CAI-MN Minnesota Community Living - July/Aug 2014

In this Issue:

What’s so Great About Community Associations? .......... 9

Here’s My 2014 CAI National Conference Story ..................... 11

Keeping Your Eye on the Ball: How CAI-MN’s Website Can Help ...................... 24

Dealing with Drought Stress .................... 27

Watering Restrictions in the Land of 10,000 Lakes ..................... 31

Storm Safety ......... 36

And Much More!

July/August 2014 Volume 32 • Issue 4

Visit us online at www.cai-mn.com.

All-StarsMinnesota proudly hosted MLB’s All-Star game this year! In honor of baseball’s All-Stars, as well as the upcoming CAI-MN Vision Awards, inside this issue you’ll find information for nominating All-Stars in your community as well as articles to keep your home and yard in All-Star shape.

Minnesota Community Living2

July | August 2014 3

PresidentMichael Klemm, Esq.Phone [email protected]

Vice PresidentGene SullivanPhone [email protected]

TreasurerHalo Stafford, CMCA, AMS, PCAMPhone [email protected]

Secretary Nancy Polomis, Esq.Phone [email protected]

DirectorsTom Engblom, AMS, ARM, CMCA, CPM, PCAM Phone [email protected]

Joseph Fadell Phone [email protected]

Russ Lis, CMCA, AMS Phone [email protected]

Jim RezekPhone [email protected]

Michelle Stephans, RS Phone 763.754.5500 [email protected]

Crystal Pingel, CMCA, AMS, PCAMPhone [email protected]

Joel Starks, CMCAPhone [email protected]

Board of Directors

CAVLLynn BoergerhoffPhone [email protected]

Communications ChairJanice PykaPhone [email protected]

Charitable Outreach Committee ChairCliff KurthPhone [email protected]

Education Committee ChairNigel MendezPhone [email protected]

Golf Tournament ChairKris BirchPhone [email protected]

Legislative Action ChairGreg Pettersen, RSPhone [email protected]

Membership ChairJared LawrencePhone [email protected]

Social CommitteeTracey BernierPhone [email protected]

Trade Show Committee ChairJon Edin Phone [email protected]

Vision Awards ChairJane Bristow, CMCA, AMSPhone [email protected]

Committee Chairs

The Major League Baseball All-Star Game provides an op-portunity for fans, players and managers to honor outstanding baseball players. On this occa-

sion, I want to recognize the outstanding volunteers and committee chairs who dedicate their time, talent and energy to serve community associations and the Minnesota Chapter of CAI.

Most of the work of CAI-MN is done at the com-mittee level, and our organization could not provide outstanding opportunities for education, network-ing, and other benefits without these volunteers. I would like to thank everyone who has served on a committee during my term as President. Space does not permit me to recognize all of our volunteers and past committee chairs individually, but I would like to highlight the efforts of current committee chairs and members.

Charitable Outreach Committee: The new Chari-table Outreach Committee, under the leadership of its founder and chairman, Cliff Kurth, researched po-tential charitable partners for CAI-MN and recom-mended Minnesota Adult and Teen Challenge to the Board. The Committee then coordinated the first charitable auction of CAI-MN to benefit Minnesota Adult and Teen Challenge, which raised thousands of dollars to support treatment and recovery programs to help people in our community gain freedom from chemical addiction.

Communications Committee: The Communica-tion Committee, led by Janice Pyka, coordinates six editions of Minnesota Community Living per year and assists with the CAI-MN website and other commu-nications. Special recognition goes to Joel Starks, the mastermind behind this year’s theme for Minnesota

Community Living based on the Minnesota Twins hosting the 2014 All-Star Game. If you have the op-portunity, be sure to ask Joel about his experience at professional umpire school.

Community Association Volunteer Leaders (CAVL) Committee: The reinvigorated Com-munity Association Volunteer Leaders Committee, under the leadership of Lynn Boergerhoff, coordi-nates educational programs specifically designed for volunteer homeowner association board members. The committee works diligently to identify relevant topics, select qualified speakers, coordinate seminars and promote events to volunteer board members.

Education Committee: The Education Committee, under the leadership of Nigel Mendez, coordinates educational seminars for association managers as well as community association volunteer leaders and business partners. The Education Committee is a fine-tuned machine and does an outstanding job planning events far in advance and coordinating the many details that go into a successful event.

Golf Committee: The annual Golf Event is one of the highlights of the year for the Minnesota Chapter of CAI. Kris Birch is leading the committee, prepar-ing for another great golf tournament this year. The fun and relaxed atmosphere at the annual Golf Event is a tribute to the strong professional relationships formed through CAI and the hard work of the com-mittee organizing the event.

CAI-MN Legislative Action Committee: The CAI-MN Legislative Action Committee reports to CAI’s Government and Public Affairs office in Falls Church, Virginia, and works closely with the Minnesota Chapter of CAI. Under the leadership of Greg Pettersen, the LAC was very active in the

From the President

By michael Klemm | cai-mn President

CAI-MN All-Stars

all-stars continued on Page 38


,

Recognizing StarsBy matt drewes, thomsen & nyBecK, P.a., attorneys

2014 MCL Magazine Themes & Editorial ScheduleAre you interested in contributing an article to an edition of the MCL? We take the time to consider each article that is submitted for publication in CAI-MN’s magazine. So if you enjoy writing, enjoy researching industry topics, or want to share your findings on a discovery you’ve made, then feel free to contact us and submit your article. Articles can be sent to [email protected]. This year’s magazine themes and article deadlines are listed below.

September/October Theme: “Post-Season” Topics: Budgets, finishing the year strong

November/December Theme: “Off-Season” Topics: Evaluating the year, analyzing strategy, looking ahead to next year Article Deadline: September 1, 2014

The 2014 magazine themes will all be focused around a baseball theme. We encourage you to consider using some “baseball creativity” in your advertisements. Keep your eyes and ears open for information on an upcoming advertisement contest during 2014.

Announcement for Current & Potential Advertisors

The CAI-MN communica-tions com-

mittee is continuing its year-long baseball theme with this issue of the magazine, as we continue to draw parallels between the

Major League Baseball calendar and the cycle of events for our community associations. When you receive this issue, the 85th All Star Game has been played at Target Field, cel-ebrating baseball’s biggest stars and some of its best performances. Some of the game’s stars of the future are also recognized and given an opportunity to play in the Futures Game, which features minor leaguers from mul-tiple levels, each recognized as having great potential, competing against one another. The Home Run Derby is another showcase for some of the more impactful players. Those players not participating in the festivities get a much-needed break, but before and after the brief break from the regular season, it will still be business as usual. Chuck Tanner, manager of the 1979 World Series champion Pittsburgh Pirates, said, “What you have to remember is that baseball isn’t a week or a month but a season—and a season is a long time.” There’s still plenty of work to do before baseball season is over. Teams will continue to battle for playoff position and some may shake things up with a trade for a key piece they’ve been missing.

We in the Minnesota Chapter of CAI are preparing to honor our best and our brightest as well. The annual Vision Awards will be held in October and in this magazine we’ll plan to continue to feature those who are nominated or who may have won past awards as we gear up for the event. And as we choose who to recognize, we would do well to remember again Mr. Tanner’s wisdom: “I don’t think a manager should

be judged by whether he wins the pennant, but by whether he gets the most out of the 25 men he’s been given.” The Vision Awards are important, and winning one is a distinct honor worthy of recognition. But, like baseball managers, property managers shouldn’t only be judged on whether they win an award, but what they’re able to do with the resources they’re given. Now may be a time when you can share news of strategies, processes, or people that are working well in communities, including those who make the most of what we have, or how to stretch a community’s resources a little further or even how to reduce stress

when facing decisions. Nominate someone you value for a Vision Award. Let them know they’re “right up there with lobster.”

