Friday Fun: Sweet Little Old Ladies....

As an on-site manager, you tend to have a more friendly relationship with your residents, as they will stop by the office for coffee or just a friendly chat when they drop off their assessments.      This week one of our residents forgot to put the amount on the check, since they live on property, we called and let them know of the problem and asked if they could stop by the office the next time they were in the area.....

What a delight when the sweetest little old lady showed up at the office about her check.    A gentle little bit of a thing with a southern lilt in her voice.  You could just tell she had been raised on cotillions and sweet tea. 

"...Ya'all were so kind to give me a call about this little mix up, but if ya'all would have come by the house,  I would have made you some cookies and we could have enjoyed some lemonade. (reading this you just have hear the syrup sweet southern drawl and gentle grandmotherly demeanor that would make any Dallas debutant melt into a "Yes mam".)  "It sure is nice to get out an meet ya' all, and it is  such a lovely day.  " 

Turning to the woman who came in the door with her -  "This is my daughter, you see at 89 I don't drive much any more,  it was so kind of her to bring me by to meet you folk."   "Honey child, would you go to the car, I seem to have left my glasses there - I can't see a thing without them."

As her daughter walks out the door, "grandma" turns back to us, pulling her glasses from her purse, "You know, I am getting up there in years, and my daughter doesn't think I am up to handling all these things.   So she is trying to help and  I let her handle my bills this month, bless her heart if she didn't F**K it up the first time!   I'll take care of it from now on."

Wednesday Wisdom: But it isn’t fair!!!

Being on the volunteer Board of Directors of an HOA or a HOA Manager should carry with it the requirement that applicants are the parent of two or more, close in age siblings, because you will often hear  - “But it isn’t fair!”

The point of fairness came into brilliant light and clarity this past week while watching a Sunday morning news show with two of my favorite political commentators James Carville and Mary Matalin.  (Editorial comment from the right side of my brain: 1. I can’t believe that two people who are so politically passionate opposite, are married.  2. I offer my deepest sympathy to whoever is their HOA manager   3. Did you ever notice that James Carville will, without hesitation, interrupt any other speaker, but is well trained and never, ever interrupts Matalin.)

During the program, which was not about Homeowner Associations, someone commented “they want to privatize their profits and socialize their losses.”  It is a take -off on a quote  attributed to Andrew Jackson in 1834, on closing the Second Bank of the United States, “I have had men watching you for a long time and I am convinced that you have used the funds of the bank to speculate in the breadstuffs of the country. When you won, you divided the profits amongst you, and when you lost, you charged it to the Bank. ... You are a den of vipers and thieves.”

The mortgage lending crisis has caused a big problem for homeowner associations because the strong banking lobby has put in safe guards that exempts the lenders from paying all  pass due assessments, except for generally 6 or 9 months. (Florida’s exception is for  12 months of pass due assessments).  This is referred to as a “super- priority lien”. Banks, not wanting to bring the properties onto the accounting books allow foreclosures to drag out for 18 months to 3 years,  the properties sit vacant, the mortgage not being paid, and the assessments to the association not being paid.    With the banking bailout and private mortgage insurance, the banks are covering their losses.   But associations can only reach out to the other homeowners who are paying their assessments and require an “allowance for doubtful accounts”.     

Now throw in the investors, who pick up the properties at a foreclosure sale and want to flip the property.   They don’t want to pay, they need to make a profit.  

What is a Board of Directors to do?   It isn’t fair…  the lenders  want to privatize their profits and socialize their losses.  The investors are just trying to make a living.

What is a Manager of an HOA to do?  It isn’t fair – the manager is usually the face of the HOA,  and the butt of the jokes.   

It isn’t fair, but it is my job.   It is a job I aspire to, because I believe that my homeowners deserve reasoned analysis and compassionate customer service .  It is a job that requires education, experience, training, testing, endurance, common sense and sometimes, the skills that only a parent can understand when someone says, “It isn’t fair.”

Friday Fun: Sometimes you have to explain things - VERY SIMPLY.

I have kids, I love being involved in their school projects and as a parent , I know that I need a wealth of knowledge to be able to explain many things at the drop of a hat.  Being a community association manager means that sometimes you need to call on those basic parenting skills, like explaining things simply.

