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IN THIS ISSUE
Simplified Self-Management
Seasonal Tips-Fall & Winter Prep
New Law Affects Non-Condominium Associations
Open vs. Closed Board Meetings
September 29th Seminar: Self-Management
Decrease Liability & Increase Efficiency
Simplified Self-Management
A Practical Guide with How-To's & Forms
SSM House Graphic

An essential resource of best practices

for Boards of condominium and
community associations in Illinois

·  17 Step-By-Step How-To Instructions
detailing Condo Protocols in 8 categories
(*Recommended Best Practices also for
Townhome & Homeowner Associations)


·  Over 70 Fully Customizable Electronic
Forms & Templates
(Microsoft® Word, Microsoft® Excel &
Acrobat® Reader Compatible)


·  Best Practice Protocols for Compliance with the ICPA and other regulations

·  Guidance from Experienced & Responsive Condo Management Consultants

·  Periodic Updates for pertinent law changes
or new How-To's & Forms

Learn how to get your "house" in order
by proactively managing the
Administrative, Financial and Physical
aspects to end Board burnout and protect your investment in the following categories:

SSM Features List


Get Sample How-To's & Forms, Review Table of Contents, Press Release and Learn More

SEASONAL TIPS...
FALL & PROACTIVE WINTER PREP

Click on the photo above to review testimonials from clients and industry professionals.
Lake Hinsdale Village

Foreclosures or Vacant Units:

If your Association is unfortunate enough to have an unoccupied unit, be sure to work with the unit owner, bank or Realtor to ensure that minimum heat settings are in place when the cold arrives to prevent burst pipes and water damage.  Contact your attorney, as needed, if cooperation is not provided and the Board needs to take control of the situation to protect the property.  Don't wait until the temperature dips below freezing as it could take some time to research an appropriate contact person who may have the authority to assist you.

Winter Reminders:
Notices should be sent out to remind vacationing owners to set their thermostats to a safe level to prevent pipes from freezing in their absence, which could possibly cause serious damage that they could be held responsible.  In addition, if gone for long periods, ice makers should be shut off to prevent clogging and flooding.  And, with the switch from cooling to heating, this is a good time to replace batteries in carbon monoxide detectors and smoke alarms.  Contact the appropriate professional for guidance, when applicable. 

Snow Removal:
Be sure your snow removal contract and/or protocols are in place (i.e., who will shovel) prior to the first snow fall or you will be left out in the cold.  Place plastic buckets of the proper salting materials for your property (i.e., salt, calcium chloride, etc.) with lids and scoops at each entry door, garage and/or gated parking areas.  Request that all owners be considerate when entering/leaving the property to spread materials to prevent icy spots and slippage between snow removal visits.

Landscaping:
While yanking out your end-of-the-season annuals and putting down your mulch, this is a good time to do an inventory of what plants did not survive the summer and may require replacement.  Check with your landscaper or garden center to determine if now is a good time to replace dead bushes and/or sod or if specific plants may be best to wait for Spring.  This will also help you with next year's budgeting.
 
Window Washing & Carpet Cleaning:
Fall is a good time to schedule your last window washing of the year and carpet cleaning prior to the holidays, so your common areas will look nice when your owners entertain.

Sprinklers, Water Spigots & Pipes:
Sprinklers and outdoor water spigots should be turned off and drained prior to freezing temps.  Inspect any uninsulated pipes in lower levels and take precautionary measures to prevent frozen pipes.

Holiday Preparations:
Time to review or create Rules regarding holiday decorations.  Live trees should be carried through the property inside tree bags to prevent debris.  Specific dates should be included to ensure decorations aren't installed too early or stay up too long after the applicable holiday.  Safety must be a top priority.  And, protocols for holiday parties will prevent inconvenience to others.