Even in Minnesota, “a season is a long time.” There will still be a need to continue the work required to keep communities looking good and operating smoothly. There may still be projects to complete, or there may be storm damage to evaluate and repair, and of course there are lawns and landscaping to maintain. Just as the pros do, we’ll keep our noses to the grindstone, and appreciate those making it work with the resources they’re given.

“It’s right up there with lobster” — Gary Gaetti (on being selected to an All-Star Team)

mailto:[email protected]


series3 President’s message By michael Klemm

6 asK the attorney By nigel h. mendez

15 carin’s corner By carin rosengren

Published by Community Associations Institute — Minnesota Chapter, copyright 2014. All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Minnesota Community Living or CAI–Minnesota Chapter. The information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting, or other professional services by the CAI–Minnesota Chapter, or by Minnesota Community Living, or its authors. Articles, letters to the editor, and advertising may be sent to Monte Abeler at [email protected], or at CAI–MN Chapter, 1000 Westgate Dr., Suite 252, St. Paul, MN 55114.

Calendar 2014

register today!

august managers seminar — reserve studies: the why, how and “what now?”Tuesday, August 12, 20141000 Westgate DriveSt. Paul, Minnesota 55114 Registration Now Open! Visit www.cai-mn.com

uPcoming events

sePtemBer managers seminar

Tuesday, September 9, 2014

cai-mn law seminar

Tuesday, October 14, 2014

cai-mn 2014 vision awards

Thursday, October 23, 2014

novemBer managers seminar

Tuesday, November 11, 2014

For more uPcoming events Please visit our event calendar at cai-mn.com

Index

AMBE, Ltd .................................................. 20

All Ways Drains ............................................ 29

ADAC-MN, LLC ........................................... 32

American Family Insurance – Jeff Mayhew ..... 29

APMC - Association Property Management

Company................................................. 32

Asset Exteriors ............................................ 23

Benson, Kerrane, Storz & Nelson, P.C. ....... 35

Carlson & Associates, Ltd .......................... 29

Columbus Exteriors, Inc. ............................... 2

Community Advantage . ............................. 37

Community Development, Inc. ................... 16

Complete Building Solutions ....................... 7

Construct All-Corporation .......................... 20

Final Coat Painting ...................................... 19

FirstService Residential ............................... 10

Gassen Companies ........................................ 8

Gates General Contractors ........................ 13

Gaughan Companies ................................... 30

Gopher State Sealcoating, Inc. .................. 32

GW Cross, LLC ............................................ 32

Hammargren & Meyer, P.A. .......................... 9

Hellmuth & Johnson, PLLC. ........................ 10

Jet Black ..................................................... 14

Levin & Edin ................................................ 32

Mutual of Omaha Bank – Community

Association Banking & CondoCerts ........ 29

New Concepts Management ...................... 20

Omega Management, Inc. .......................... 19

Plehal Blacktopping .................................... 29

Reserve Advisors ......................................... 29

Reserve Consultants, Inc. ........................... 19

Reserve Data Analysis, Inc. ......................... 32

Russo Consulting, Inc. ................................ 38

Schwaders Lawn Care and Landscape ....... 15

Schwickerts Roofing .................................... 29

Sela Roofing ............................................... 26

Sharper Management ................................ 29

Strobel & Hanson ....................................... 32

Thomsen & Nybeck ..................................... 32

TieiVote ....................................................... 38

Toohey Law Firm, P.A. ................................ 20

TruSeal America .......................................... 40

Xtreme Exteriors ......................................... 39

[ ADS ] Index of Advertisers

2014 Annual PartnersPlatinum Asset Exteriors Community Development, Inc. Complete Building Solutions, LLC Gassen Management Gaughan Companies Sela Roofing & Remodeling Xtreme ExteriorsGold Community Advantage FirstService Residential Hellmuth & Johnson

Silver All Ways Drains

American Family Insurance - Jeff Mayhew Benson, Kerrane, Storz & Nelson Carlson & Associates Hammargren & Meyer, P.A. Levin & Edin Sharper Management Thomsen & Nybeck Bronze American Building Contractors

Dougherty, Molenda, Solfest, Hills & Bauer P.A.

Michael P. Mullen, CPA, PLLCSERVEPRO of MinnetonkaTru Seal America, LLC

Find articles from this issue and archived articles online at cai-mn.com in the Minnesota Community Living (MCL) Resource Library.

11 here’s my 2014 cai national conFerence story

By lynn BoergerhoFF, woodstocK townhome association

12 out oF the ordinary—cai national conFerence recaP

By BoB macdonald

17 have you reached your learning curve? By tom engBlom, mutual oF omaha BanK

18 accommodation or modiFication under the Fha (Part 2)

By matt drewes, thomsen & nyBecK, P.a.

21 tree trouBles aren’t always as they aPPear By Jonathan heaton, Bartlett tree exPerts

24 KeePing your eye on the Ball: how cai-mn’s weBsite can helP

By elizaBeth rein, hammargren & meyer, P.a.

27 dealing with drought stress By Jonathan heaton, Bartlett tree exPerts

31 driP—driP—driP...water restrictions in the land oF 10,000 laKes

By Jim golden, coit cleaning and restoration

32 swimming Pool saFety By Jewel PicKert, conFlitel resolutions, llc

34 Fire concerns in all seasons—how lightning aFFects your summer saFety


36 storm saFety By Jewel PicKert, conFlitel resolutions, llc

features4 recognizing stars By matt drewes, thomsen & nyBecK, P.a.

9 what’s so great aBout community associations?

By carin rosengren, Keller ProPerty management

register online at www.cai-mn.com

For more inFormation regarding an event, call the oFFice at 651.203.7250 or visit the cai-mn weBsite. online registration is availaBle at www.cai-mn.com.


This column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues that they have encountered with

respect to their associations. Discussion of these questions, as well as prior questions, can be found on the CAI-MN LinkedIn page: www.linkedin.com/groups?gid=1769135

I have had many questions recently regarding directors. I have combined these questions to create this month’s article. You may recall from the January/February issue of this magazine1, that there is a distinction between directors and officers. This article will focus on directors, who are generally elected by the membership of the association.

Are we able to limit who can be on our Board?

Yes. Associations are able to establish eligibil-ity requirements for prospective board direc-tors. The eligibility requirements are usually stated in your association bylaws or articles of incorporation, and can be amended to meet almost any standard desired, provided they are not discriminatory. Some of the most common requirements are: Board members must be owners of a unit in the association; board members must reside in the association (allows for non-owner family members or even tenants to serve); and the board as a whole must be comprised of a majority of owners. Provided that a require-ment is not discriminatory, the bylaws can be amended, often by a majority vote at a duly called meeting, to include such restrictions. For example, an association could require that an owner live in the association for one year prior to being eligible for election to the board. This would provide the members of the association more time to know the owner and determine if they are suited for the position.

1 Previous issues can be read on the CAI-MN website at www.cai-mn.com

Ask the AttorneyBy nigel h. mendez, esq., carlson & associates, ltd.

Can we control how long a board member can remain on the Board?

Yes. Associations can impose term limits for director positions. This can be done as a strict limit (no more than 3 terms); or require a break of a number of years between terms. However, in my experience, term limits are unnecessary, and in smaller associa-tions can be problematic. If the association members believe a director has done a good job, and the director wants to serve again, he/she can be re-elected. If association members don’t like the job the director has done, the members should elect a different representative. By imposing term limits, an association could be banning a quality leader from volunteering their time. In a smaller as-sociation, you might run out of people who are willing to accept the position!

I want to resign from the Board; how do I do that?