For example somewhere in about 3^rd grade my little one learned about photosynthesis and we had so much fun putting together a poster board all about “Leaves are the trees food factory". 

Plants take water from the ground through their roots, and carbon dioxide from the air and using sunshine, it makes, oxygen and a glucose.   Oxygen is in the air that we need to breathe. Trees use glucose as food for energy and as a building block for growing.

As summer ends and autumn comes, the days get shorter and shorter. This is how the trees "know" to begin getting ready for winter.

During winter, there is not enough light or water for photosynthesis. The trees will rest, and live off the food they stored during the summer. As the bright green fades away, we begin to see yellow and orange colors. Small amounts of these colors have been in the leaves all along. We just can't see them in the summer, because they are covered up by the green chlorophyll.   (That’s the story of photosynthesis in 150 words or less) .

Meanwhile back at my office:   Sometimes all grace and diplomacy escapes me when I get phone calls like this: 

“You have to do something quick all the trees are dying….”

“Can you tell me what is happening?”

“The leaves are turning yellow and gold and brown and then they fall on the ground….”

“Uhhhhh,   that’s why they call it fall.”

(She was from L.A.)

Wednesday Wisdom: Underwater in America

On July 11, I wrote in the blog "Follow the Money".... The next week, only by coincidence of publishing dates, from California to Florida and places in between the headlines started breaking news about law suits addressing the practice of banks privatizing their profits and socializing their losses.  As the news continues, I am going to edit and post follow-up story links in this entry.   

It appears that Florida news sources are the only one talking about this issue.   We continue to watch and share……

L.A. 'slumlord' suit targets U.S. Bank  - StarTribune.com

Jul 18, 2012 – The Los Angeles city attorney's office has filed a lawsuit that accuses U.S. Bancorp of becoming  " one of the largest slumlords in the city" and ... http://www.startribune.com/business/162814206.html

City's Lawsuit Calls US Bank an... - NBC Los Angeles

Jul 18, 2012 – Stephanie Elam. Los Angeles City Attorney Carmen Trutanich filed a lawsuit against US Bank on Monday, July 16, accusing the lender of being ... http://www.startribune.com/business/162814206.html

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US Bank Lawsuit: 'Slumlord' Illegally Evicted Homeowners, Claims ...HuffingtonPost

Jul 17, 2012 – Prosecutors called Deutsche Bank the city's largest slumlord in a ... If you're one of the 11 million Americans who are underwater, tell your story. http://www.huffingtonpost.com/2012/07/17/us-bank-lawsuit-slumlord_n_1680654.html

U.S. Bank called one of Los Angeles' largest 'slumlords ... Bizjournals.comYou +1'd this publiclyUndo

Jul 17, 2012 – Los Angeles officials say in a lawsuit that U.S. Bank is one of the city's biggest slumlords because it hasn't maintained hundreds of foreclosed ... http://www.bizjournals.com/twincities/news/2012/07/17/la-calls-us-bank-slumlord.html

California Calls U.S. Bank a 'Slumlord' - Courthouse News Service

Jul 17, 2012 – In its 85-page lawsuit in Superior Court, California says U.S. Bank "has become one of the largest slumlords in the city of  Los Angeles." ... http://www.courthousenews.com/2012/07/17/48469.htm

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Los Angeles Takes 'Slumlord' U.S. Bancorp to Court - Forbes

Jul 17, 2012 – An unprecedented lawsuit to watch closely. ... commercial bank of becoming one of its biggest slumlords and blighting the city by allowing... http://www.forbes.com/sites/markbergen/2012/07/17/los-angeles-takes-slumlord-u-s-bancorp-to-court/

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German bank under fire in Florida and at home – Sun Sentinel

Jul 15, 2012  - Activists demand bank act in more socially responsible manner

Deutsche Bank was a heavyweight financial player during the American mortgage meltdown and its aftermath: empty and neglected properties that blight local neighborhoods…"We demand a new business model from the banks. A business model with priority on humans, environmental issues and the common good over ambitious profitability targets," ….http://www.sun-sentinel.com/news/nationworld/fl-deutsche-bank-homes-20120714,0,5086643.story

