CAI, Pennsylvania & Delaware Valley Chapter BEST PRACTICES IN COMMUNITY LEADERSHIP

Transcription

1 CAI, Pennsylvania & Delaware Valley Chapter BEST PRACTICES IN COMMUNITY LEADERSHIP

2 Presenters Heather Dombach, CMCA Community Manager, Associa Mid-Atlantic Richard B. Linderman, Esq. Partner with Ansell Grimm & Aaron PC. (609)

3 Good Morning. and WELCOME TO THE CIRCUS

4 Video 1 : Send in the Clowns How do you deal with the Owner? Unhappy Owner Big Problem Emergency What processes can you set up to receive and track complaints? What is the role of the various players in the complaint process the manager, the board, the officers and various committees?

5 Unhappy Owner Why? Is this something the Association has the responsibility to address? Are you prepared and able to address it?

6 Big Problem Roof Leak or Construction Defect Lack of Parking or other Parking Lot issues Vandalism and Crime Landscaping Snow Removal

7 Emergency Fire Flood Hurricane / Storm Terrorism / Criminal Act

8 Budget All owners (and especially board members) want to keep the annual assessment as low as possible and both want the BEST SERVICE they can get AND to have a beautiful community.

9 Budget Setting a Proper Budget Informing Owners of what is in the Budget Setting Expectations for Payment Enforcing the Duty to Pay Assessments Good Policies to Encourage Payment ( Amnesty, Acceleration, Towing )

10 Family Health Personal Obligations Social and Our Jobs : ( Managing Your Workflow: Getting Things Done

11 Getting Things Done David Allen Getting Things Done Handling our responsibilities in a manner to give us control and reduce stress Best Practices to avoid becoming overwhelmed Projects and the necessary next steps

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13 EVERYTHING IS A PROJECT Is It? Be Honest with Yourself Be Honest with the Board Not everything has to be addressed (some problems just go away) Some problems are not your responsibility

14 Communication Receiving Information ( projects, complaints, bills ) Organizing the communications ( s, letters, notices, legal documents ) Monitoring and Overseeing the Projects Providing Information to the Board Providing Information to the Community

15 Best Practices: Receiving Information How do you log that information Where is it kept Back-ups Readily accessible Easy to locate

16 Best Practices: Monitoring and Overseeing the Projects Calendar Setting Priorities Deadline Reminders / Tickler Scheduled Follow-up

17 Providing Information to the Board Timely Updates and Notices Boards absolutely HATE learning about things late What is late? Late was yesterday. Providing Detailed Information Updates What is the best medium for information (meetings, s, telephone calls)

18 Providing Information to Owners Technological Advances have made it very easy to provide information How often should Owners be given information and updates How much information What is off-limits?

19 Websites Administered by Community Manager or Board Not the President s niece All pertinent information should be easily available: Governing Documents important and timely information on events/happenings in the community HOW to contact management or possibly directly with a board member

20 Websites Keep it Updated Post timely information that affects residents Use it to generate Good Will and Positive Feelings look what we achieved Happy Birthday Congratulations on the marriage of Shawn Smith s daughter!

21 Other Options Blasts Make sure Addresses are regularly updated Make sure it works Don t over use it / Emergencies or Important Events Check Spam / Junk Social Media Facebook Twitter Instagram?

22 Other Options Not Everyone Uses Post It Common Areas Mail Box Clusters Bulletin Board Gazebos Mailings Posting on the door

23 Committees Committees are formed in two ways: per the Governing Documents or by Resolution Common Committees: Architectural, Social, Pool/Clubhouse, ADR, Grounds and Landscaping

24 All committees should be formed with a purpose what does the Board want/need the committee to do? Improve the Flow of Operations Provide a Benefit to the Community There are two types of committees: Ad hoc: task oriented & disband when task is complete Standing: function oriented & remain in force indefinitely

25 Committee Charter Boards need to develop a clear set of guidelines regarding the structure, function and responsibility of each committee. This is accomplished by the Committee Charter. Number of Members on the committee Guidelines on how the committee is formed (open call to all residents) Time Frame of committee members How the committee functions (Committee Chair, Board Liaison, Committee Members) Tasks/Responsibilities: what does the board want the committee to accomplish, or what is the committees functions?

