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    Kuester ppt Kuester ppt Presentation Transcript

    • Association Management Division
      Roles and Responsibilities
    • There is an old adage that says,
      “Managers do things right. Leaders do the right things.”
      So what is Leadership?
    • Leadership
      For the Board of Directors, leadership isdefined by focus and participation on the following items:
      Fiduciary Relationship to the Community
      Action throughJudicialDecision
      Acting as a guiding body for the Community
    • Board of Directors–Role One
      Building and Maintaining a fiduciaryrelationship to the community
      FiduciaryDutymeans:
      Acting in the best interest and for the benefit of the corporation
      Avoidingconflicts of interest
      Acting as reasonablepersons in the management of affairswithin the association
    • Board of Directors–RoleTwo
      Acting throughJudicialdecisionmaking
      Judicialdecisionmakingmeans:
      Excercisingsound and reasonablejudgement on matterspresentedbefore the Board
      Demonstratinggreat care in makingdecisions
      Being able to provide to a judging body how decisionswere made
    • Board of Directors–RoleThree
      Acting as a guiding body for the community
      The boarddefines:
      Policies
      Standards
      Procedures
      Programs
      Budgets
      AuthorityCANbedelegated–ResponsibilityCANNOT
      • A boardmayimplementitsowndecisions or delegate the implementationto a manager, committees, or independentcontractor
    • Legal Considerations
      Legal sources assign a Board of Directors the responsibility of maintaining, protecting, preserving, and enhancing the common areas and the unit values of the total community.
      Areas of responsibility include:
      • Care, maintenance, and enhancement of the physical property, common areas, and facilities
      • Management of community finances
      • Risk management, including obtaining insurance and developing reserve funds
      • Establishment, enforcement and interpretation of rules and regulations
      • Human resources management of employees and volunteers
      • Preservation and promotion of community harmony
    • Further Responsibilities
      The Board of Directors bears the ultimate responsibility for operating the community association on behalf of its owners.
      The Board’s legal authority to act on the owners’ behalf typically is found in:
      Uniform State Statutes which are uniform state laws meant to standardize specific state statutes that apply to community associations.
      General State Statutes which provide for the general authority and responsibilities of all corporate boards of directors.
      Specific State Statutes which apply to one or more types of community associations.
      Community Association’s Governing Documents which give the board authority to act on the owners’ behalf.
    • Officers
    • Officer Roles:President
      • Prepares meeting agenda
      • Presides at all Board and Association meetings
      • Appoints and supervises all Committees
      • Supervises Community Manager
      • Trains Directors for future leadership positions
      • Sets positive example
      Specific duties can be found in the Bylaws of your Association’s governing documents.
    • Officer Roles:Secretary
      • Takes minutes at all meetings
      • Maintains book of minutes and resolutions
      • Posts meeting and special meeting notices
      • Attests to the authenticity of all corporate documents
      • Certifies all meeting notices and election results
      • Timekeeper for all meetings
      Specific duties can be found in the Bylaws of your Association’s governing documents.
    • Officer Roles:Treasurer
      • Responsible for collection and expenditure of assessments
      • Reviews and summarizes financial statements, especially the status of reserve funds, unusual amount of receivable and payables and variances of actual vs. budget for month and year to date
      • Approves/monitors investment policy
      • Monitors delinquencies and advises the Board
      Specific duties can be found in the Bylaws of your Association’s governing documents.
    • Action and Responsibilities
      Effective Board Meetings
    • What are Board Meetings?
      Board meetings are a tool used to make decisions affecting the community
      Decisions made in the Board Meetings:
      • Will impact the quality of life in the community – each home/business, each family, and each member
      • Should enhance the overall value of the assets commonly held and individually owned
      • Must set the boundaries within which management will function
    • What decisions are made?
      There are three areas of board decision making. They are related to the three functions of a CA board of directors:
      • Business
      As volunteer leaders responsible for a CA’s business affairs, a board must:
      • monitor administrative, financial, and property maintenance matters for the purpose of preserving and enhancing the community.