Bad-neighbor banks neglect thousands of South Floridahomes – Sun Sentinel  

..some banks or their agents balk at completing the process and taking title to homes that are unlikely to sell for much. That practice fuels a separate legal "limbo" problem that traps thousands of vacated homes…http://www.sun-sentinel.com/news/local/bad-neighbor-banks/fl-bad-neighbor-banks-20120428,0,7392841.story

HOAs foreclose on big banks – Sun Sentinel

Aug. 12, 2012  - The foreclosure filings are a growing trend as associations become more aggressive in going after delinquent fees that have crippled HOA budgets during the housing bust. Banks owe a portion of the past-due maintenance fees and the full amount from the .. http://www.sun-sentinel.com/business/realestate/fl-hoa-foreclose-banks-20120810,0,5206219.story

Code violations show strain of foreclosures – Sun Sentinel

Aug. 14, 2012  - Municipalities cited the banks because they had title to the homes. But some banks deny responsibility for neglected houses for reasons that ordinary homeowners could not… http://www.sun-sentinel.com/news/broward/fort-lauderdale/sfl-lauderdale-code-violators-081409,0,7679135.story

The home nobody wants: Neither owners, nor bank, norHOA can take over  – Sun Sentinel

Aug. 11, 2012  - Peek through the dust-caked windows of the decaying house off busy Lawrence Road and glimpse the results of human frailty and the systemic banking failures of the Great Recession. Drawers are pulled from cabinets, pictures are overturned, horizontal ... http://www.palmbeachpost.com/news/business/real-estate/the-home-nobody-wants/nQ4HM/

Banks should take personal responsibility too – Sun Sentinel

Aug. 17, 2012 - How often have we heard non-paying owners disparaged as “deadbeats” or, in a more gentle vein, accused of not taking personal responsibility? How many times had you heard banks called deadbeats? How often to you hear them accused of not taking personal responsibility? http://blogs.sun-sentinel.com/condoblog/2012/08/banks-should-take-personal-responsibility-too.html

Friday Fun: How to wrangle an emu...

 

No, I am not talking about an Eastern Michigan University student or alumni, but that flightless large bird native to Australia that is a relative to the ostrich. Don’t get side tracked that this large bird is on the loose in an undisclosed large metropolitan residential area. Think of it like the condo apartment in New York where they found a live tiger…. Sometimes HOA managers have to call on a wide array of talent and resources.

EDITORIAL COMMENT: Expertise in catching and handling emus takes time to develop; this is not something they teach in CAI (Community Association Institute) classes, presumably because the need does not come about often. But, I have often said, “I am sure the bus station from crazy town has a drop off location right outside my office.”

Because state laws don’t prohibit a homeowner from raising these birds without a permit, and because I don’t manage an oppressive Association: if no one testifies they have seen this livestock and no one is complaining about the noise (google for emu vocalizations - very interesting) then we must let them be in the garage of the home in question. No commentary on the pathetic life these animals have, Homeowners have rights. Please remember that homeowner associations are formal legal entities created to maintain common areas; they have the authority to enforce deed restrictions, but the authority is often limited by federal, state and local laws as well as Board policies.

Obviously the safety of handlers and emus is a prime concern. Emus up to two months of age are reportedly easily restrained even though their legs at this stage are quite powerful. Emus use their strongly clawed feet as a defense mechanism. Their legs are among the strongest of any animals, allowing them to rip metal wire fences. By the age of about seven months the immature bird stands about 6 ½ feet high, weighs about 40 pounds (100 pounds at maturity). Their long legs allow them to take strides of up to 9 feet and at a speed of about 30 mph.

Most websites strongly suggest the use of protective clothing; heavy leather chaps and protective footwear are the essential minimum. In looking around my office for "appropriate protective clothing", I only have minimal choices – under my desk are a pair of high heels, very cute yellow crocs, tennis shoes and polka dot wellies, because a well dressed professional must be ready for any occasion. No steel toed boots, those are in the trunk of my car along with my leather gloves and hard hat, because a HOA manager must be ready for anything. Pulling the blue jeans out of my office closet and donning a long sleeve shirt, I realize this is the first time “leather chaps” might be appropriate. (How do I explain that business expense to the IRS?) And, please be aware that an emu wrangler does not wear a watch, because you want to make sure that you don’t have anything on your wrist that get tangled up in the feathers or attract the bird to peck at. I don’t know that I can explain to the IRS that an emu ate my Fossil watch and not have full documentation.

