your property management company may be making money off your condo association&#8217;s insurance policy. Some say that&#8217;s a conflict of interest because management companies also help associations pick their insurance. &#8220;Referrals should be based on good service only and [...]]]></description>
			<content:encoded><![CDATA[<p>By JULIE PATEL<br />
<em>Sun Sentinel</em> (copy of online article)<br />
Updated: 2:11 p.m. Saturday, Nov. 13, 2010</p>
<p>Your property management company may be making money off your condo association&#8217;s insurance policy.</p>
<p>Some say that&#8217;s a conflict of interest because management companies also help associations pick their insurance.</p>
<p>&#8220;Referrals should be based on good service only and not financial incentives,&#8221; wrote Jerri Franz, a spokeswoman for the Department of Financial Services. On Monday, the department will hold hearings on other perks that insurance agents shouldn&#8217;t be allowed to offer, but commission splitting isn&#8217;t expected to be among them.</p>
<p>Continental Group, the state&#8217;s largest condo property management company, says its sister company, Worthington Insurance, splits commissions with partner insurance agencies – when condos select them – to save money for the condos it manages.</p>
<p>Insurance premiums make up the largest part of most condominium buildings&#8217; expenses and their annual commissions can add up to tens of thousands of dollars.</p>
<p>Board members of some condo associations criticize the commission-sharing arrangement, some defend it, while others say they were not aware of it.</p>
<p>Continental officials say they put the information in writing, as required by state law, and also tell condo board members.</p>
<p>POSSIBLE CONFLICTS</p>
<p>Condo board members rely on their property managers when making a host of decisions. Among them, soliciting and analyzing bids for insurance and other services and making recommendations.</p>
<p>&#8220;They carry a lot of clout when it comes to recommendations,&#8221; said Paul Mack, president of Mack, Mack &#038; Waltz Insurance Group in Deerfield Beach, which splits commissions for a couple of buildings managed by Continental. The other insurance agency that partners with Continental in South Florida is Smith Watson Parker in Hollywood.</p>
<p>Andrew Lester, Continental&#8217;s senior vice president, said the partnerships help property managers do a better job. For instance, he said a Fort Lauderdale condo managed by Continental received a lower quote on their insurance premium from Smith Watson Parker and led its current insurance agent to match the quote.</p>
<p>&#8220;To me, that&#8217;s a win for our client. I love it,&#8221; he said. If Continental &#8220;wasn&#8217;t in the insurance business, it wouldn&#8217;t be able to influence the market like that.&#8221;</p>
<p>Like Continental, Castle Group in Plantation, which manages more than 200 condo associations in the state, also is in the insurance business. The company has an in-house insurance agency and it owns a security company.</p>
<p>&#8220;It is a conflict,&#8221; acknowledged James Donnelly, Castle&#8217;s president. He said his company&#8217;s property managers address that by staying out of bids dealing with insurance or security: The sealed bids are sent directly to the board.</p>
<p>Travers Hartnett, an insurance agent for homeowner and condominium associations, said property managers gain competitive information for their affiliate insurance agencies.</p>
<p>&#8220;It&#8217;s not intended to be something bad. But the way it operates in the real world, it&#8217;s a real disincentive for all parties to get a better deal,&#8221; said Hartnett, owner of Travers Hartnett Insurance Agency in Delray Beach. &#8220;The preferred agent is…in some cases, given more information than they should.&#8221;</p>
<p>The state is considering rules to clarify a state law that prohibits rebates to condo associations or other policyholders to buy insurance, such as an agent paying for an appraisal or lowering commissions.</p>
<p>Lester said Continental offers insurance services to &#8220;provide …. as many options and as much education as possible. … Some board members say, &#8216;No thank you. We know you&#8217;re providing that service, but we feel there is a conflict of interest.&#8217; We say, &#8216;Great.&#8217;&#8221;</p>
<p>MIXED REACTION</p>
<p>A &#8220;no thanks&#8221; doesn&#8217;t guarantee the property manager will back down. Continental offered its insurance service several times to a condo association in central Broward County, based on three notes from company representatives and a letter from the preferred insurance agent.</p>
<p>&#8220;I cannot tell you how many times Continental tried to persuade me to change insurance agents,&#8221; said the condo association&#8217;s board president, who said she does not want to be identified until her building finds a new property manager.</p>
<p>She said her decision was partly based on a bad experience with another Continental affiliate whose employee repeatedly showed up after hours for projects and then tried to bill for overtime.</p>
<p>Several board members said Continental representatives offered them tickets to sporting events.</p>
<p>State law prohibits board members and property managers from accepting anything of value from people providing or proposing to provide services to the association.</p>
<p>Continental executives said it&#8217;s against company policy to give gifts to condo board members – and that&#8217;s reviewed during employee training.</p>
<p>&#8220;We don&#8217;t promote that so I have no knowledge of any of property managers offering tickets,&#8221; said Tim O&#8217;Keefe, the chief executive officer of Continental. He added that the company does not have box seats to sporting events.</p>