Pursuant to the Minnesota Nonprofit Cor-poration Act, a director may resign at any time by giving written notice to the associa-tion. The resignation is effective regardless of whether is is accepted by the association. It becomes effective immediately upon being given, unless the director states that it is to take effect at a later date. See Minn. Stat. §317A.221(a). Because it is effective when given, it is not possible to rescind such a res-ignation. However, a resignation that is given with an effective date specified in the future can be rescinded prior to the effective date. So if you are not 100% sure you are going to resign for good, be sure to make any resigna-tion effective far enough into the future to provide time for reconsideration.

We have a board member who resigned, now what do we do?

The Nonprofit Corporation Act provides that unless the governing documents state differ-ently, a vacant position can be filled either

by a vote of the members, or by a vote of the remaining board members. In practice, it is usually the remaining board members who will seek a representative to fill the vacated position. A majority vote of the remain-ing board members, even if the remaining members do not make up a quorum, is needed to elect a new board member. See Minn. Stat. §317A.227(a)(2). There is no prohibition on electing the board member who resigned, so if a board member resigned as detailed above, but had second thoughts, the remaining board members could re-elect that individual to the board.

How long does a board-elected board member serve?

Association bylaws often state that if the board fills a vacancy, that new board member will serve either the remainder of the term that was vacated, or until the next annual meeting of the members. If your docu-ments are silent on this issue, Minn Stat. §317A.207, Subd. 1(d) provides that the new director will serve the remainder of the unexpired term.

To have a question answered in a future article, please email it to me at [email protected] with the subject line “Ask the Attorney.” While I can’t promise that all questions will be answered, I will do my best to include questions that have a broad appeal. Questions will also be answered by other attorneys practicing in this area of law. The answers are intended to give the reader a good understanding of the issue raised by the question but are not a substitute for acquiring an opinion from your legal counsel.


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From CAI’s CopyrIght-free Content

Contrubutor: CArIn rosengren, Keller property mAnAgement

C ommunity associations offer one of the best opportunities for Americans to own their own homes. Like a

great baseball team, it takes top performers in different key areas for a successful association. But when all the components are in place, community associations are for homeowners in the 21st century what Kirby Puckett and Dan Gladden were to Twins baseball in the 20th.

Collective Management Protects ValueAmericans have accepted, for the most part, the collective management structure of com-munity association living. Covenants and rules are no longer a new concept to most of us: renters are used to lease agreements with restrictions; single-family, detached-home owners are used to zoning ordinances and building codes. The difference is that in traditional, single-family housing, restrictions are administered by public bodies rather than by private boards.

Most Americans have accepted private gover-nance because they understand that collective management and architectural controls pro-tect and enhance the value of their homes. In an HOA, most homeowners accept the function and structure of the governance, understanding that they are entitled to par-ticipate, to guide the daily operations, and set the course for the future for their association.

An All-Star team of homeowners who embrace their HOA’s governance and op-portunities for involvement is found at Townhomes of Kensington Condominium in Inver Grove Heights. With meetings run smooth-as-silk by longtime President John Magnusson, the board’s conduct of asso-ciation business is professional at the same time it welcomes and encourages members to attend and take part. The result is happy homeowners, efficient operations and desir-able property standards upheld throughout the community.

Privatizing Public Service Allows GrowthWherever a new community is built, local infrastructures are stretched. School popula-tions, snow removal, storm water manage-ment, road maintenance, utilities and traffic —everything increases, leaving cities unable at times to support new development. Yet housing is sorely needed, so local jurisdic-tions may require community associations to assume responsibilities that traditionally belonged to local government.

This includes some of the sewer and water lines running from a single unit to the street, with association-specific responsibilities that take dictate repairs according to how many of the units are affected. While local jurisdic-tions might try to assign certain responsibili-ties to an association, sometimes they get challenged, and sometimes the association wins.

In Maplewood, for example, the Board of Directors at Crestview Forest II recently prevailed in a multi-year debate with City Hall to have the city assume responsibility for the maintenance and repair of most of its streets. Now, the association can budget less for streets and instead focus on other items that will make the 20-year-old landscape and building exteriors as modern as the interiors of these well-kept homes.

“These (common area-plantings) are my pet peeve,” said Mary Barrett, director of the as-sociation. During a recent walk-through with a property manager, she regarded hosta and shrubs around a tree in the common yard of two units. “They look outdated, and are as old as the association in some places.”

Crestview II’s success with the streets is a unique example, since many associations’ roads are not wide enough to meet city stan-dards, and cities refuse responsibility to plow, repair and replace them. But associations still have a symbiotic relationship with the cities

where they’re built.

The privatization of public services has al-lowed local jurisdictions to continue develop-ing needed housing without increasing local taxes. Instead, the developer must build the infrastructure and create an association to maintain it after it’s developed.

The factors that make community associa-tions great places to live are easily ignored or misunderstood. Critics prefer to look at a few sensational issues instead of the whole picture. But for many, community associa-tions are affordable, enjoyable, efficient places to live.

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H aving settled into my seat for the return

flight from Orlando to Minneapolis, I’m able to reflect on the many thoughtful experi-

ences. I attended as a Board member of the Foundation for Community Associa-tion Research (FCAR), as a HOA Board President, and as Chair of CAI-Minnesota’s Community Association Volunteer Leader (CAVL) Committee. With just two years board presidency experience I’ve been in the FCAR and CAVL positions less than a year. This was my first CAI national conference.

It took some effort and money out of pocket to get here. Booking the airfare, finding a modest hotel near the conference site (I couldn’t afford the conference hotel rate), registration and calling for daily taxis came to about $1300. So what did I get beyond good coffee and great buffet dinners that made this a wonderful experience?

SurroundingsI left memories of Minnesota’s recent harsh winter at the airport. For the next 5 days I was surrounded by palm trees, orchids and wicker furniture in a spacious conference hotel with a tropical Indonesian theme. My mind opened and reset to receive from all my senses. The experience would be 360 degrees and I was ready to get my bearings. This change of surroundings, actually any change, is big part of great conference experience.

OrganizationMy experience with community associations was limited to my own Board Presidency and the CAVL members I met at CAI-MN’s education events. I quickly learned that CAI is solidly nation-wide with chapters in nearly all states and growing rapidly as an international organization. It’s an organization of and for volunteer board

By lynn BoergerhoFF, woodstocK townhome association

Here’s My 2014 CAI National Conference StoryAnd I’m Stickin’ to it

members, professionals and vendors with the ability to reach beyond my limited local experience.

PeopleFrom my first cup of coffee, I traded greetings with an ever-changing mix of volunteer leaders and professionals from a range of disciplines important to community associations. Sometimes I joined the conversations that followed. Other times I just listened. I enjoyed hearing the refreshing variety of personal stories and regional variation. The terminology was both the familiar and unexpected as I met peers from Dubai, Canada and Australia.

IdeasNo shortage of these. For me, that’s one of the main attractions of such multidimensional events; hearing about ideas that work and don’t work so well, and, like the well known serenity prayer, developing the wisdom to know the difference.

FeedbackI valued the feedback I heard in reply to my questions and comments. This was a reality check from other volunteer board members who were able to see my local experience through their lens.

VendorsWho better to help me appreciate the essential goods and services we use so often in community associations? These vendors know about the well established capabilities I need to serve homeowners and meet my fiduciary duties to the association. Ok…I did bring back a laser pointer/flashlight/pen tchotchke.

My take-awayThe CAI national conference was a rich experience, meaning full of quality features I wanted and needed. My reward was a refreshed outlook for the future of community associations here at home and across the US. Now let’s see what I can use in my association and local chapter.


In May I was honored to be one of the fortunate individuals

who traveled to Orlando to participate in the CAI National Conference and formally receive

my PCAM designation. After returning to Minnesota and hearing from other manag-ers, vendors and homeowners who attended, I decided to share some of the highlights of the conference.

