BARKER MARTIN ATTORNEYS |
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Vial Fotheringham Lawyers |
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Alliance Association Financial Services
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Showplace Landscape Services |
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Willamette Landscape Services
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NEW EVENT:
Special Coastal Seminar! |
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You're invited!
A special event for our Coastal Oregon communities:
The Basics of Homeowner Association Management and Operation
DETAILS:
Date: February 23, 2013
Time: 8:30am-4:30pm
Location: Surftides Hotel, 2945 Northwest Jetty Ave, Lincoln City, OR 97267
PRESENTATIONS:
*Liens, foreclosures, bankruptcies, and remedies/actions
*Depository management, loans, and investments
*Financial reports, operating budgets, and rental pool accounting
*Reserve studies and maintenance plans
*Board liability, fiduciary responsibility, and conflict resolution
*Association rules and enforcement
*Understanding insurance policies and risk management
INCLUDES:
*Breakfast and lunch
*Take-home course materials/handouts
*Q & A session with industry experts
Visit the website or call Laura to register! |
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CAI Updates!
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CAI now offers a blog, where we post important updates, photos from events, and other fun items! Please visit: CAI Oregon Blog
CAI also now has a Facebook page at CAI Oregon Facebook, as well as a YouTube channel, where we will post event clips for those that are interested in learning what are events are about: CAI Oregon YouTube
Special Note: The CAI Oregon Sponsorship packet is now available at CAI 2013 Sponsorship Packet
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Exciting News from CAI Oregon!
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Check out new features on the CAI Oregon website, at www.caioregon.org. You can read the current newsletter, and explore the new "Resource Center" in order to view informational articles from past newsletters, slides from luncheon presentations, and other helpful handouts! We are excited to offer this new resource to help benefit our local associations from the comfort of their home!
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Portland Lunch
February 8th- Understand ing Contracts
CORC Kick-off
February 11th
Coastal Event
February 23rd- HOA Management and Operation
Portland Lunch
March 8th-
Conflict Resolution
CORC Breakfast
March 14th- HOA Finances
Please register online for these events at
www.caioregon.org
Click on "events" on the Main page.
Please visit the CAI Calendar for up-to-date information regarding upcoming events in Portland and Bend, Oregon.
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October Luncheon Recap: How to Conduct Effective Meetings |
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Association meetings can sometimes feel like a battlefield! Even though addressing the specific topics or people at hand can often be challenging, certain tools can help make association meetings more efficient and productive. One of the first strategies is to make sure you actually need a meeting. If the issue is solely about sharing or gathering information, then you may not even need one. Newsletters or other mailings can be a perfectly appropriate means to notify owners of seasonal information or other prevalent issues in the community. Also, properly chartered committees can gather information or take on limited tasks.
If you've determined you need a meeting, a central key to a smooth and productive meeting is preparedness. Strive to collect the necessary information and input that you need prior to the meeting. The best practice is to provide your meeting agenda with corresponding attachments to the board members a week before the meeting. This way, the board can review the materials and come to the meeting ready to discuss and make decisions. Overall, the meeting agenda is the single most important tool in achieving an efficient and effective meeting. It guides not only the smooth order of business, but it also provides an outline for drafting the minutes and for completing the tasks that develop from the meeting. The agenda helps keep the meeting on track, as it can set out not only the topics for discussion, but also can identify the corresponding presenter and a time allotment for each topic. A well-developed agenda helps set expectations of the board and the homeowners that may decide to attend.
We recommend including time for an Open Forum during Board Meetings. Whether the board includes it at the beginning or end of the meeting for some limited period of time (typically around five to ten minutes), allowing owners an opportunity to speak is a good idea. Owners should have a chance to participate in their association management beyond just the opportunity of running for a board position or serving on a committee, as not everyone's schedule allows for that time commitment. The advantage is that, if the association provides this opportunity and adheres to the formalities of responsible community management, when and if something goes wrong (which can happen despite best efforts), at least the homeowners will not be able to claim they did not have an opportunity to participate in the process. Remember, however, that for board meetings, the board sets the agenda and it is their meeting. Owners may participate at the board's invitation, but do not let the Open Forum take over the meeting.