<p>Several condo board members said they&#8217;re pleased with Continental and don&#8217;t mind the commission-sharing arrangements.</p>
<p>Larry Rosenberg, board president of Delray Grande Condominium Association in Delray Beach, said he didn&#8217;t know the roughly $10,000 annual insurance commission his building pays is split up between Continental&#8217;s affiliate and Smith Watson Parker.</p>
<p>But he said the board probably would have gone with the insurance agency anyway because its price was so much lower than others. &#8220;I don&#8217;t think it would have changed&#8221; anything, Rosenberg said. &#8220;It was a no-brainer…We did our homework.&#8221;</p>
<p>AGENTS DEBATE</p>
<p>Some insurance agents say they&#8217;ve chosen not to participate in commission-sharing. &#8220;We don&#8217;t think they&#8217;re legal..We don&#8217;t practice that because it&#8217;s rebating of insurance,&#8221; said Tom Lynch, president of Plastridge Insurance Agency and a board member for state-backed Citizens Property Insurance.</p>
<p>Representatives of Smith Watson Parker said other agents criticize the agreements because they&#8217;re forced to compete.</p>
<p>&#8220;We get an introduction that we might not otherwise get. That&#8217;s what we feel we&#8217;re paying for…We don&#8217;t get any special information or any special treatment,&#8221; said Andrew Spargo, the agency&#8217;s chief operating officer.</p>
<p>Like other property management companies, Continental and its publicly traded parent company, FirstService Corp., own several subsidiaries that may be recommended by property managers when condo boards are looking to hire electricians, plumbers and gardeners.</p>
<p>State law requires property managers to disclose to condos they manage if they have a financial interest in vendors, but it does not bar them from applying for the work, said Alexis Lambert, a spokeswoman for the state&#8217;s Department of Business &#038; Professional Regulation, which regulates businesses and condos.</p>
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		<title>The Politics of Peace</title>
		<link>http://www.condoexec.com/2010/12/peace-neighborhood/</link>
		<comments>http://www.condoexec.com/2010/12/peace-neighborhood/#comments</comments>
		<pubDate>Thu, 02 Dec 2010 23:20:13 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=285</guid>
		<description><![CDATA[How to address behavioral issues deal with the various personalities of the Board and maintain peace in your community. ]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/Louis_Caplan-150x150.jpg" alt="" title="Louis_Caplan" width="150" height="150" class="alignright size-thumbnail wp-image-19" /> By Lou Caplan Esq.</p>
<p>      When Boards of Directors are elected to your community association, whether a Condominium, Homeowners Association, Cooperative or the like, normally the Board anticipates that their functions will be to assure that the properties are properly maintained, that the budget is sufficient to address the Association’s obligations, including maintenance, and that at times they will be in a position to enforce the documents. What they don’t normally anticipate is having to address behavioral issues, which includes keeping the peace within the community and dealing with the various personalities of the membership and the Board.  Those are the issues that are not specifically addressed in the Association’s documents and the pertinent statutes affecting your community.  The purpose of this article is to provide some ideas to help address ways to keep the peace within the community.</p>
<p>      First, we always suggest to Boards that they try to depersonalize their relationships with the owners when it comes to addressing Association matters, especially dealing with enforcement matters. One way to do that obviously is to make sure that the relationship between owners and the Association, relative to enforcement issues and the like, are through management or other professionals, including at times the Association’s attorneys.  Therefore, we strongly encourage, if the Association’s financial situation would allow, that the Association Board obtain the assistance of professional management, and delegate to management the authority to perform these necessary functions.  Please note that as it relates to the Board members, the residents within the community are your neighbors, and therefore it’s not fair for a Board member to have to send letters directly to a neighbor and then have to deal with the potential personal responses, including sometimes personal threats.</p>
<p>      Additionally, it’s important for Boards not to respond to the vocal minority.  More specifically, if a community has several hundred homes, and 5 or 6 people attend a Board meeting and bring an emotionally charged issue to the Board, the Board needs to take that information, independently investigate it, normally with the assistance of management, and then make an educated decision.  What Boards tend to do is they tend to respond to what may be the vocal minority (those people who attend the meeting), when it is not necessarily in the best interests of the entire community and the majority of the residents.  While I know it is difficult for a Board not to respond and try to ease the concerns of the few people who attend the meeting, you need to make sure that in doing so; you have not made a decision that ends up not being in the best interests of the entire community.</p>