While I change, my assistant, having called animal control, identifies the other appropriate steps that should be taken. I document them here for your own research, and my caution to you is to rely on the advice of experts.... I am not an emu wrangling expert, but I am now no longer a novice.
Manipulate the emu into a corner or against a fence by slowly walking close behind it. DO NOT – I REPEAT DO NOT approach an emu from the front, their knees bend backwards so that sharp clawed foot will come straight at you, only approach them from the rear or side. They are endowed with good eyesight and hearing, which allows them to detect predators in the vicinity, meaning you cannot sneak up on it probably because you will be laughing too hard to stay quiet. Capture the emu by gently getting a hold on its two small wings. Position one hand across the very frightened bird’s back, while applying downward pressure; what about its head you ask? That is why you left your watch on – to distract it. Place the other hand around the side of the emu to get a grip on the soft skin area between the legs and hard area of the breast plate. Act gently, quietly, and unflappably calm to soothe the terrified animal, but be firm with the animal at the same time and please behave with all professional demeanor and grace. (Please remember that this is a 6 foot bird, so it is like trying to fox trot with the karate kid while you maneuver the gentle giant into a yoga pose known as “frog posture”. Holding a struggling emu can be hard work. Most tend to settle down within a minute or so with a few exceptions. Ask for help holding the bird if you are struggling…. Ask for a psychiatrist if you think you can do this alone.

Hold the wings firmly and keep your hands and arms as close to its body as possible to avoid being kicked. Position your feet and lower shins so they are on the outside of the emu´s feet - the back of the emu´s leg has a hard, slightly serrated edge which can inflict a painful blow to the shin. Next time rethink the steel toed shoes and opt for the polka-dot wellies; however they may not make the appropriate fashion statement with leather chaps, so I must talk to the IRS about my new investment in cowboy boots to go with the chaps.

The emu does not deliberately try to injure you but will struggle to get loose and can cause injury during these struggles. If you do find yourself in front of a struggling emu and in a potentially dangerous situation, try to seize the bird´s upper neck or back of the head, and pull the neck and head forward and downwards. This tends to put the animal off balance, and negates the emu kicking forwards, giving you a little more time torun like the dickens!

So what is your take away from this – Livestock in residential areas is an interesting dilemma for Homeowner Associations, and your Board of Directors can direct the policy on "how to" handle the situation.... but when it comes down to it, HOA managers will have to "handle" any situation.

Wednesday Wisdom: Chalk it up to experience…

Have you read the stories about the uproar in Colorado about the children in the community drawing on the common area sidewalk with chalk?    Now I caution you, we can all “Monday Morning Quarterback” any situation that occurs in a community that we manage and we are really good at quarterbacking when we don’t have any attachments to a community.   And I think every Community Manager has one “resident obstructionist,” who is a virtual Wikipedia of snarky comments with a spirit of discontent.   

I can see this happening  in a community of what we refer to as an alley fed homes, where all the drives  and garages are at the rear of the house and the front of the homes open onto a common area “front yard” that is maintained by the Association.

Let look at three solutions: 

1.  Check out the neighborhood before you move there, the convenience of a shared front yard that the Association takes care of means you share that front yard with a lot of different people.  Do you have the spirit and mindset to share and play nice with others?
2. You’ve already bought in a neighborhood – take a plate of cookies over and meet your neighbors  find out what they like, what they do, it’s called being neighborly – Try to figure them out. Why are they being so nasty? Are they jealous? Are they annoyed with you about something specific? Are they stressed out? Are they afraid? Are they mistrustful? You'll need to learn what makes them tick before you can stop them from ticking you off.  It’s a lot more difficult for people to be snarky once they get to know you and know that you care about them.
3. \Too late to make friends and play nice - Choose a good time to talk.  Do not stomp over and draw lines in the sand or in this case  draw lines on the sidewalk.  Stop and breathe – do not approach a situation when you are angry.  Don't become an adversary. It only feeds their negativity, and chances are they are better than you at being bitter. When you do talk with them leave out the blame.  