The theme of this year’s conference was “Out of the Ordinary,” and that’s what we were encouraged to do—step out of the ordinary. Keynote speakers Stephen Harvill and Vince Poscente spoke on how we as individuals could break out of our comfort zone and realize our full potential. And, I can tell you that they did so in a powerful way. They were spellbinding and we all sat on the edge of our seats listening to every word. In fact, I found myself taking pictures of some of the slides with my phone so I could review them later. With this in mind let me share the contents of one slide with you because I reflect on it daily:

The story in 3 simple parts

What do you do? What value do you bring? How are you different?

But, enough of me. You can read some thoughts shared by Lynn Boergerhoff, who attended as a Board member of the Foundation for Community Association Research (FCAR), as a HOA Board President, and as Chair of CAI-Minnesota’s Community Association Volunteer Leader (CAVL) Committee, in the article “Here’s My 2014 CAI National Conference Story” on page 11. Like me, this was also a “first timer” to a CAI National Conference, and all I can do is echo Lynn’s words. From my perspective, he is spot-on.

By BoB macdonald, cmca, ams, Pcam

Out of the Ordinary—CAI National Conference Recap

The conference not only benefited managers, homeowners and board members, it also allowed vendors to network with people from around the country. Knowing this I asked Wayne Srsen, National Director of Sales and Marketing for American Building Contractors to comment on his conference experience. What he shared with me follows:

“I try and never miss the national show. For business, it gives me a chance to find new and prospective clients that have a similar business model as we do, that is, they operate in multiple states. I already have set up a meeting with a large management company that operates in 11 states, with a heavy Florida presence. With hurricane season already here, our meeting could be timely indeed. For fun, it also gives us the opportunity to host a client dinner. We keep the shop talk to a minimum, and it really gives us a chance to get to further know our customers in a non-business environment. To me, hosting the dinner is my favorite part of the week.”

Summarily, besides the excitement of receiving my PCAM, I can tell you that the conference was one of the highlights of my business career. As Lynn and Wayne aptly stated, those of us who attended furthered the experience by the taking advantage of opportunities we were given to develop connections and interact with others from

around the country. And, let’s be real, we all enjoyed the social events that occurred in a warm climate where we were surrounded by palm trees and beautiful scenery (no snow).

October 23, 2014 CAI-MN 2014 Vision Awards

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Carin’s Corner — Vision Awards Nomination Can Turn Feeling “Zero” into “Hero”

By carin rosengren, Keller ProPerty management

O ne of the first things I learned about

property management is that it has a higher turnover rate than the average realm of employ-ment. Next I learned

firsthand why this might be true. A property manager or a business partner—anyone serv-ing a homeowners association—can work overtime and for years go above-and-beyond for a client, performing daily tasks and taking care of business. Yet a one-time misunder-standing can be enough to sway one board member, who may persuade an entire board, into a vote of no-confidence in their property manager, or worse yet, their property manage-ment company—or their roofing contractor; or their asphalt and concrete vendor; or their reserve advisor; or anyone who’s been paid to help them conduct the business of being a homeowner association.

Sometimes we’re given a chance to show how well we can recover from a mistake. After all, it’s not a question of whether a vendor might stumble (everyone does); it’s how they right themselves and the situation that reveal their deepest qualities. Sometimes we receive thanks for a job well done, or acknowledgement for handling a tricky situation in the right way, but not always. Not even close.

No matter how many great board members or positive homeowners we have, no matter how well we do our jobs, the complaints we hear (which are not always about us) outnumber the compliments. It’s the nature of the busi-ness. “Having a problem? Call the property manager.” That’s exactly what we’re here for, and we are happy to take the call. Still, the thanks tend to sink under the weight of the thanks-for-nothings, and one’s job can feel like a winless situation rather than the truly rewarding role that it is.

Why Nominate?Having told you my woes (perhaps shared by others) I also want to share my joys—includ-

ing every-day tasks like taking care of leaking roofs, talking with someone’s neighbor who finally understands what a nuisance their bark-ing dog is, getting the vendor back to some-one’s home to touch up the paint where it was missed. But the biggest thanks I’ve received in this job, the loudest recognition possible in this realm, was my nomination and receipt of a Vision Award in 2013.

The property manager and association leader roles are so integrated that the performance of everyone hired reflects on them like a spotlight. If I’ve recommended a restoration professional, or a carpet cleaner, or a roofer, the light on our relationship can be extin-guished like a candle in the wind if they fail to perform. Conversely, if someone I’ve recom-mended does an outstanding job, makes me and my company look good, I want to share it with the world.

Instead of the world, though (how would we even do this?), the next best thing is to share with the Vision Awards Committee of Community Associations Institute-Minnesota (CAI-MN). The annual Vision Awards offer up to us all the best of the best: those who have been recognized by their peers and voted for in a blind competition, resulting in well-deserved pats on the back for all the nominees and the winners in this statewide event.

Why Attend?Attending a CAI-MN event is, in a small way, like attending a class reunion. You might rely on one’s nametag to remind you of who they are, or you might never have forgotten the introduction. But the face-to-face, meet-and-greet opportunity is irreplaceable for refresh-ing our memory banks and replenishing our vendor ranks.

And unlike attending a class reunion, you are a volunteer community leader, property man-ager, or vendor partner, whose attendance at CAI-MN events can only expand and improve the impact you have in the role that you play. Added to that is the fact that the business partners, property managers and community

volunteer leaders who come to CAI-MN events, nametags and all, tend to be upstand-ing and reputable. They come because they are eager to share their substantiality and reputa-bility with all of those who are in attendance. They come because they want to be your next recommendation and make you look good.

As stewards of community associations (and I mean volunteers and vendors alike), our jobs are not easy and they don’t get automatic thanks. But occasional thanks from a board member, a homeowner, or a vendor, who say that working with us has made a difference— these are the gems that keep us going. And no matter how deserving of these all-too rarities, it is recognition from among your peers, an out-loud appreciation of the extra mile you have gone – a nomination for a Vision Award —that equals the accolades you rightly should receive every day, all year long.

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I recently had the pleasure of attending the Community Association Institute (CAI) National Conference as President

Elect of the Illinois Chapter. As typical, the Conference offered instructor recer-tification, educational courses, industry best practices, chapter executive director training, president elect training and the exposition.

The keynote speaker for opening ceremo-nies was interesting: as it was his presenta-tion premised the notion of the power of three. The brain finds it easy to grasp three elements consisting of elements, colors and fonts. Push it up to four and the brain becomes confused about what to do and where to look! As I began the four-day con-ference (brain cannot process), I reflected on a class I recently completed for project man-agement, primarily on cost controls. During the numerous lectures at the National Conference, I began a comparative sum-mary of learning curves, trade-off analysis, and Pareto efficiency—three components— as they relate to the association management industry.

Learning curves were first recorded by the 19th century observation of German psy-chologist Herman Ebbingaus, whose tests involved memorizing nonsense syllables and recording the success over a number of trials. As time went on, the result were increased production on numerous levels. Interesting information, but I’ll bet you’re questioning how this applies to association management.

Typically, associations have an annual meeting with the new board consisting of a president, treasurer, secretary, etc. The new board may undertake the hiring of business partners for services like legal, accounting, landscaping, etc., or start looking for prop-erty management. The learning curve is part of the evolution process in the association industry. Here, the learning curve typically

is never contemplated, but should be analyzed on how to keep the bar high, with experienced mem-bers and vendors increasing the association learning curve.