<p>      At Board meetings, Board members need to again depersonalize issues brought to their attention, and avoid debate where the Board has not had an opportunity to truly investigate the issue.  If someone brings up an issue at a Board meeting, even if it is personalized and done so in an aggressive manner, the appropriate response would be to thank the owner for their comments, advise that they will look into it, and then respond in a non-emotional manner at the appropriate time.  Trying to debate a difficult issue in an emotional environment is not the best way to keep the peace.  Another important way of keeping the peace within the community is to allow owners to participate at Board meetings.  Please note that for Condominiums, owners do have a right to participate at Board meetings, which right is more limited in Homeowners Associations.  Notwithstanding, we normally suggest that owners be given the opportunity to participate early in the meeting to avoid frustration.  If an owner is asked to sit through a two hour meeting, and all the decisions are made prior to their input, they will feel frustrated.  Therefore, we normally suggest that owners have the right to participate sometime towards the beginning of the meeting, allow them to make their comments, thank them for their input and then go about Board business.  Owners don’t have to agree with the ultimate Board decision, but at least they will hopefully feel that they were involved in the process.</p>
<p>      When a Board is forced to enforce the documents and address violations, it is of the utmost importance to be uniform in enforcement.  First, if you are uniform, then again it is depersonalized and someone can’t claim that the only reason you are coming after them is because they live next to the Association President.  When we are addressing all similarly situated violations in a similar manner, then we can defuse any claims that the enforcement is somehow due to a personal vendetta.  Also, from a legal perspective, one of the only defenses to an enforcement action is where the Association has selectively enforced. Selective enforcement means that the Association has treated one person differently than another person who is similarly situated.  Therefore, uniform enforcement is not only important to keep the peace, but it’s important from a legal perspective. </p>
<p>      Issues between neighbors can be divisive for the community, especially when the Board picks a side.  If a dispute is truly between neighbors, then the Board should stay out of it and let the neighbors address it between themselves.  If the dispute is in fact over a violation of the documents, then it should be properly investigated and if necessary, pursued by the Board, but again, picking sides in a dispute between neighbors is not normally in the best interests of the Association.  </p>
<p>      One of the biggest problems that we see, and one of the most common causes of dissatisfaction from the community is where certain Board members do not respect the decisions of the entire Board.  A good Board is a Board that debates issues, and then comes to a decision that a majority of the Board feels is in the best interests of the Association.  If that is the case, a Board member who may not have voted with the majority should respect the process and the decision of the Board.  That means that that Board member should refrain from politicking within the community for the purpose of creating dissension.</p>
<p>      Finally, it’s very important for the Board members to understand their obligations and of course their authority.  Know your obligations relative to inspections of Association records and inquiries from owners in the Condominium context.  If the owners feel that they are being denied their rights, and their rights are pretty extensive pursuant to the pertinent statutes, then that will cause unrest.  Sometimes Board members are not aware of their obligations both under their documents as well as the statute, and do not realize the entitlement that owners have as members of the Association.  Denying those rights make it difficult to keep the peace.  Also, don’t be afraid to rely on professionals, which professionals can be the buffers between the Board and the membership and again make it less personal.  This could include your insurance agent, your accountant, your lawyers, and most importantly, management. It’s important to realize that owners are members of the Association, shareholders in the corporation and therefore have rights.  Make them feel that their rights will not be abridged, and that their involvement in the community, including their attendance at Board meetings, is appreciated and respected.</p>
<p>Louis Caplan, a Director and Chair of the Community Association and Country Clubs Practice Group, of Sachs, Sax &#038; Caplan, practices in the area of community association law, representing condominium and homeowners associations. He brings to his clients extensive experience in his chosen field. Mr. Caplan is a frequent lecturer and columnist on community association matters, contributing to both the Palm Beach County Bar Association, The West Boca Community Council and the Community Associations Institute.</p>
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		<title>No Dark Water</title>
		<link>http://www.condoexec.com/2010/12/no-dark-water/</link>
		<comments>http://www.condoexec.com/2010/12/no-dark-water/#comments</comments>
		<pubDate>Thu, 02 Dec 2010 23:19:38 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Finance]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=274</guid>
		<description><![CDATA[Clean drinking water turns to filthy black water in only 48 hours.]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/J.-Travers-Hartnett-150x150.jpg" alt="" title="J. Travers Hartnett" width="150" height="150" class="alignright size-thumbnail wp-image-22" />By J. Travers Hartnett CEBS, BC-HSP</p>
<p>Water is a number one cause of property damage for community associations. Once water finds its way into an association building you can expect to experience a lot of problems including costly repairs and maintenance, mold, poor indoor air quality, increased insurance costs and lower property values. Here are some ways to lower your risk to water damage.</p>