      • Governance
      As volunteer leaders responsible for governing an organization, a board must:
      • enforce the community’s governing documents
      • adopt and enforce rules for governing the community
      • decide issues of policy for the owners in the community
      • Community
      As volunteer leaders of a community, a board must:
      • promote harmony through service programs and regular communication with owners
      • attempt to settle conflicts
      • hear appeals of committee and management decisions that are protested by individuals or groups of owners
    • What makes a meeting a success?
      Four aspects of board meetings that contribute to effective decision making
      • Focus
      • Preparation
      • Conducting the Meeting
      • Effective Management
    • Focus
      • Maintaining focus is a key indicator of success
      • An efficient board meeting is one that keeps moving and stays on point
      • Board meetings should remain focused on:
      • The decisions to be made during the meeting
      • The presentation of possible solutions
      • The setting of new priorities that become the next meeting’s agenda items
    • How to maintain Focus:
      • Create and Stick to an Agenda
      • A published agenda, prepared in advance and provided to participants, instills order and a sense of purpose to all in attendance
      • During a meeting, a presiding officer can appeal to the agenda as a way to keep a group moving and focused on decision making
      • Lessen Stalling
      • Conversations will often stall – offering alternatives, such as tabling a motion until the next meeting, allow time for additional information to be gathered and presented on the matter in the next meeting
      • Consolidate Time
      • Watch the time you spend in session – follow the “Movie Rule”
      • Consistent Decision Making
      • Every effort must be made to insure that past decisions and those made in the current session do not conflict – maintain consistent logic in your decision making
    • Preparation
      • Being prepared:
      • Lessens the chance of missing important decisions on time sensitive issues
      • Ensures good usage of the time available
      • Appropriate preparation requires:
      • Conforming to legal requirements
      • Preparing for decision making
      • Proper distribution of materials
      • Selecting and preparing a meeting site
    • How to Prepare:
      Start Early
      Allow yourself more time than you thought you would need for preparation
      Familiarize yourself with Legal Requirements
      Each community has legal requirements it must adhere to, being aware of these is vital to success
      Frequency of Meetings
      Voting
      When the meetings open and close
      Decision Making
      Board meetings are the end, not the beginning of decision making
      Read all supplied documentation well in advance of the meeting, and make sure others have access to the same material
      Meeting Notifications
      Send notification of the meeting time and location at least a week in advance to board member
      Meeting Location
      Select a public location: Avoid meeting in Board members homes
      Select a location that is neutral for all parties attending: instead of a local church look for a local school that will allow use
    • Conducting the Meeting
      Utilize the basics of parliamentary procedure
      Clearly establish the role of the presiding officer to all present before the beginning of each meeting
      Display proper behavior during debate
      There is a difference between debate and argument
      Executive sessions
      Maintain accurate record keeping
      Meeting minutes
      Action item lists
    • Basics of Parliamentary Procedure
      Maintain Order
      Focus on one, and only one, matter at a time
      If other matters begin to come into debate, call for order and bring the conversation back to the matter up for discussion
      Courtesy leads to success
      The rights of individuals should be recognized and respected
      There are no filibusters in board meetings
      Majority Rules
      The will of the Majority must dictate action on issues
      Protection of Rights
      The rights of the Minority must be protected
      If one side loses the majority vote, it does not mean they were wrong: Simply outvoted
      Justice
      Everyone is entitled to a voicing of their position
    • A Manager’s Role
      Play a key role in effective board meetings
      Their role has multiple layers
      Support Staff
      Professional Advisor
      Facilitator
    • The Basics
      Support Staff
      Sees to it that the meetings are well prepared and board members have the needed information in advance
      Professional Advisor
      Provides the board with guidance and perspective in matters before the Board
      Facilitator
      Assists in facilitation of meetings by providing historical information on past decisions and responding to inquiries about the management reporting
      Assists in managing personality conflicts
      Calling for a break to allow others to “cool down”
    • Action and Responsibilities
      Legal Basics for Community Associations
    • Types of Associations
      Planned Community Association
      HOA (Homeowners Association)
      POA (Property Owners Association)
      PUD (Property Unit Development)
      TOA (Townhome Owners Association)
      Condominium
      Cooperative
      These three can exist by themselves or be part of a mixed use development which may have a “Master” Association or “Umbrella” Association
    • Planned Communities
      An owner owns a lot
      The Association owns the common area
      Pool
      Clubhouse
      Entrances
      Owners are “members” in the association
    • Condominiums
      Individual ownership of a unit
      An undivided interest in Common elements
      Percentage of ownership in the property
    • Cooperatives
      Owner will own stock or have membership in co-op
      Hold a lease agreement that defines the rights and obligations to live in the unit.