Trade-off analysis, frankly, is the demise of most associations that I have seen in more than 30 years of experience. “Opportunity cost” is interchangeable with trade off analysis—sacrificing one com-ponent for the sake of another because of the cost. Here’s an analogy using trash cans: Should one select a large or small trash can? A large trash can hold more, but it does not require emptying as often, and at some point becomes too heavy to lift with the amount of trash, and it creates a unique odor over time. Comparatively, a smaller can weighs less but requires more attention as it fills faster.

Boards should compare themselves to the smaller, more efficient model, in that less heavy lifting is required with more attention to detail. Numerous trade-off analysis analo-gies could be applied to association manage-ment from accounting to zeal. We should never sacrifice quality for quantity (defer for cost) in the life expectancy of the associa-tion: It will add expenses to the association’s budget in the long term.

Pareto efficiency is an economic theory created by the Italian economist Vilfredo Pareto. Pareto efficiency is said to exist when, in the allocation of resources, no other improvements can be made made in the allocation of resources to one individual without causing a loss to others. The con-cept of Pareto efficiency is not correlated to equity because something can meet the requirements of Pareto efficiency but be very inequitable indeed. Nevertheless, a Pareto improvement occurs when there is a change in the allocation of resources which

makes one person better off but doesn’t make anybody else worse off.

For example, if three people have two parking spaces apiece and one person gets an extra parking space, it will be a Pareto improvement so long as the extra space did not come at the expense of the other three people’s parking spaces. A simple way of explaining Pareto efficiency would be to say that it refers to a situation where it is not possible to make one person better off with-out making other people worse off. At your association, what Pareto efficiency has been used that has improved the status of some individuals and not others? As a reader, only your mindset can address that concept as I could highlight so many.

The power of three is an effective concept, as the brain comprehends those components without exceeding that number. I have given you three components as they relate to the association management industry: learning curves, trade-off analysis, and Pa-reto efficiency. The aforementioned provides a venue to apply those aspects and improve your association within the proper best practices. I trust your learning curve has in-creased with trading off a lesser component while creating a Pareto efficiency for all!

By tom engBlom, arm, cPm, cmca, ams, Pcam, mutual oF omaha BanK

Have You Reached Your Learning Curve?


By matt drewes, thomsen & nyBecK, P.a., attorneys

tures. Or, if a hearing-impaired owner wishes to attend board or member meetings and understand what is being discussed, he or she likely would be entitled to have the HOA pay for the interpreter. The HOA ordinarily may not pass any part of these costs along to the requesting party, barring some hardship on the HOA.

An accommodation is not necessary where the person being accommodated would pose a “direct threat” to the health or property of others, unless the accommodation itself would significantly reduce that threat. Thus, an individual with a condition that makes him violent, but which is treatable, might be entitled to remain, but perhaps only on the condition of that he proves he will reliably receive the assistance needed to ensure he will not be a threat to others. The HOA is not responsible to provide this treatment, but it may have to accommodate routine access by an aide or health professional so as not to interfere with it. In a more conventional ex-ample, a federal court approved a stipulation where an owner was permitted to keep his dog as a service animal, but he was required to clean up after the dog, and to repair dam-age it might cause.

b. What’s a “reasonable” modification?

A modification must be allowed if it is reasonably necessary to enable a disabled resident (or person associated with them) full enjoyment of the dwelling. When modifica-tions are appropriate, an HOA often may apply its general guidelines and architectural principals (color, location, materials), or even propose another option if, objectively, the alternative would be less burdensome to the HOA and yet would still meet the needs of the requester (e.g., installing a wheelchair lift rather than a ramp), but the disabled person will generally be viewed as the most reliable source of information about the person’s needs. The HOA is likely to have to pay to maintain the modification unless the install-ing party is the only one who will make use

As the paren-thetical in the title suggests,

this article continues the discussion of a dif-ficult, yet sensitive and virtually unavoidable

issue for many community associations: the Fair Housing Act. For important information about the scope and purpose of the FHA, and some initial steps to reducing the likeli-hood that you violate it, please review part 1 of this article, which appeared in the May/June issue of Minnesota Community Liv-ing. The previous article began with steps 1 through 3 of how to manage a potential need to accommodate or perform a modification for a disabled person in your homeowners association. The list continues at item 4.

4. Determine whether the request is “rea-sonable.”

Reasonableness is also a fact-intensive question. The analysis for accommodations differs from that for modifications somewhat because accommodations must be made at the HOA’s expense, while modifications are to be paid for by the requesting party.

a. What’s a “reasonable” accommodation?

An accommodation is not reasonable if it fundamentally alters the operations of the HOA or if it were to impose undue financial or administrative burdens. Factors for an accommodation include the cost versus the available resources of the party being asked to make the accommodation, the benefit to the disabled person, and the possibility that there may be reasonably effective alternatives. An HOA may not deny a person a reasonable ac-commodation solely because doing so carries some monetary cost, however, and it may not charge a person an additional fee or require a deposit in connection with the accommoda-tion. For example, certain parking accom-modations may require repainting parking spaces, creating curb cuts, or other expendi-

Accommodation or Modification Under the FHAWhat do they mean and how will you know how to answer a request? (Part 2)

of it, so some input into the quality of the materials makes sense as well, but a disabled person may not be required to pay any increased cost to use an alternative option if the option she requested was reasonable. As a result, the HOA may wish to ask that any request be accompanied by reasonably complete plans showing the location and design of a particular modification. It is also reasonable to require that a qualified, licensed, and bonded contractor be used, and that the work complies with applicable code and workmanship standards. However, HOAs may not require that a particular contractor do the work, and the HOA may not require a disabled person to provide a security deposit or pay for increased liability insurance resulting from the modification. This suggests that an indemnification or hold-harmless agreement may not be permis-sible conditions to allowing an otherwise reasonable modification, either.

5. Negotiate in good faith.

This step may appear obvious, but many overlook it. If you receive sufficient informa-tion to make a decision, unless you plan to consent to all aspects of the request, you should offer to discuss the request and why it was made rather than simply denying it. If there is insufficient information to make a decision, request the information formally, courteously, in writing (preferably with proof of delivery), and ask for the objectively reasonable information a party is entitled to have to make the decision.

If both parties believe the other is working in good faith toward a resolution, they’re likely to find one that works. And, if attempts to open this dialog are unsuccessful, the party who made the effort has an even stronger case if HUD should later get involved. In fact, where a party received a letter from a resident stating that he required a service dog, the court was persuaded that the request was not legitimate because the housing pro-vider twice asked for more information and


the occupant ignored both requests. Despite providing two doctors’ letters, the occupant provided little information on which to evaluate his claimed disability, whether the claimed disability was temporary or perma-nent, and whether the dog was necessary to provide him with the opportunity to use and enjoy the dwelling. The defendant was held not to have violated the FHA because it knew the kind of information it was entitled to receive, how to interpret the information it was given, and was willing to engage in a dialogue with the resident to stand on its principles without failing in its obligations.

6. Seek opportunities to obtain training.

Just like step one, this is no guarantee that you won’t make a mistake or that HUD and/or the Department of Justice won’t pursue you for a violation. But the more you study your obligations, and show that you take them seriously, the more likely you are to demonstrate to HUD and to any court that you are not a prime target of which an example should be made.

Take the time to learn more about these issues when you can, preferably before you need to know them and realize it’s too late. And, as always, bear in mind that each situa-tion will be decided on its own facts, particu-larly in this area. Do not rely on this article as your sole guide, and seek proper advice before entering negotiations or making any final decisions.

Note: The information in this article is provided solely as general information and not as legal advice. Your receipt, and even your use of this information, does not establish an attorney-client relationship. Readers are urged to speak with a qualified attorney focusing on com-munity association law when making decisions regarding a specific legal issue.

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aged, or if a lot of branches and twigs are dying.