Rules of order are another key to running an efficient and effective board meeting. Oregon law requires associations to conduct meetings according to Robert's Rules of Order, unless other rules of order are required by the declaration, bylaws, or by resolution of the board. Many association documents prescribe adherence to Robert's Rules of Order, as Robert's Rules literally provides the rules of running an orderly meeting. Under Robert's Rules, the chair runs the meeting, seeks motions for decisions, and manages verbal discussions, debates, and voting. Robert's Rules is a great tool designed to facilitate orderly and efficient meetings of large groups. However, its formality can be cumbersome for small boards and thwart the board's goal of meeting efficiency and productivity. Notably, Robert's Rules recognize this issue and allows for certain modifications of the Rules for small boards (anything less than 12-15 board members).
The small board modifications permitted under Robert's Rules include:
- The chair can make motions and vote on all matters.
- The chair can speak on any matter before the board.
- No motion needs to be seconded.
- There can be informal discussion of a subject without a motion being made.
- If a proposal is perfectly clear, a vote can be taken without any motion having been introduced.
- After a general discussion has been held without a motion, action can be agreed upon by unanimous consent without taking a vote at all.
In sum, Robert's Rules recognizes that a small board of 3-5 people ought to be able to meet and have an efficient meeting without adhering to some of the painstaking formalities of the full version of Robert's Rules. For further information on Robert's Rules, the Robert's Rules of Order website at www.robertsrules.org provides summaries of the procedural rules and many other helpful resources.
Finally, an efficient and productive meeting is one where emotions are kept in check and not allowed to overtake the meeting. Given the emotionally charged matters often facing associations and the personal stake homeowners have, it is not surprising that combating emotions can be one of the most challenging hurdles to overcome. There is no cure for difficult people and difficult topics, and every association is unique. However, adhering to the governing rules of order and sticking to a well-formed agenda will allow most boards to successfully navigate through stormy waters. Establishing a neutral meeting location, and one that fosters a professional demeanor, may also assist in tempering the emotional climate. Ultimately, if your association's history or other facts suggest violence at the meeting is a possibility, the board must seek to address the gravity of the situation. The association may want to seek legal counsel to find out what its obligations are and identify potential solutions. The board will need to assess whether the potential threat merits contacting the police or seeking other legal intervention. Hiring an off-duty police officer or other security person to attend the meeting are just some of the possible options. Meeting violence is on the extreme scale of things that can thwart an efficient and effective association Meeting. Fortunately, most associations can accomplish productive meetings without a concern for violence.
By following this simple advice, your board meetings will become much more productive and efficient. For more articles on running board meetings and other association issues, please visit www.barkermartin.com.
Article Prepared by Kathleen Profitt, Attorney at Barker Martin, P.S.
KathleenProfitt@barkermartin.com |
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Safeguarding Association Assets |
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American banks, businesses, and Associations are under attack. Cyber thieves from Eastern Europe and other parts of the world are bombarding entities with phishing emails which plant malware capable of extracting information which can be used to access online banking accounts. These attacks have increased to the point that large U.S. banks have requested the assistance from the National Security Agency. Organized criminal groups are well funded and have the expertise and funds to constantly change the methods used to extract data. It is no longer a question of if you will be successfully attacked, it is now only a matter of when.
Add to this threat the capability of in-house thieves bent on stealing Association cash and trying to cover up the act through innovative bookkeeping entries. These criminals are likely to be trusted individuals that find themselves in dire financial circumstances caused by gambling habits or unforeseen medical expenses. Or they are simply thieves that see a chance to steal funds and cover up the act.
Stuart Cohen of Landye Bennett and David Schwindt of Schwindt & Co addressed these issues at the January 14, 2013 CORC monthly luncheon held at the Oxford Hotel in Bend, Oregon.
