CAI-Channel Islands Chapter Your Member Benefits

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1 Community Associations Institute WHO WE ARE International, Non-Profit Association Created in 1973 to educate and represent American s 305,000+ Association governed communities Dedicated to Building Better Communities 60 State / Regional Chapters 34,000 members (on the national level) CAI-Channel Islands Chapter Who We Are Created in 1978 Chapter includes: Ventura County, Santa Barbara County, San Luis Obispo County & Kern County 612 Chapter Members CAI-Channel Islands Chapter Your Member Benefits Educational Programs: Luncheons, Managers Programs, Summer Dinner Programs Community Faires including Dinner Programs Board Member Training Course: Board Leadership Development Course Annual Statewide Legal Forum (Oct. 2016) Annual Conference (May 2017 / Las Vegas) Resources:» Membership Directory» Chapter Magazine / National Magazine» Online resources, webinars and more PROGRAM SPEAKERS DONALD MARTIN, CCAM THE MANAGEMENT TRUST TARA RADLEY, ESQ. BEAUMONT GITLIN TASHJIAN CAI-Channel Islands Chapter For questions and more information on membership: Chapter Office: leah@cai-channelislands.org 1

2 i. SEPARATING THE ROLES, REQUIREMENTS AND EXPECTATIONS OF MANAGERS AND BOARDS: WHAT MANAGERS AND BOARD MEMBERS (SHOULD) EACH DO What Managers and Board Members (should) each do: Role of Managers Managing Agent Defined largely by contract Communication owners, vendors, employees, Board Financial duties Physical duties Attending and facilitating Board meetings Guiding the Board Role of Board Members Decision-makers Defined largely by governing documents Owe duties to the members imposed by law fiduciary duties Comply with and enforce governing documents CAN A BOARD DELEGATE THESE TASKS TO THE COMMUNITY MANAGER? Decision to record a lien? Approve changes to operating rules? Approve an emergency special assessment? Approve the imposition of discipline against a member? Increase or decrease the amount of fines that may be imposed? Answer: NO! AS A BOARD MEMBER, WHAT TASKS CAN I (PROPERLY) DELEGATE? HOW DO I DELEGATE? TO WHOM CAN I DELEGATE? IMPORTANT JOB FOR COMMUNITY MANAGERS AND BOARD MEMBERS ALIKE. PUTTING PERSONAL AGENDAS ASIDE! (and utilizing available remedies when board members/managers do not) What is the takeaway for MANAGING THE separation of roles and expectations OF Community Managers and Board Members? Clear written contracts with management company Charters Policies Standard Operating Procedures Checklists 2

3 ii. WHOSE RESPONSIBILITY IS IT TO. Oversee vendors? Oversee proposal requests? Oversee insurance requirements? Enter into contracts? III. DEALING WITH HOMEOWNER REQUESTS: WHEN IS IT NOT AN ASSOCIATION ISSUE? Review each request on case by case basis Determine if an Association issue is involved: A. Repair Issues B. Nuisance C. Conduct impacting health, safety and welfare of community HOW DO I DETERMINE WHETHER A REPAIR ISSUE IS AN ASSOCIATION ISSUE? Evaluate the cause of the leak, property damage or loss Was a common area component or separate interest component involved? Was common area or separate interest property damaged? Consult the governing documents, i.e., CC&Rs, Condo Plan, Rules, Maintenance Responsibility Checklists Utilize experts to determine responsibility, e.g., plumbers, contractors, consultants, legal counsel HOW DO I DETERMINE WHETHER A NUISANCE IS AN ASSOCIATION ISSUE? Evaluate subjective versus objective evidence Determine reasonableness of the conduct at issue * Is the supposed nuisance impacting more than one person? Consult the governing documents, i.e., CC&Rs, Rules Utilize experts as necessary, e.g., sound testing expert Determine if violation has occurred HOW DO I DETERMINE WHETHER OTHER ISSUES ARE ASSOCIATION ISSUES? Life safety issues Issues impacting health, safety and welfare of community Owners failing to perform their responsibilities WHAT IS A NEIGHBOR-TO-NEIGHBOR DISPUTE? Examples: Disputes that do not involve common areas, the performance of Board duties and/or violations of the association s governing documents Ways to facilitate neighbor-to-neighbor disputes Define these types of disputes in Rules Adoption of neighbor-to-neighbor dispute resolution policy 3

4 IV. RUNNING AN EFFICIENT BOARD MEETING What items go on the open session agenda? 1. Call to order 2. Establish quorum 3. Approve minutes from previous meeting 4. Presentation of Reports officers, committees, manager 5. Consent calendar 6. Unfinished business 7. New business 8. Homeowner forum 9. Adjournment IV. RUNNING AN EFFICIENT BOARD MEETING Tips for agenda creation: Hint *simple is best* Be prepared review Board packets Board discussion limited to agenda items except for emergencies Who creates the agenda? Agenda setting meetings Executive session meetings are closed to the membership Attendees: Board, management, legal counsel, owners (by request), staff members Any matter discussed in executive session shall be generally noted in the minutes of the immediately following open session meeting Must give notice of executive session meetings Meeting minutes do NOT need to be a transcript Avoid typical mistakes regarding items that may be discussed in executive session Permissible executive session agenda items: 1. Litigation/legal claims 2. Matters relating to contract formation with third parties 3. Owner discipline 4. Personnel matters 5. Owner payment plans for assessments 6. Decision to foreclose on a lien What items go on the executive session agenda? 1. Call to order 2. Establish quorum 3. Approve minutes from previous meeting 4. Unfinished and new business re: a. Legal b. Member discipline c. Personnel matters d. Contract formation e. Owner payment plans f. Foreclosure of lien 5. Adjournment V. HANDLING CHALLENGES DURING BOARD MEETINGS Typical Challenges Boards and Managers Face During Meetings Disruptive owners Disruptive Board members Lengthy meetings Difficulty conducting business and/or getting through agenda 4

5 TIPS FOR BATTLING MEETING DISRUPTIONS Meeting conduct Robert s Rules of Order Handling Open Forum Stick to agenda Adoption of Code of Conduct Policy Adjournment Hiring security for contentious meetings VI. RECORDING OF MEETINGS Types of Recording Recording for closed circuit television Recording by secretary for preparation of the minutes Recording by owner Common Problems Associated With Recording Meetings Disruption of meeting and source of harassment Recording by owner opens up the possibility of meetings being viewed by public Stifles speech Discourages attendance Violation of privacy HANDLING REQUESTS TO RECORD MEETINGS ADOPT A POLICY! * No recording policy for owners * Written policy for destruction of recordings made by Board for purpose of preparing minutes Code of Conduct / Rule Revisions Board Approval for Recording Requests VII. INTERACTING WITH OWNERS OUTSIDE OF MEETINGS Be wary of statements made to owners and other Board members outside of meetings Board decisions must be made during meetings Avoid exchanges with Board members Open Meeting Act considerations * The majority of the Board gathering at one place at the same time triggers the Open Meeting Act * Requires each action item to be listed as an agenda item under each such general topic * Committee meetings, walk-throughs BEST PRACTICES FOR COMMUNICATING WITH OWNERS OUTSIDE OF MEETINGS Always assume you have your "Board member hat on, even outside of meetings When approached by an owner with a request outside of a meeting, ask him/her to put the request in writing or have the request added to an upcoming agenda Do not make promises Avoid deliberation of association business outside of meetings Q & A 5