Rubbish Rebates:
If your Association is in the City of Chicago and has more than 4 units, be sure to contact your Alderman's office to apply annually for the Condo Refuse Rebate.  The deadline is usually the last City Council meeting of the year or you could be missing out on a sizable reimbursement to your Association.  (see AAI Spring 2007 Newsletter archive issue for further details)

Annual Calendar:
Fall is a good time to review your Reserve Study, not only for budgeting purposes, but also to consider implementing the recommended maintenance projects for the upcoming year.  Be sure to include these in your Annual Calendar and start getting proposals, so you will be ready to implement the projects come Spring.  For larger projects, a loan may be considered as a viable financing option.

Don't have an Annual Calendar and/or are unfamiliar with the above protocols?  Then perhaps our Services will benefit you!
 
QUICK LINKS... 


 

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Shirley Feldmann
Founder/Project Manager
773.348.0742

Angela Falzone
Property Consultant
847.685.0710


Shirley Feldmann and Angela Falzone
Shirley & Angela 10/2009

Click on the above photo to learn
about our credentials.



© 2010 Association Advocates Inc.  All rights reserved.

Information provided in this newsletter is not a replacement for legal, accounting, or other professional services, as needed.  Articles enclosed are with the permission of writer.  Association Advocates Inc. is not responsible for information provided by a third party.

Newsletter/Fall 2010

Greetings!

Association Advocates Inc. is celebrating the start of our 9th year helping homeowners protect their investment.  We have served over 135 client associations-ranging in size from 3 to 700 units-developers and management companies.  Thanks to all for your support and referrals!  Please let us know how we can be of service to help protect the value of your home and investment.

We are also proud to announce that Angela Falzone was nominated by a group of industry professionals and appointed to the Illinois Community Association Manager Licensing and Disciplinary Board of the Illinois Department of Financial and Professional Regulation, which is intended for the regulation of managers of community associations as per Statute 225 ILCS 427.

In this issue, you'll learn about an important new law regulating townhome and homeowner associations, the differences between closed vs. open meetings, and proactive seasonal tips to protect your association.  Also save the date to learn the basics from our new Simplified Self-Management program in our September seminar.

If you would like to share this newsletter, the "Forward Email" link at the bottom of this email will save the formatting, links and graphics.  All email addresses are kept confidential and are not shared with anyone.

-- Shirley Feldmann & Angela Falzone
New Law Affects Non-Condominium Community Associations

Click above to review the Illinois Common Interest Community Association Act.
IL Seal Logo
For many years, confusion has reigned on the proper protocols to manage townhomes and homeowner associations.  Not specifically addressed by the Illinois Condominium Property Act (ICPA), board members have been left to fend for themselves when making decisions or seeking legal guidance.  Section 18.5 of the ICPA was considered a reference point, but many specific issues relating to townhomes were left out of the language making it challenging for non-condominium Boards to efficiently manage their associations.

In July of this year, the Illinois General Assembly enacted the Illinois Common Interest  Community Association Act (ICICA) to assist in the many questions regarding community associations.  Topics now in place to assist Boards include, but may not be limited to:  Clarifications for record keeping; Definitions of terms; Duties of the Boards; Adoption of budgets; Special assessments; Reserve funding; Developer responsibilities; and, Financial requirements relating to assessments and delinquencies.

While there are many points in tandem, varying differences are evident between the ICPA and the ICICA.  One specifically is the requirement that a portion of a Board Meeting must be reserved for comments by unit owners, which is not a requirement for condominiums.  Also unique to the ICICA, leasing is addressed stating clearly that no amendment to the original documents can negate an existing lease for as long as that ownership of the unit remains. 

There are specific exemptions to the ICICA due to unit size, annual budget amounts and other factors.  A review and understanding of the new ICICA is recommended for all non-condominium Boards to ensure compliance and to determine if electing to be subject to its terms should be considered and/or of any conflicts with the Association's current governing documents.  While it may appear complicated, it is a helpful tool that was long overdue to end certain ambiguities and is a welcome piece of legislature to a constantly evolving industry.

Joonho Yu, Esq., and David Hartwell, Esq., of Penland & Hartwell LLC have provided us with the below article explaining some of the nuances of the new law.  You can also click on the graphic above to review the entire statute.

