Clarifying The Role of a Property Manager

Your association may employ a highly-qualified professional community manager, and we think residents should know what the manager has—and has not—been hired to do. The manager has two primary responsibilities: to carry out policies set by the board and to manage the association's daily operations.

Some residents expect the manager to perform certain tasks that just aren’t part of the job. When the manager doesn’t meet those expectations, residents naturally are unhappy. Since we want you to be happy, we’re offering a few clarifications to help you understand what the manager does.

• The manager is trained to deal with conflict, but he or she will not get involved in quarrels you might be having with your neighbor. However, if association rules are being violated, the manager is the right person to call.

• While the manager works closely with the board, he or she is an advisor—not a member of the board. Also, the manager is not your advocate with or conduit to the board. If you have a concern, send a letter or e-mail directly to the board.

• Although the manager works for the board, he or she is available to residents. That doesn’t mean the manager will drop everything to take your call. If you need to see the manager, call and arrange a meeting. If a matter is so urgent that you need an immediate response, call the association emergency number or 911.

• The manager is always happy to answer questions, but he or she is not the information officer. For routine inquiries, like the date of the next meeting, please read the newsletter or check the association website, or call the management office and speak to an assistant.

• The manager is responsible for monitoring contractors’ performance, but not supervising them. Contractors are responsible for supervising their own personnel. If you have a problem with a contractor, notify the manager, who will forward your concerns to the board. The board will decide how to proceed under the terms of the contract.

• The manager inspects the community regularly, but even an experienced manager won’t catch everything. Your help is essential. If you know about a potential maintenance issue, report it to the manager.

• The manager does not set policy. If you disagree with a policy or rule, you’ll get better results sending a letter or e-mail to the board than arguing with the manager.

• The manager has a broad range of expertise, but he or she is not a consultant to the residents. Neither is he or she an engineer, architect, attorney or accountant. The manager may offer opinions, but don’t expect technical advice in areas where he or she is not qualified.

• Although the manager is a great resource to the association, he or she is not available 24 hours a day—except for emergencies. Getting locked out of your home may be an emergency to you, but it isn’t an association emergency. An association emergency is defined as a threat to life or property.

Border Beauty

So often in the world of condominium management, we use the term “borders” to define the region surrounding the foundation of a unit, extending anywhere from 2-5 feet into the yard. The border is where shrubbery, flowers and mulching materials are installed to enhance the curb appeal of a condominium. That being said, every community determines the maintenance responsibility of things installed and planted in the border areas. Some communities hold the unit owner 100% responsible for border maintenance while other communities may offer partial services of shrub trimming and removal of dead plants to assist the community members. There are communities where standardization of the border area is strongly controlled to protect the uniformity of the community.

To determine if you can alter those areas through the installation of annual flower or plants, please check with your manager. It is a sad day when a manager has to tell a unit owner that their newly planted petunias have to be removed. If your association installs mulch, it will be covered within the annual budget. The tightening of budgets may postpone repeat applications.

Yard art installed within the border areas does cause directors to handle numerous violation complaints. Since not everyone one sees the humor of whimsical garden art or statuary, it is wise to assume that any art is not allowed unless you have the expressed written permission of the directors. Shepard’s hooks, wind chimes and bird baths while enjoyable when you lived in your private home may not make the transition to the community setting.

Unit owners who are assigned the maintenance responsibility of their borders will want to be aware of their community’s recycling policy to assist with the removal of yard waste. Since landscapes companies tell us that Michigan’s weather up to Memorial Day could surprise us with a frost, it would be wise to either plan to cover tender plantings or postpone installation until the end of May. Once installed, the weeding and trimming of borders needs to be addressed on a routine basis to keep these areas spruced up and looking good. If you need assistance performing these tasks, please let your manager know.

It Always Comes Down to Dollars and Sense

Association members who pay their assessments late or not at all come up with some very interesting excuses. As board members it can often get tricky dealing with your neighbor and their financial situations. A good management company can help to alleviate any conflicts that might arise between neighbors. Having a good and consistent system in place to deal with delinquencies is very important. Here’s half a dozen of the most common, and why it’s smart not to use them.

Excuse #1: “I didn’t get what I paid for.”

“My building hasn’t been painted in five years! I’m not paying another cent until some basic maintenance gets done.”