      Owners have two legal relationships with Cooperative
      Stock Holder
      Tenant
    • Hierarchy of Authority of Law
    • Federal Law
      • Federal Telecommunications Act
      • Americans with Disabilities Act
      • Federal National Mortgage Association
      • Fair Debt Collection Act
      • Federal Income Tax Law
    • State Statutes
      NC Planned Community Act
      House Bill 1541
      NC Non-Profit Corporation Act
      NC Fair Housing Act
      NC Clean Water Act
      NC Condominium Act
      SC Horizontal Régime
    • Court Decisions
      Weise vs. Harrington
      Raintree HOA vs. Bleimann
      Armstrong vs. the Ledges HOA
    • Recorded Map
    • Declaration, CC&R (Conditions, Covenants & Restrictions) or Master Deed
      Gives shape to the recorded map
      Creates interlocking relationship binding all owners to one another and to the community association for the purpose of maintaining, governing and funding the development
      Establishes protective standards, restrictions, and obligations in areas such as architectural control or use restrictions
      Creates the administrative frame work and purpose for the operation and management of the association
      Provides the mechanism for financial support of the community association through assessments
      Establishes the method of transition of control of the community from Developer to Homeowners
    • Articles of Incorporation
      Bring the corporation into existence
      Define its basic purposes and powers (from CC&R’s)
      Indicates whether stock is issued
      Indicates whether there will be a board of directors
      Reasons for Incorporating
      Helps limit liability of owners and officers
      Entitles the association to the rights granted to all corporations
      Easier to deal with other corporations
    • Bylaws
      Formally adopt governing regulations for the administration and management of an association.
      Included in the Bylaws:
      Requirements for membership
      Requirements for membership meetings
      Voting rights of member owners
      Procedures for electing the Board of Directors and qualifications
      Procedure for the Board of Directors to elect officers
      General Powers and Duties of the Board
    • Resolutions
      Established by a motion of the Board
      May enact rules/regulations to clarify Covenants and/or Bylaws or establish procedure for uniform enforcement
      Cannot contradict the Bylaws or CC&R's
      Types of resolution:
      Policy Resolution
      Administrative Resolution
      Special Resolution
      General Resolution
    • Community Governance
      Good governance is understanding of the rules
      Good governance is providing uniform enforcement to create a sense of fairness and equity among residents
      Good governance promotes harmonious community living
      Good governance will maintain, preserve, enhance and protect property values and other assets of the community
    • Action and Responsibilities
      Introduction to the CAI
    • For 32 years the Community Association Institute (CAI) has been the national voice for an estimated
      50 million people
      250,000
      who live in more than
      community associations in the United States.
      An estimated 9,000 to 11,000 new community associations are formed every year.
      • CAI is dedicated to fostering vibrant, responsive, competent community associations that promote harmony, community and responsible leadership.
      CAI advances excellence through a variety of education programs, professional designations, research, networking and referral opportunities, publications, and advocacy before legislative bodies, regulatory bodies, and the courts.
    • Education
      CAI Membership provides access to numerous online educational materials
      The majority of these are available 24/7/365
      Online learning courses are self paced, allowing learners to absorb the material at whatever pace is comfortable to them
      Community Association Leadership Development—Online Interactive Course
      The Community Association Leadership Development program, an online learning course created by CAI's Washington Metropolitan Chapter, provides community association leaders and would-be leaders the critical information needed to function effectively. This course is intended to educate you about the functions and tasks required for the role you will play in your community association.
      The course is self paced, can be completed within one hour, and available 24 hours a day seven days a week.
      FOR MORE INFORMATION GO TO caionline.org!
    • With Kuester at your side, you are never alone!
      Kuester Management Group partners with
      THE MISSION OF CAI
      To assist community associations in promoting harmony, community, and responsible leadership. We believe that by giving board members, managers, and homeowners the knowledge they need to better run their associations, they can turn "owners" into "neighbors," increasing harmony, and leading to more prosperous, safer communities.