"The Illinois Common Interest Community Association Act" by Joonho Yu & David Hartwell
 
Open vs. Closed Board Meetings

Meeting GraphicOne of the most confusing aspects of management for new and seasoned Boards is the issue of meetings and making decisions.  When do owners get to vote?  How often are Boards obligated to meet and must the owners always be notified? What are the differences between Member vs. Board meetings?  Can the Board make decisions between Board meetings?

Not following all applicable meeting requirements can increase liability of the Board members.  The possibility of not being in compliance with the Not-For-Profit-Corporation Act (NFPCA) and other laws on how to hold proper meetings may not only create an atmosphere of suspicion to owners, but can cause challenges to the Board's decisions and actions. 

In addition, the efficient use of an Agenda and parliamentary procedure will help to limit the meeting to one-hour and the proper drafting of Minutes is important to accurately document the actions by the Board.  In today's economic climate, many lending institutions are now requiring up to 2 years of Minutes not just for a unit sale but also for a refinance.  Without it, the bank may reject the loan.

Decision by "Mob Rule":  Owners are often surprised to learn that, with only a few exceptions, the only time they get to vote is at the Annual Member's Meeting and usually only for one issue-who serves on the Board.  The Board is the governing body that has a fiduciary duty to make decisions in the best interest of the Association.  Smaller associations often have a misperception that all owners get to vote at Board Meetings.  This is not only incorrect, but creates "Mob Rule" from which little can be accomplished except contention among owners and lack of management by the Board.

"Working" Sessions vs. "Executive" or "Closed Sessions:  Making decisions in these types of meetings is also incorrect as all Board decisions must be made in an Open Meeting where all owners have the opportunity to attend and watch the Board perform the business of the Association.  While the ICICA requires that a portion of a community association Board Meeting be reserved for owner comments, condominium owners do not get to speak at Board Meetings unless at the invite of the Board, often through an "Open Forum" which may be an item on the Agenda.  While monthly meetings are not required by law, Boards are obligated to meet at least four times/per year per the ICPA and new ICICA.

Robert Prince, Associate with Tressler LLP, has provided us with the below article to help better understand Board Meetings.
"The Five Strategic Steps To Efficient Self-Management"

Hosted by The Village of Oak Park
Housing Programs Division

Wednesday, September 29th:  7 pm - 9 pm


AAI small B&W logo
Village of Oak Park
123 Madison St.
Room 201

Oak Park, IL

Free Seminar



Learn some of the basic principals from our new:


Simplified Self-Management
Simplified Self-Management
A Practical Guide With How-To's & Forms

An essential resource of best practices for Boards of
condominium and community associations in Illinois


This free seminar is open to residents and non-residents.  RSVPs are encouraged to ensure enough handouts are available, but walk-ins are welcome.

Learn more....   Events & Seminars
Decrease Liability & Increase Efficiency

Click on photo to learn more About Us/Services.
3130 Fullerton CA
What makes AAI different?  We provide customized training designed for your Association's specific needs, prompt responsiveness and practical information to help empower the Board to increase efficiency and decrease risk.

Can you afford our services?  Can you afford not to have them?  Your home is most likely one of your biggest investments.  We can help your Board save time, money and frustration while protecting the value of your property in today's very competitive market.

Whether self or professionally managed, and regardless of the size of your property, if your Association doesn't understand how to stay in compliance with all applicable laws and protocols, then our services will benefit you. 

Below are just a few ways we can help you...

· NEW!  Simplified Self-Management--A Practical Guide With How-To's & Forms

· Association Allies... Partners for simplified self-management

· Board & Self-Management Training
· Developer Turnovers & Start-Up Protocols

· Management Coaching Retainers
· Project & Loan Management
· Management Searches, Mediation & Transitions
· Refresher Courses for AAI alumni clients
 
We can help you learn how to manage your Association like a well-run business to increase efficiency and decrease risk.  Call us today!

Learn more... Scope of Services
333 South East CA