Posts Tagged ‘Board of Directors’

Financially Sound

April 1, 2009

I must say, life as a Property Manager is infinitely easier when you are dealing with a financially sound Association.

In order for that to happen, Homeowners and Board Members need to be educated to the fact that it is their responsibility to fund the community.  Indeed, Board Members have a fiduciary duty to craft a budget that will adequately fund the Association’s day to day expenses and put a little something away for the Association’s future needs.  This is a fact of life for Association living and there is no getting around it.  If you think you want to try, you will ultimately fail.

I have had both good and bad experiences with budget crafting.  It is truely gratifying when the Board of Directors knows it has a responsibility to adequately fund the budget and is willing to proceed accordingly.  On the other hand, it’s absolutely horrifying when they decide that they can defy the financial history and “tighten the belt”.  Don’t get me wrong, I’m not saying that financial prudence isn’t a guiding factor.  What I am saying is that running a defecit one year, even though every effort was made to spend wisely, and deciding that you are going to stick to the same numbers this year and just find places to cut costs just isn’t going to work.  The line item that usually suffers when that happens is the reserve contribution.  While that may get you through today, what happens when that future rainy day that you were supposed to be saving for comes?

When you are budgeting to be a financially sound Association an honest and objective look at past operating history and costs is the real jumping off point.  Looking over past years history will give you some insight into what to expect in the future.  Going over past budgets line item by line item can be most revealing.  Sometimes you will find areas that have been over budgeted leaving you a redirect-able surplus.  Other times you will come across those problem areas that left you with a line item deficit.  All in all, you will have a picture of reality.  When you know the reality you will have determined what the proper assessment per unit should be.

The worst thing you can do when striving to become a financially sound Association is to try and work backwards.  Working backwards is where you decide that you are only going to raise the assessments x amount of dollars and then trying to make the numbers fit around that.  You have to really discount history to do that.  This kind of budgeting is not based in facts, it cares nothing for the facts, and the only fact attached to it is the fact that if you didn’t guess high enough you will be running a deficit.

The tighter I wrap my mind around this subject, the more I find I have to say.  Since I have neither the time, nor the inclination to put it all down in this one sitting, I guess you’ll just have to keep coming back.

In The Beginning

March 15, 2009

I suppose I should start at the beginning, where good logic would dictate that all things should start.

It doesn’t matter if you are building an association, managing an association, considering buying into an association, living within an association, or serving on The Board of Directors of an association, the beginning of your undertaking starts with your Declaration and By-Laws.  In some locations they are referred to as The Declaration of Covenants, Conditions, and Restrictions.  Whatever they are  called in your given circumstance that legal document is your starting point.

This is where The Developer lays out his or her intent to form the community, what they envision the community to be, and how they see it operating long after they have moved on to their next development.  It starts off with definitions which are intended to clearly indicate who is who and what is what.  It is supposed to lay out the boundaries that define who is responsible for what and how they should be carrying out their responsibilities.

There are a number of reasons that the first thing a good Property Manager will do when he or she acquires a new community is to familiarize themselves with this document.  They are definitely not boiler plate, you’ve seen one you’ve seen them all kinds of documents.  Even two very similar communities, developed by the same Developer, can have significantly different delineation of responsibilities.  The answers to most of the questions that come across The Managers desk from homeowners and board members are going to be found in these documents.

When considering the prospect of buying a home in an association these documents should be carefully reviewed to see what exactly the covenants, conditions, and restrictions are.  There is nothing I dislike as much as having to tell a new homeowner that ”………but I didn’t know” is not a mitigating factor for being in violation of the CCR’s.  If you want to move into an association be sure that your lifestyle coincides with that of the community.  The best way to do that is to start at the beginning and read the declaration before you sign the contract to purchase.

Homeowners should probably reread the document once a year.  This will help them keep the information fresh in their minds.  It will also help them determine whether or not they have a legitimate complaint to bring to the floor of the homeowners meeting.

The members of The Board of Directors should go over the Declaration even more often to help them remain clear on where the authority bestowed upon them by the document begins and ends.  A community association is a pure form of democracy and the powers and responsibilities of it’s Directors is clearly stated in the declaration.  Another sad task of the property manager is having to remind an overly enthusiastic board member that he or she was elected to the position to serve in accordance with the Declaration and By-Laws.  The processes that must be followed in order for anything in the association to happen are all contained in the Declaration.


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