<p>A good place to start is to have a meeting with all your maintenance and service professionals who work on your building. You should also consider inviting any volunteers or unit owners with construction related experience. The goal of the meeting is to identify and document all the foreseeable ways water can get into your building(s). Regardless of how new or old your buildings are, all buildings have their weak points. Your list will probably include things like water pipes, leaves and debris accumulating on the roofs and blocking the drains, AC maintenance, sliding door tracks, water pooling at entryways, water heaters and toilet seals etc. </p>
<p>The next step is to research and document all prior water events whether insured or not in association and owner history. Your primary interest should be what exactly caused the event. Unless something has been done to prevent the previous damage from ever happening again, it needs to be added to the list of what can go wrong. </p>
<p>Most of the things on your list will be avoidable by inspecting them at least once a month. Create a custom checklist so you don’t miss anything. Most inspections start on the roof top where you will inspect your AC systems, cooling tower, rooftop systems and drainage. The more detail you put into your check list, the more valuable your inspection will be. Parts of your building needing special attention include windows, doors, foundations and exterior walls. Common area bathrooms and kitchens are frequent sources of water leaks. Inspections should be retained in a notebook to monitor changes in conditions.</p>
<p>Don’t overlook your owner’s property. The principle culprits here are signs of negligence, old water heaters, refrigerator water lines, laundry hoses, dishwashers, vacancies, foreclosures and inattentive owners. Owner problems frequently become association problems. Depending upon the demographics of your community and the age of your buildings, interior unit owners’ inspections may be the only reliable way to control owner losses. For example, you may need to confirm with all that owners than the washing machine water lines meet current codes with metallic reinforcement.</p>
<p>Unfortunately every type of water damage event cannot be avoided. Water pipes enclosed underground or inside of walls frequently burst without warning. Some of the items on your list cannot be controlled by monitoring. That’s why you need to be prepared for every type of water emergency. The difference between experiencing a minor leak or a major one, is the response time. Clean drinking water turns to filthy black water in only 48 hours.</p>
<p>Association Officers, Directors and Volunteers need to know how to find and shut off association water supply lines in the event of an emergency. They need to know how the controls work and how to quickly shut down electric and other related supply lines like sprinklers and gas lines. If your supply system requires tools for a shut off, they need to know where the tools are and how to use them. Emergency contact information is also critical. Contact numbers for police, fire, and other emergency personnel should be strategically posted throughout the community. The time to decide which water extraction company, HVAC contractor and plumber to call in an emergency is before it happens. </p>
<p>While we recommend our associations purchase adequate water damage insurance we usually suggest   a minimum deductible of $5,000 per occurrence or more.  Associations with frequent water claims always end up paying a lot more for their property insurance than they should. This is because Insurers believe most claims are preventable by proper maintenance. A larger deductible encourages responsible association management and produces the lowest cost of insurance over the long run. </p>
<p>If you experience an association water damage event, be careful not take responsibility for it until after you have consulted a professional and determined exactly what happened and why. Water events that originate inside an owners unit are likely the responsibility of the owner. When an owner reports a leak of unknown origins, you should suggest they hire their own licensed contractor “to prove their loss” and determine who is responsible. We also recommend you contact your insurance agent as soon as possible after an event.</p>
<p>J. Travers Hartnett is Editor of CondoExec,  a publication of Travers Hartnett PA. .  Travers earned a BS in Economics with a Major in Business from the State University of New York, a Certified Employee Benefits Specialist (CEBS) designation from the International Institute and Wharton School and is a Board Certified &#8211; Human Services Practitioner specializing in community association services.  He has more than 24 years of commercial insurance experience including major account sales, marketing, underwriting &#038; risk consulting. He has been President of his residential condominium association for 4 years and is the owner of Travers Hartnett PA, an insurance agency providing risk management services exclusively to community associations. </p>
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		<title>Herding Cats &amp; Managing Volunteers</title>
		<link>http://www.condoexec.com/2010/12/herding-cats-managing-volunteers/</link>
		<comments>http://www.condoexec.com/2010/12/herding-cats-managing-volunteers/#comments</comments>
		<pubDate>Thu, 02 Dec 2010 23:18:33 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Management]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=278</guid>
		<description><![CDATA[Managing a group of volunteers, each with his/her own ideas, can feel like herding cats. 