Seasonal needle drop in ever-greens — Ever-greens shed their leaves, just like deciduous trees, but instead of 1 season, the needles will last for 2-7 years, then turn yellow and fall. This can look pretty alarming, especially on white pine, but it is normal. It is still worth taking a close look because several fungal diseases will cause early needle loss. Normal needle loss

will have needles that are uniformly yellow, whereas diseased needles will have black spots and uneven coloration.

Dead branches — Trees naturally shed branches, and some species are more prone to this than others. Honey locust, ash, pin oak, and birch are good examples. As long as the leaves have normal color, size, and density, there is no issue. Be on the lookout for several branches dying from the tip back, as this is a sign of a problem.

Moss and lichens — Trees provide habitat for many other organisms, including mosses and lichens that grow on the trunk and branches. These are not causing any harm.

As an arborist I work with a lot of people who care deeply about their trees and shrubs. Almost once a

week, I will get a call from someone who is alarmed that something new they’ve noticed on their tree might be a major problem. Sometimes it is a problem that needs help, but often it is something that looks worse than it is. Here are some of the common issues that arise.

Leaf and twig galls — Some insects and mites lay eggs inside of leaves or twigs with a chemical that causes a swollen area, called a gall, to form. This provides a nice place for the egg to grow into an adult. Most of the time, these are not significant enough to harm the tree and no treatment is needed. However, treatment may be warranted if the majority of the leaves are heavily dam-

Sapsucker damage — Sapsuckers are a type of woodpecker that drill lines of holes on the trunk to feed on the sap and the bugs it attracts. Most of the time, a healthy tree can deal with the damage.

Bugs — There are enough bugs in the world to keep etomologists busy for several lifetimes. Watch for damage to the plants, and become familiar with the common culprits for plant damage in your area, but realize that most bugs you see are harmless.

Smooth patch — This is found especially on bur oaks. Fungi feed on the rough, dead outer bark of the tree, leaving smooth patches. This doesn’t cause any harm to the tree.

Anthracnose and leaf spot — Anthracnose and leaf spot are generic terms for fungi that damage the leaves of plants. Oaks and ashes are the most common trees to see anthrac-nose. Look for distorted and curled leaves with black and brown dead spots. Leaves affected by anthracnose will fall from the tree in late spring to early summer. Unless the tree has lost a majority of its leaves or is severely impacted for more than one year in a row, treatment is not generally warranted. Treatments are available for severe cases, or

By Jonathan heaton, Bartlett tree exPerts

Tree Troubles Aren’t Always as They Appear

tree ProBlems continued on Page 22

Anthracnose on an ash

Smooth patch on a bur oak


is not needed. To help keep the population under control, clip out the tents and throw them in the trash.

Spittle bug — The bugs feed on plants and cover themselves in a substance that looks like spit. They don’t cause severe damage. If the population is becoming large enough to be a nuisance, treat them with an insecti-cidal soap or oil.

Carpenter ants — I’m listing this with the caveat that they are a serious problem for your home and can be a sign of a serious problem in a tree. However, with trees they are not the cause of the problem; they eat wood that is already dead. Carpenter ants on a tree are a sign that there is dead wood for them to eat. Dead wood, or decay, can be a structural weakness for the tree that ants could possibly make worse. I recom-mend having an arborist inspect the tree for any defects that could be a hazard if the ants are present. I’m not an expert on home pest control, but I treat a perimeter around my house with carpenter ant bait once a year.

Ash flower gall — These tiny eriophyid mites attack the flowers of ash trees, making them distorted and black. It is unsightly, but doesn’t cause any harm. I don’t recommend treatment for this pest unless you absolutely cannot live with the way it looks.

where the aesthetic impact is important, but most of the time the best course of action is general care such as water, mulch, and fertil-izer, if a soil sample shows that it is needed.

Squirrels — Many people would disagree that squirrels, the insatiable chewers that they are, are not a serious problem. At least for the trees, they are not. Squirrels make nests out of plant material. Sometimes they will pick a tree to harvest twigs from and will chew off the tips of dozens of branches, leaving a carpet of branch tips on the ground. It is alarming, but won’t cause seri-ous issues for the tree.

Fall webworm — These caterpillars eat foli-age from trees and build silky tents around the branches. Except in severe cases, they are not a problem for the tree and treatment

tree ProBlems continued From Page 21

Moss growing on the trunk

A young red maple with a “crack” in the bark from growth

Bark cracking on maples — Many smooth barked trees, especially maples, have vertical “cracks” that appear in the trunk as they grow. This is because of the way that trees grow, not any kind of weakness or problem. A situation that can look similar that is a problem is when the bark is damaged dur-ing the winter due to rapid heating from the sun. The difference is that there will be dead wood and peeling bark in the area dam-aged. This can be prevented by wrapping the trunk of thin-barked species with fabric during the winter.

Ultimately, I’m always happy to take these calls, because it means that people are paying close attention to their trees. I encourage you to pay attention throughout the year. If you’re in doubt about something you see, do a little research or check with a local expert to be sure. If nothing else, you will gain a greater ap-preciation for the many nuances and complexities of nature.

A gall formed on the leaf of an elm

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A ny All-Star baseball player knows that keeping your eye on the ball is critical to a successful game. CAI-

MN’s website allows users to focus on the details that are the most relevant, the most helpful, and the most up-to-date. Each of the following tasks is easily accomplished on CAI-MN’s website.

Finding peopleThe website is a good place to start when searching for involved individuals with knowledge and expertise in association issues. Under the About Us tab, users will find contact information for the members of CAI-MN’s Board of Directors. Photos are also provided for easier identification of those in leadership positions. The chairs of all of the volunteer committees are listed as well, in case users have specific questions or are interested in joining a committee. The Resources tab contains several directories of people or companies that users may wish to contact, such as the Vendor Finder, which lists several business partners in categories as varied as Accountants/CPAs, Pool Services, and Waste Management. The Community Management Company Finder gives as-sociation leaders specific information about property management companies, and the Member Directory allows users to search the entire list of CAI-MN members for specific individuals, specific companies, or members in specific cities.

Finding eventsCAI-MN puts on many great events throughout the year and reviewing the up-coming events on the website is a great way to be sure not to miss anything. The Events tab on the website lists upcoming CAI-MN events and provides important details such as dates, locations, presenters, and how to register. For example, users can easily find specific information on the August Manag-ers Seminar entitled “Reserve Studies: The Why, How, and ‘What Now’” under the

Events tab, and users can register for the event on the website as well. Information on special events is also provided, including details for the upcoming 2014 Golf Tourna-ment and 2014 Vision Awards. Sponsor-ship opportunities for business partners are described as well.

Finding informationUsers looking for substantive, relevant information on issues currently facing association stakeholders can find it on CAI-MN’s website. All articles published in the Minnesota Community Living bi-monthly magazine from 2009 through the present are located under the Resources tab. These articles address specific topics, such as Steve Hoogenakker’s 2009 article entitled “How CICs Should Approach Budgeting of Snow Removal,” and specific groups, such as Joel Starks’ six-part series on Self-Managed Association Boards. Under the Events tab, users can obtain additional information in a variety of formats, such as videos of previous managers seminars and handouts from those seminars. The website also provides free

Keeping Your Eye on the Ball: How CAI-MN’s Website Can Help By elizaBeth rein, hammargren & meyer, P.a.


educational information to homeowners, such as through the Homeowner Educa-tion Program, which includes a substantial publication entitled “An Introduction to Community Association Living.”