Rule # 1:  First always seek to understand - don’t defend, or explain. Listen and ask questions that will help you understand - “What seems to be your concern?” Give your neighbor the benefit of the doubt. Perhaps they are having a bad day. Tell them how “it” affects you. 

 In the case of the “Colorado Chalk Caper” the focus was property values.   Well when life gives you lemons  or lemonade stands ( a story for another day).   When you are too close to the situation,  it is tough to take a step back and get a new perspective.   Property values are all about the marketability of your neighborhood.   What are some of the solutions you can think of –

If you can’t be beat them? Join them – have a sidewalk chalk art contest.

Celebrate cultural diversity perhaps you have some Hindu people who can share the significance of the chalk drawings  they have in front of their homes.

Go all out and hire a talented high school or college student and create an amazing  photo op worthy  celebration.






Work with your real estate partners to help them understand how to sell your community. 

 “Did you love our tree lined streets?” 

 “Did you notice that there are no cars parked there?”

“You may want to point that out to potential buyers”.

Create your own Marketing Council to help with help residents and real estate agents the embrace the benefits and responsibilities of living in a HOA.

Friday Fun: I am guilty

I am a Community Association Manager   and some people think that means that I am a murderer.      Let me caution you, that yes, trees were harmed in the telling of this story, but all care and consideration was taking to make their end, as humane as possible.

 Maintaining the character of the community which a developer created and allowing that sense of community to evolve is a delicate balancing act for a community association manager.   Landscape is always a very touchy subject and to make changes to the landscaping in a community must be taken on with a great amount of care and communications.  Our Board of Directors welcomes the input and suggestions of homeowners, but at the end of the discussion, it is the Board’s fiduciary responsibility to do what they think is in the best interest of the whole community.  

Although the need for changes to the landscape in the common area were quite apparent because of the infestation of insects in the trees, making the decision to take out the old trees before the pest infected the rest of our forested community was difficult.   However, to explain that to some of our homeowners was even more difficult…    

“I can’t believe you are killing the trees!”

“We work with our landscaper and an only take out those trees they have identified as infested and are 50% dead and declining.”

“But you are killing them, they are not dead yet.”

Rule # 2: Use words that draw people into the conversation  - Remember that you will always find more cooperation if you use the inclusive words like “and” instead of exclusive words like “but” …

“And”, I say with the greatest amount of empathy, “if those trees stay the bugs that are eating the life out of those trees will move to the healthily trees nearby.”

With tears in her voice, “Well you need to do something else!”

That wild and wacky right brain of mine, was struggling to take control of my mouth - “I am open to taking your suggestions to the Board, what can we do so that more trees are not harmed by these rogue bugs that are wrecking havoc with our trees are mercilessly put to death .”   ~ BAD BUGS! BAD BAD BUGS! ~  Is there an “insect rights” activist who lives in my community, will I hear from them?  Am I “opening a can of worms.” Oh my, what if it is a can of web worms.    -  Wait a minute isn’t this the homeowner that called praising us for our support of the boy scouts recycle Christmas tree program….  Think quickly, the board can’t chip the trees for the use as mulch, because the bugs will still be present….

Rule #3: Engage the homeowner to become a part of the solution - whenever possible ask them what solution they would like the Board consider.

The logical left brain of mine, wins the battle for control of my mouth – “The Board is open to reasonable suggestions,  if you have any idea I would be more than happy to share your thoughts with the Board.”

Composing herself through the sniffles – “You have to dig holes for the new trees right?”

“ Yes!” – the left brain is triumphantly pumping his arms in the air – we have engaged her in the process of finding a solution!

“Well I think you need to take the sick trees out and put them in the big boxes that you brought the new ones in and then you can take the sick trees to that area in the community that isn’t built on, and then those trees can live out their lives in peace and harmony like a retirement village for trees.”

As the wacky right brain in my head beats the logical left brain  to a quivering mass….  I stoically say, “Oh thank you for that suggestion, I will pass it on to the Board”.