]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.condoexec.com/wp-content/uploads/2010/09/Elaina-Zuker-150x150.jpg" alt="" title="Elaina Zuker" width="150" height="150" class="alignright size-thumbnail wp-image-21" />By Elaina Zuker</p>
<p>Now that you have assembled your merry band of volunteers, how will you manage them?  What techniques<br />
will work – and which will be ignored? You may be an executive or manager in your day job, or a retired one, but the rules for running a successful volunteer organization are often completely different from one where the workers are paid.</p>
<p>New Rules for the 21st Century</p>
<p>The old days of “command and control” top-down management and leadership no longer exist.  Most people, especially younger people now want shared leadership, a more influence-oriented style of communication, having a say in the process and a feeling of making a difference.</p>
<p>So, how can you make sure that you have all the right ingredients for an effective, efficient, motivated<br />
team? Managing a group of volunteers, each with his/her own ideas, can feel like herding cats. </p>
<p>1. Have an Orientation Meeting for New Volunteers.<br />
This is a great opportunity for you to impart some background and context for the new members, let them know the priorities and projects underway, as well as items successfully completed. Also, it’s important that new members know the process of how meetings are conducted; you probably use Robert’s Rules of Order. (as a “new member orientation” gift, give each one a copy.)</p>
<p>In addition to you doing some telling, one of the most important things you can do is listen.  Ask the new members why they volunteered, what they want out of the experience, what they hope to accomplish and what other volunteer experience they’ve had. </p>
<p>In addition to the value of their answers to these questions, you’ll also learn (if you pay attention) a little about their personalities and how they’re likely to behave at group meetings.  You might get an inkling of the “know-it-all”, the “cross-talker” or the silent type.</p>
<p>2.Set the Agenda and Ground Rules</p>
<p>At the first meeting of the whole group (with the new members in attendance) before getting down to the business of what’s next on the agenda, use some of the time to take the long view. Set the objectives and goals for a specific time period (usually it’s the year or term of a Board.) As much as possible, do this with the group, not for them. Ask members for their input, what they think are realistic goals for the group to achieve.  You don’t have to necessarily adopt all of people’s suggestions, but it’s important that they feel heard.</p>
<p>Do this in writing; use a simple flip chart on an easel and Magic Markers and write down all the suggestions.  Then, with the members’ agreement, whittle down the list to what will become the final Goals and Objectives. Keep this chart at future meetings so it’s background and reminds everyone<br />
to stay on purpose. Also, elicit suggestions from the group as to how they think their performance should be evaluated. Then, once you all agree on those criteria, members have a guideline for their performance.<br />
These should also be written down. Ask one of the members to rewrite these lists (the Objectives and the Criteria for Performance) after the meeting and then give copies to each member.</p>
<p>What all these processes have in common is that they involve the entire group, an important ingredient in getting volunteers to “buy in” to the group and its objectives.</p>
<p>3. Another technique is to offer training for volunteers.  Of course you, along with other members, will have to determine what type of training is needed.  It might be training in specific content areas, educating members about the laws and ordinances affecting the property. Maybe it’s an overview of the history of the complex, or aspects of its construction, grounds and residents. Or, you may want to train people in various skills – communication skills such as listening and speaking, group participation, etc. This could have great benefits – for the group’s smooth functioning and team cohesion, as well as providing personal growth and development for the individuals. </p>
<p>Next time we will talk about how to best motivate and reward your volunteers.  </p>
<p>Elaina Zuker is the President of Elaina Zuker Associates in Delray Beach, Florida and Montreal, Canada. She has conducted numerous seminars for employees and managers at major corporations such as AT&#038;T, IBM, American Express and MCI International, and is a frequent  keynote speaker at conferences and industry events. She is the author of six books, on leadership, management and communication. Her best-selling book, “The Seven Secrets of Influence” (McGraw-Hill), the recent Main Selection for the Business Week Book Club, has been translated into four languages, and was recently published in India and Singapore. Ms. Zuker holds a B.A. in Psychology, an M.A. in Management/Organizational Development and is the 2004 recipient of the Alumni Achievement Award from New York Polytechnic University. She is also a former Director for her residential condominium association.</p>