26 Best Practices: Meetings Effective Meeting Board Member Tool Kit from CAI Robert s Rules of Order What is the Manager s Role at the Meeting?

27 Tips for Running a Smooth Meeting Always Have an Agenda Limit the time of the Meeting Use a Single Microphone Solicit Questions in Advance Other Tips

28 Dealing With Disputes Neighbor to Neighbor Conflicts The normal dispute The BAD neighbor The A$$hole who happens to be right

29 Disputes: Owner to Board The Bad Owner The Bad Resident { Different Tools are required when dealing with each }

30 Disputes: Owner - Board Owner Harassment of the Board Owner Harassment of the Manager Board Harassment of an Owner (selective enforcement) Targeting Using Attorney as a Sword Violations of Law

31 Disputes: Board vs. Board Teamwork is the ability to work together toward a common vision. It is the fuel that allows common people to attain uncommon results Andrew Carnegie

32 Disputes: Board vs. Board Board Members vs. Board Member Caught in the middle Who signs your check? Code of Ethics Code of Conduct

33 Alternative Dispute Resolution Alternative Dispute Resolution ( ADR ) Required by Statute Required by Declaration or Bylaws. Three Main Types Arbitration Mediation Conciliation

34 Arbitration Arbitration is an ADR (alternative dispute resolution) method where the disputing parties present their disagreement to one arbitrator or a panel of private, independent and qualified third party arbitrators. The arbitrator(s) determine the outcome of the case.

35 Voluntary unless contractual Structured but less formal Binding Private Parties or attorneys present Rules of evidence do not apply Less confined by law Enforceable by Court Judge Outcome is Win/Lose-but some flexibility Arbitration

36 Mediation Mediation is an ADR method where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement. A mediator assists the parties in identifying and articulating their own interests, priorities, needs and wishes to each other. Mediation is a peaceful dispute resolution tool that is complementary to the existing court system and the practice of arbitration.

37 Voluntary No Legal Structure Informal Private Discussion, not proof presentations Parties make an agreement Develop options Attorney s role is advisory Mediation

38 Conciliation Conciliation is a dispute resolution process that involves building a positive relationship between the parties of dispute, however, it is fundamentally different than mediation and arbitration in several respects. The conciliator is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.

39 Conciliation Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common agreement. Sounds like mediation, but there are important differences between the two methods of dispute resolution. In conciliation, the conciliator plays a relatively direct role in the actual resolution of a dispute and even advises the parties on certain solutions by making proposals for settlement. In conciliation, the neutral is usually seen as an authority figure who is responsible for the figuring out the best solution for the parties. The conciliator, not the parties, often develops and proposes the terms of settlement.

40 Conciliation The parties come to the conciliator seeking guidance and the parties make decisions about proposals made by conciliators. In this regard, the role of a conciliator is distinct from the role of a mediator. The mediator at all times maintains his or her neutrality and impartiality.

41 Arbitration = King Solomon Mediation = Neutral Diplomat Conciliation = Wise Old Monk

42 Judiciary Committee Judiciary Committee may be created by the Declaration or Bylaws. This is a different form of ADR, but similar to Arbitration Requires DUE PROCESS

43 Judiciary Committee DUE PROCESS = Notice and Hearing Notice - Notice of the claim or allegation Hearing Claim or allegation presented before the trier of fact. Parties are allowed to present their position and evidence.

44 Judiciary Committee Committee Members Must be Neutral Should be educated on their responsibility (minimal training) Should take it seriously Should be protected from legal action (indemnified by the Association / D&O insurance)

45 Questions:

46 Thank You!