Stuart Cohn addressed recent cases in Oregon where individuals seized Association assets and the ramifications to the Associations. David Schwindt reviewed internal controls relating to financial controls and controls relating to on-line banking. These controls are designed to help prevent or make it very difficult for criminals to steal assets and cover up the theft. Stuart also discussed insurance products that can help mitigate loss.
The program was well received and prompted many questions from those who attended relating to ways that Associations can protect themselves from theft.
Additional information concerning Association Safeguards can be found on the CAI Website caioregon.org, schwindtco.com and lbblawyers.com.
Article prepared by David Schwindt, of Schwindt Co.
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Association Infrastructure: Management's Role |
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Management companies have their own infrastructure and typically have procedures for maintenance, budgets/finances, and governance. Their task is to help develop a policy structure for the association and be a leadership guide for the board, both in enforcing existing policies and creating new ones based on needs. The overall goal is to put in place a cohesive system of guidelines that the board, management, and owners can defer to when it comes to day-to-day community living, as well as isolated issues that come up. Ideally, these rules should be put in place before issues that call for follow-through of that rule take place. A good example of this is parking issues where possible towing is needed, or after-hours repair emergencies. Who do owners call? When is it appropriate to call management? What vendor is called? Who is the designated party to make the call? What kind of approval is required before action is taken? How is it determined if a car needs to be towed? Another good example of this is rental policies (which typically come in the form of an amendment or resolution). It's best to have this policy in place right away, before the amount of rentals become unmanageable or exceeds a maximum percentage that your governing documents may require. Rules and regulations, and what is allowed or prohibited on the property, can also serve to set boundaries for owners or board members that wish to enact something on the property that other owners may not be pleased with.
Through all of these things, management has information and is a resource in current procedures for creating rules. Making sure your documents have, or are amended to have, a provision for staggered board terms is important in keeping a flow of history and familiarity in enforcing the association's infrastructure within the board. The members of the association will also be called upon to be sure to elect directors at each annual meeting who have a balanced sense of needs for the community and the desire to serve everyone equally. These directors should not be agenda-driven, but should be willing to continue-and make stronger-the infrastructure put in place and enforced by previous boards.
Article Prepared by Wes Finchum, Noah and Associates
Wes.Finchum@noahandassociates.net |
CAI-OREGON 2013 BOARD OF DIRECTORS | |
President - J. Patrick Moore CMCA, King City Civic Association j.pat.kcca@comcast.net, 503.639.6565
President Elect - Jason L. Grosz, Vial Fotheringham, jlg@vf-law.com, 503.684.4111
Treasurer - Jed Spera, Community Management Inc. jeds@COMMUNITYMGT.com, 503.445.1116
Secretary - Kathleen Profitt, Barker Martin P.S.
kathleenprofitt@barkermartin.com, 503.796.9806 x143
Director - Leland Jaquay, leland.jaquay@comcast.net
Director - Josh Rice, joshuajrice@gmail.com
Director - P. Stephen Russell, Landye Bennett Blumstein, srussell@landye-bennett.com, 503.224.4100
Director - Eric Gordon, Superior Community Management, eric@superiorcommunity.com, 503.684.1832
Director - Barb Casey, Kennedy Restoration,
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CENTRAL OREGON REGIONAL COUNCIL 2013 Board of Directors | |
CORC President Elect - Teresa Payne, Fieldstone Management
541.390.7225
CORC Director- Greg Coxey, Vial Fotheringham, gbc@vf-law.com, 503.542.0388
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CHAPTER COMMITTEE CONTACTS | |
Events Chair - Ashley Yorra, Vial Fotheringham amy@vf-law.com 503.684.4111
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CORC COMMITTEE CONTACTS | |
Sponsorship Committee OPEN |
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Community Associations Institute is a non-profit educational and resource organization formed in 1973 to guide homeowner associations and their shared facilities in condominiums, planned unit developments and open space communities.
or call our Chapter Administrator, 503-531-9668.
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