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		<title>Character Assassination &amp; Harassment</title>
		<link>http://www.condoexec.com/2010/12/character-assassination-harassment/</link>
		<comments>http://www.condoexec.com/2010/12/character-assassination-harassment/#comments</comments>
		<pubDate>Thu, 02 Dec 2010 23:18:04 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Safety & Security]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=282</guid>
		<description><![CDATA[Our board members are being harassed by an owner with threatening behavior]]></description>
			<content:encoded><![CDATA[<p>By: Richard A. Riguzzi</p>
<p>Q: Our board members are being harassed by a particularly aggressive owner with threatening letters and phone calls, spreading slanderous rumors and downright scary angry behavior. Some of our board members are planning on resigning. What can we do to stop it? </p>
<p>A: This seems to be a common disease these days in residential communities.  I’ve heard of other associations that have experience the same, or similar situations, whereas either a person or group has a lot derogatory comments, which, for the most part, escalates to out and out character assassination. </p>
<p>From my own experience, this is type of conduct is very difficult to deal with because as a board member, you firmly believe you are doing the best thing for the association, (at no pay) and this is the thanks.  Yes, there were nights I said to myself, what the hell am I doing this for?   It’s draining and affects those around me.  This is not the way I want to live out my life.</p>
<p>Enough of my own situation – answer to your question.</p>
<p>Take a deep breath; stand tall and call the police. Keep the letters; record the telephone conversations with dates and time which can be presented to law enforcement.  If necessary, take statements from persons who have heard these slanderous remarks.</p>
<p>Resigning is exactly what this bully wants.  He or she now enjoys POWER AND CONTROL which that person will apply over other members of Association.  You’ve got to meet this problem head on.</p>
<p>Richard is an Insurance Fraud Investigator for Optima National Investigation Services headquartered in Elmsford, NY. A former Harrison, New York  police officer, he retired early as a Captain with 32 years experience. Mr. Riguzzi also worked as Human Resources – Security Director for Lehman Brothers in New York City, NY. An Eagle Scout, a member of Order of the Arrow and former President of his PBA, Richard and is very active in numerous community and service organizations. He has been President of his Florida condominium association for the past 5 years.</p>
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		<title>Citizens Florida Rate Increase</title>
		<link>http://www.condoexec.com/2010/10/citizens-statewide-rates-changes-for-2011/</link>
		<comments>http://www.condoexec.com/2010/10/citizens-statewide-rates-changes-for-2011/#comments</comments>
		<pubDate>Mon, 18 Oct 2010 15:45:48 +0000</pubDate>
		<dc:creator>CondoExec Editor</dc:creator>
				<category><![CDATA[Articles]]></category>

		<guid isPermaLink="false">http://www.condoexec.com/?p=240</guid>
		<description><![CDATA[Condo Multi-Peril Policies will increase by 8.1%, Wind-Only by 11.0%, HOAs &#038; Co-Ops by 0.7 percent  and 11.3% respectively.]]></description>
			<content:encoded><![CDATA[<p>The Office of Insurance Regulation (OIR) has announced new Florida rating changes for Citizens Property Insurance Company effective between January 1, 2011, and February 1, 2011.  </p>
<p>Condominium Association Master Commercial Multi-Peril Policies (excluding A Rated) will increase statewide by an average 8.1%, while Condo Wind-Only Policies (excluding A Rated) will increase by an average 11.0 percent statewide.  </p>
<p>Homeowner Associations and Co-ops Master Commercial Multi-Peril Policies (excluding A Rated) will increase a nominal 0.7 percent statewide while Homeowner Associations and Coops Wind-Only policies (excluding A Rated) will increase by 11.3 percent. </p>
<p>Citizens has 30 days to submit territory specific final manual pages. To read the OIR Order, click on the link below:</p>
<p> <a href="http://www.floir.com/pdf/CitizensOrder10022010.pdf" target="_blank">http://www.floir.com/pdf/CitizensOrder10022010.pdf</a></p>
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