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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.