“The power was out for three days during the storm. I’m withholding a pro-rated amount from my assessment check.”

You have a right to require the association to perform its duties, and various legal channels exist to accomplish this. Withholding assessments is not one of them. Your obligation to pay assessments has nothing to do with the association’s obligations to provide maintenance and service. If you withhold your check or pay a reduced amount, you’ll become delinquent, and that leads to late fees, and actually makes your situation worse.

Excuse #2: “You didn’t bill me.”

“I didn’t get an invoice.”

“You didn’t tell me I was behind in my payments.”

Many association governing documents neither require the association to send invoices nor provide advance notice of payments due or past due. However, associations are required to send the approved budget to each owner annually and we do just that. When the association approves and sends the budget each year to our members, it contains notice of the amount you must pay annually. If you’re ever unsure about the amount or the due dates, just call the management office.

Excuse #3: “You can’t do that!”

“These people have no right to make me pay for neighborhood upkeep.”

“If they think I’m paying those outrageous late fees and interest, they’re crazy.”

Actually, the association not only has the authority, it has a duty to all owners to collect assessments. This authority is established in the governing documents and the state’s common interest ownership statutes. When you moved into a community association, you agreed to abide by those documents—and that includes paying assessments.

Excuse #4: “I never use the recreational facilities.”

“I don’t play golf, and it’s an expensive game. I shouldn’t have to pay to maintain the course.”

“I’ve never been in the fitness center, and I don’t plan to ever use it. Why can’t you pro-rate my assessments accordingly?”

Admittedly, recreational facilities are expensive to operate and—for some associations—represent a good chunk of the budget. Nevertheless, most declarations specify that even if you don’t use the association’s amenities you’re still obligated to pay for their upkeep.

Many of our residents moved into this community specifically for the recreational amenities; they’re willing to pay for them because they take full advantage of the opportunities they provide. Even if you’re not using some of the amenities, they make the community more desirable and the homes in the community more valuable. If you’re not using the facilities, perhaps you should consider whether this community is the best fit for you and your needs.

Excuse #5: “I paid in full.”

Sometimes the association receives a check that says “paid in full” in the memo section—but it isn’t. Or the check will arrive with a letter or note, stating the check is “payment in full,” or it covers all charges through a certain date. Nice try. If you still have an outstanding balance, we’re not going to cash your check. We’re going to return it to you. This will put you further behind in your payments and just cause more late fees.

Excuse #6: “The fees are too high.”

Assessments reflect the actual cost of maintaining all common elements in the community. If you owned your home outside the association, you would have to pay individually for all the same expenses your assessments cover—trash removal, water, landscaping, and so on. In fact, you’re actually spending less on assessments because the association has bulk buying power, and you’re getting more because the common areas provide amenities that you likely could not afford on your own.

Legitimate Reasons, not Excuses

When association members lose their jobs or become injured or ill, the association board understands that arrangements need to be worked out for paying assessments. If you have a legitimate reason for falling behind and you need to work out a payment plan, please call the manager. The board considers each situation individually, and will to try to accommodate you special circumstances.

Safe Footing for Winter Weather

Today, we are dealing with winter’s first blast of snow and ice. In management, during the winter months, the weather man is our new best friend. We intently watch the weather forecasts, deciphering weather maps, tracking Arctic blasts, and snow fall projections. Thankfully most forecasts that call for the end of civilization as we know it, prove to be overstatements.

Today’s storm and wind gusts proved to be quite accurate. Thankfully, most of our snow removal contractors have more than met the challenge and removed drifts and snow accumulation to provide safe travel for vehicles. Safe footing for walkers on a day like today requires the participation of every resident.

Early this morning, I ventured out to help shovel the walk of my adjoining duplex condo owner. I took their trash containers out to the curb, walking not on the icy driveway but the snow covered grass. I enthusiastically attacked the snow drift against their garage door clearing the way for the plow to drop their blade. Then with slightly diminished gusto, I moved on to the hidden sidewalk with my trusty shovel. About 30 minutes later, I returned the shovel to the safety of the garage to be reminded that frozen smooth concrete and snowy wet boots are a lethal combination. With flailing arms and fancy footwork I succeeded in skating my way back inside. What could I have done differently?