The tools provided on CAI-MN’s website make it easy for users to find the best and most useful information. Keeping your eye on the ball and focusing on the important details is just as important off the baseball field. For those of you wishing to join the All-Star Team, CAI-MN’s website also gives users an opportunity to contribute. The Events tab allows users to propose their own events, using the Manager Seminar Pre-sentation Submission Form. Additionally, users are encouraged to submit articles for publication in Minnesota Community Living using the MCL Magazine Article Submis-sion Form. The communications commit-tee is always looking for relevant, substan-tive pieces to share.

www.cai-mn.com



• reduced fruit or seed production

• poor flowering

Managing trees during droughtThe best cure for drought stress is, of course, water. Too much or too little water will cause problems, so it is important to check the soil before and after you water, in multiple places, to see which areas need water and which do not. Dig down about 6-12” and water more if the soil at this depth is dry. Watering so that the soil is moist at deeper levels encourages plants to develop deeper roots. Water at deep levels will be less likely to evaporate and roots will not be subjected to such severe of tempera-ture swings in the summer and winter. You can minimize waste by watering slowly, over a long period of time, about once a week. Drip hoses and watering bags such as Tree Gators are good for this. A general guide-line for tree watering is 10 gal-lons for every inch of thickness of the trunk. Also, be sure to water the entire root zone, or out to a few feet beyond the edge of the canopy.

Mulching will help to reduce the amount of water needed, in addition to providing other benefits to the tree. Mulch will reduce moisture loss from the soil and increase the organic matter content of the soil. Or-ganic matter helps to hold on to more water, and can increase soil porosity, or the space avail-able for water and air that the roots

Minnesota has experienced drought conditions over the past few summers—worse in some areas

than others—with autumns that are also dry and hot. Though they may not be showing it yet, this drought is having a big impact on many trees and shrubs in Minnesota. Stress from drought can take a long time to mani-fest, particularly in mature trees. Without careful attention you may not notice until the tree has become severely stressed, and it may be difficult to save.

Recognizing moisture stressPlants that are not getting enough water will not always show immediate symptoms. It pays to observe your trees during normal years to know how they look when they are healthy as a point of comparison, but it can take as much as two years for drought symptoms to become noticeable. Get to know the species that you have and their water requirements. Also, do a little digging and determine the drainage profile of your yard. Sandy soils, for example, will drain quickly and need more frequent watering than clay. Trees that do not get enough water have low energy reserves and will not be as adept at fighting off pests, so watch for infestations of mites and borers.

Signs of not enough water:

• wilting or drooping leaves or shoots

• scorching or browning at the edges and tips of leaves

• yellow needles on evergreens and needles that are brown at the tip

• very little or no new growth

• thin canopy

• early leaf loss

can absorb. It also creates a better environ-ment for development of fine roots that absorb water. In areas with mulch, be sure to check the soil to make sure that you are watering enough to soak into the soil, not just the mulch. Sometimes mulch can de-velop a hard “crust” that won’t absorb much water. This is especially true for hardwood

By Jonathan heaton, Bartlett tree exPerts

Dealing with Drought Stress

drought stress continued on Page 28

Browning needles on a pine from drought stress.

This red maple shows wilted leaves and dieback at the top due to drought.


mulches. If this happens, use a hard rake to break up the surface.

Keeping trees healthy in general will help them to deal better with drought as well. This includes proper pruning when needed, soil testing and fertilization, and managing pests and diseases that have an impact on plant vigor. If you live in an area prone to drought or with quickly drained sandy soils, or you don’t want to have to worry as much about watering, plant trees and shrubs that are tolerant of drought.

Some of my favorite drought-tolerant trees and shrubs:

• Ginko

• Hackberry

• Kentucky Coffeetree

• Catalpa

• Bur Oak

• Maackia

• Japanese Tree Lilac

• Forsythia

• Ninebark

• Barberry

• Gray Dogwood

• Sumac

drought stress continued From Page 27

This service berry (amelanchier) is changing color early and has some wilting leaves due to drought stress.

A young red oak is wilted from drought stress.



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Making the Difference: Gaughan Companies is small enough to tailor their services to meet the needs of the Associations they manage, and large enough to make sure all areas of Associations’ needs are handled promptly and professionally.

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M innesota; the very name translates to “clear water” or “cloudy water” depending on the pronuncia-

tion. We are surrounded by “water related” names: Minnehaha (laughing water), Minneiska (white water), Minneota (much water), Minnetonka (big water), Minnetris-ta (crooked water) and of course Minneapo-lis...City of Water or City of Lakes.

When we review water conditions and restrictions throughout the region during 2013 and into 2014...we may assume that there is a surplus of water. According to the USDA Drought Monitor, in fact, only the far south-western corner of the state has experienced any water “shortages” that may be considered severe. So, does that translate to surpluses in all other parts of state? The answer is yes and no.

Since water regulations can vary dramati-cally from community-to-community for the purposes of this article, we will focus on Minneapolis Water Treatment & Distribu-tion Services. The department has many facilities, including river intakes and pump stations, treatment plants, reservoirs and other facilities, as well as a network of water mains to bring water to customers. There are approximately 1,000 miles of water mains in Minneapolis.

All of the water distributed through this system—whether to provide water for our lawns, washing our cars, cleaning our homes or bathing is treated as “drinking water.” Water treatment takes time, facilities, tech-nology, testing, filtration and so on.

In 1867, this water distribution service was first established, initially to direct water to firefighters. Five years later, the distribution of tapwater was added.

There is but one source for all of the water treated and distributed through this vast system: The Mississippi River, also known

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Drip—Drip—Drip... Watering Restrictions in the Land of 10,000 Lakes

as the Father of Waters. Twenty-one billion gallons of water are withdrawn from the river annually. It all began at single pump-ing station at 5th Avenue South in Min-neapolis. If emptied, Lake of the Isles could be topped off in about 4 days with the 57 million gallons produced every 24 hours by this system. The City of Lakes also softens its water, removing 32 ½ tons of hardness which in turns helps neutralize the farmland soils of Minnesota and Wisconsin.

A variety of tests are performed on the water throughout the treatment process. On average, 500 chemical, physical, and bacteriological examinations are done each and every day. That’s 182,500 tests a year! Once it’s cleaned and treated, the water produced is stored in a reservoir. There is enough water kept in the reservoir to satisfy two days of average water demand.

Watering restrictions vary widely in Min-neapolis and all other communities, with no “typical” program in any area. However, the general rule-of-thumb is an odd-even program with watering restrictions during peak hours of water consumption between 11:00 am and 5:00 pm daily. So, generally the better times for watering may be early morning and late evening. Associations and property managers should consult with

their local municipality regularly for specific restrictions. To ensure adequate water sup-ply and promote water conservation, cities may follow these daytime watering bans, reducing water wasted through evaporation and allowing pumps to refill water storage facilities for evening peak use.

Permits may be available to allow proper watering of new sod or seeded areas. Daily watering of new sod and seed is recom-mended for the first 14 days to establish root growth. After two weeks, normal watering should be sufficient for establish-ing a new lawn. The planting of new sod or seed during very dry times of the year may be discouraged.

So where can HOA or property managers go to find out current regulations in their community? Local newspapers are always a good source, but the most current restric-tions & guidance are available through the municipality website. Typical com-munity websites in the State of Minnesota can be found using the URL http://www.citynamemn.gov (Example: http://www.minneapolismn.gov)

http://www.citynamemn.gov/

http://www.citynamemn.gov/

http://www.minneapolismn.gov/

http://www.minneapolismn.gov/


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Swimming Pool Safety

P ools should be fun, not life-threat-ening. Taking some considerations into account will enhance rather

than detract from your water experience. For instance, water makes surfaces slippery; therefore, walk instead of run around pools.

Who in Minnesota could forget the horrendous incident that led to the Abigail Taylor Pool Safety Act on January 15, 2009? Abigail sat on a wading pool drain only to have part of her intestinal tract ripped out by the suction. She did not make it. Since then, Congress enacted legislation requiring drain covers to meet anti-entrapment safety standards. Even with the increased standards, it is best not to impede a drain, so it can do its job properly.