• Use a skid free mat in garage to dry off boots,
• Walk on grass areas rather than icy walkways
• Wait until weather warms up
• Apply ice melting agents and wait for them to react with ice
• Drive to curb or mail box to avoid slipping
• Ask neighbor to pick up trash containers
• Test out shoe and boot tread to make sure they are weather appropriate

If all else fails, Pray for Spring!

You're a Board Member, Now What?

In lieu of posting a lengthy article on the ins and outs of serving on the board of your home owner's association I am going to post a wonderful presentation that was provided to Cummings Property Management by one of our board presidents.

We used this presentation during our latest educational seminar, "Welcome to the Board" on November 2nd. We had a great turn out, once again confirming that those who care enough to get involved in their community value the resources that we provide on a monthly basis. I strongly encourage you to share this presentation with anyone you might know who also serves on the Board of Directors of their homeowners association.

Leap of Faith

Young, ambitious, upwardly mobile, single; are these terms a fair description of a typical condo owner? How about retired, empty nest, snow bird, would these terms be a better description? The answer to both questions is a resounding yes. While the stereotypical profile of a condo co-owner normally evokes images of Morty Seinfeld and Jack Klompus engaged in a power struggle over Del Boca Vista phase III, the reality can often be quite the contrary.

Living in a planned community, with all of its amenities, can be a benefit to co-owners in any stage of life. For many younger condo owners a busy career and active social life can often take precedence over yard work and home maintenance. Having these “chores” done for you is a very attractive proposition. It’s a necessary evil for any homeowner and a burden to those who value their free time to the extent that they aren’t willing to sacrifice the hours needed to keep up a home. It’s quite possibly the biggest factor leading the post college generation into the rental market.

For decades couples and individuals in their 50’s, 60’s and beyond have been flocking to condominium communities with a clear purpose to shed the burden of day to day upkeep on the homes that they raised families in or lovingly maintained for a better part of their lives. The benefits of having the snow removed, the lawn maintained and the painting done by a professional are not lost on this demographic.

The newfound time and freedom that comes later in life following retirement can be refreshing. Who wants to spend it maintaining a home that has already served its purpose?

The challenge to the Management Industry is in creating and maintaining communities that appeal to both of these market segments. While the lifestyles and priorities of these two polar opposites may differ the one common thread that ties them together in a condo community is freedom.

The role that a management company plays in this relationship is in enhancing communication within the community. Fostering the relationship between the board of directors and the community at large is very important in maintaining and enhancing any community. When working with communities that comprise a diverse range of ages it is more than important, it is job number one.

Emphasizing the benefits and freedom that come with condo ownership can bring harmony to the relationship between young and old. Once they realize that they are both seeking the same benefits from the communities that they share then common ground is established. Once you have common ground then cooperation and respect amongst neighbors will organically develop, making management easier.

Guest Contributor Sean Gartland

Fall Preparations

Indian summer that brief, idyllic time between the humidity of August and the frost of mid-October is upon us. The carefully tended summer annuals will be the first to respond to the change is season, requiring removal and bed preparation for the winter months. Turf areas that suffered from this summer’s heat and drought respond promptly to Fall seeding due to reduced temperatures and cool rains. During this brief interlude we hope that your lawn crews are making the necessary grass repairs, applying chemical treatments for weed control and fertilizer to carry over to the spring growing season.

This is also the time to consider replanting of trees on your complex. The ravages of the Emerald Ash Borer have left communities with voids in their landscape which can be addressed affordably through the corresponding sales at nurseries and garden centers. The success rate of late season transplanting is increased due to favorable temperatures and rain falls.

The benefits to your budget include reduced irrigation needs, units are cooled aiding in reduction of air conditioning costs and the community benefits from the overall improvement in appearance. (Although it is also time to start thinking about next year's finances. Join us for one of our Budget Workshops on 10/6 & 10/14)

Community Association Institute (CAI), our leading resource on how these actions impact communities has produced a wonderful report, Green Communities that is free to download and print. It is stated in the report that, “A single mature tree can absorb as much as 48 pounds of carbon dioxide annually and release enough oxygen into the atmosphere to support two human beings". If you need a reason to plant that sounds like a compelling basis to begin digging those holes.

We here at Cummings Property Management look forward to a wonderful Fall Season in all of our communities. I hope that you have a productive and fun time getting ready for the cold weather to sweep in over the next few months.

Click here for a video presentation from one of our partner vendors.