Water wings, air mattresses, floats, and plastic balls work well at the beach; but probably not as much at your association’s

swimming pool, depending on its size. Associations need to post their rules and to enforce them consistently and fairly. Otherwise, you increase your liability risk. It doesn’t really matter how deep the pool is, a swim-at-your-own-risk sign would especially help alleviate any potential liability.

Parents, watch your children. It can take just seconds for a child to drown. Proactively establish emergency procedures. In the unfortunate event that something critical happens, every second will count. Remember to use Automatic External Defibrillators with caution around water. Electricity and water can result in electrocution. Towels and skin have to be dry.

With a community pool, association members need to be mindful of others’ activities. If someone is swimming laps,

stay out of the way. Do not interfere by throwing rocks either. This practice could prove to be fatal.

Although pool water is chlorinated, doing you-know-what in the pool will give you enemies, not friends. Make sure you take care of your business before you get into the pool or after you come out. Please, please do not drink the water. Need I say more?

On those nice summer days, do enjoy the pool. Discover the wonder of swimming. Stay cool. When you are sick, resolve to swim another day. Relax whenever you get tired. Above all, wear sun block. Your skin will thank you for it.



Fire Concerns in All Seasons—How Lightning Affects Your Summer Safety

F ire is important to life. It keeps us warm in the winter, it allows us to cook our food, it is a catalyst in

producing energy, it keeps our cars run-ning. Fire can also help us celebrate life—fireworks, bonfires, holiday candles, and s’mores. But it can also be a very destructive, rapidly-occurring force. In early Spring, 1996, my family experienced a home-fire while living in a rural area outside of Duluth. Thankfully no one was hurt, but only 30 minutes passed from the time the fire was discovered near the living room ceiling until the home was a total loss. Fire demands respect!

We may think of the winter months as the time when we really need to be concerned with fire disasters. Typically, heating our homes in and of itself can increase the risk of fire; coupled with holiday lighting and the use of decorative candles, the risk of fire rises. And while there is more fire problems in the winter months, the other seasons present their own areas of concern.

With the onset of Spring and Summer comes the desire to get out the grill, turkey-fryer, patio torches and to stoke the firepit. Further, with these seasons come the conflu-ence of warm air with cold dry air creating thunderstorms.

Every year, lightning causes forest, grass, and house fires across the U.S. According to the National Fire Protection Association, lightning causes an average of about 24,600 fires each year and costs about $407 million in damages. That equates to roughly about 1 every 20 minutes.

While most fires occur in outdoor areas, lightning starts about 4,400 house fires each year, costing somewhere around $283 million in damages. In addition, wildfires caused by lightning burn an average of 5.5 million acres annually. About 16 fire deaths are attributed to lightning-caused fires each

year, most of which are the occupants of houses that ignited by lightning.

Although every lightning strike has the potential to start a fire, some flashes are more likely than others to cause ignition. Most lightning flashes consist of one or more leaders and return strokes. Some flashes contain a continuous flow of elec-tricity, called continuing current. Rather than the charge flowing intermittently in one or more quick surges (return strokes), in continuing current, the charge flows continuously over a longer period of time. This longer period of charge flow causes the struck object to heat up and possibly ignite.

While lightning flashes containing return strokes tend to flicker, flashes containing continuing current appear as a continuously illuminated channel with varying degrees of brightness. Because of the heat they generate, flashes with continuing current are sometimes referred to as hot lightning while flashes containing only return strokes are re-ferred to as cold lightning. Flashes can also contain both return strokes and continuing current.

There are three main ways lightning enters structures: a direct strike, through wires or pipes that extend outside the structure, and through the ground. Once in a structure, lightning can travel through the electri-cal, phone, plumbing, and radio/television reception systems. Lightning can also travel through any metal wires or bars in concrete walls or flooring. Here are some ways to stay safe:

• Stay off corded phones. Yet, cellular or cordless phones may also have some risk.

• Don’t touch electrical equipment or cords.

• Avoid plumbing. Do not wash your hands, bathe, take a shower or wash dishes.

• Stay away from windows and doors, and stay off porches.

• Do not lie on concrete floors or lean against concrete walls.


Fascinating lightning factsLightning often strikes the same place repeatedly, especially if it’s a tall, pointy, isolated object. The Empire State Building is hit nearly 100 times a year.

Lightning often strikes more than three miles from the center of the thunderstorm, far outside the rain or thunderstorm cloud. “Bolts from the blue” can strike 10-15 miles from the thunderstorm.

Most cars are safe from lightning, but it is the metal roof and metal sides that protect you, NOT the rubber tires. Remember, convertibles, motorcycles, bicycles, open-shelled outdoor recreational vehicles and cars with fiberglass shells offer no protection from lightning. When lightning strikes a vehicle, it goes through the metal frame into the ground. Don’t lean on doors during a thunderstorm

Here’s a little known fact—we all know lightning causes forest fires, but forest fires can also cause lightning! Smoke and carbon micro-particles, when introduced into the upper atmosphere, can become the initia-tors of static. Sufficient atmospheric static can spark discharge as lightning. Dust in an enclosed grain elevator also creates a static discharge.

In attempting to extinguish fires, the danger and severity of damage can increase if not handled properly. This may be especially true when trying to extinguish a small grease fire on the stove. Instinctively, we may want to just want to douse a grease fire with water, when in fact this will spread the fire in less than one second and can result in an explosion. Water and oil don’t mix....especially when fire is part of the equation. I invite you to visit the following link: http://www.youtube.com/watch?v=zFkYX7H78_c

The link is to a video demonstration of the dangers of grease fires, presented at the Minnesota State Fair by the St. Paul Fire Department. The St. Paul Fire Department as well as others in the state provide these demonstrations at various events through-out the year.

Stay safe this summer in your community and remember ...only you can prevent fires!

http://www.youtube.com/watch?v=zFkYX7H78_c

http://www.youtube.com/watch?v=zFkYX7H78_c


I find inclement weather makes me more productive, since the choices I have for spending my time are minimized. If the

current deluge of rain continues, perhaps my to-do list will disappear. Maybe.

Thunderstorms can pose a challenge for associations though. You can minimize the devastation by following a few tips. Even if your trees look healthy, have a tree trimmer look at them to spot any problem areas. A strategic pruning could help your trees weather a storm without sustaining major damage. The new look would also enhance the appearance of your property while eliminating potential face-swatting by low-hanging branches.

Associations tend to think insurance covers any and all damage caused by storms. They forget there is usually a deductible. Know what your deductible is and how that would

be paid in the event of a claim. Would you set aside an emergency fund or assess homeowners a portion of the deductible amount?

Even if your property does not border a lake or other body of water, excess rain could cause the terrain to flood without proper water drainage. It might be worth it to take measures to improve your water drainage, especially if you do not have flood insurance. Trust me. You do not want to lug multiple sandbags, if you can avoid it. You can get your exercise in more enjoyable ways.

A basic refresher on thunderstorms may be in order. A thunderstorm watch means severe thunderstorms are possible in the designated area. A thunderstorm warning signifies spotters or radar have actually reported severe weather in the designated area.

In a thunderstorm, close your windows. If driving, stay inside your vehicle, but do not touch any metal parts in case lightning strikes. Refrain from taking baths or showers, as lightning could travel via the plumbing. Stay tuned to a National Oceanic and Atmospheric Administration (NOAA) weather radio. Make sure you have operable flashlights and batteries on hand in case of a power outage.

Stay away from any downed power lines. If any unwanted water finds its way into your building, take action immediately, as mold can start to grow within 24-48 hours, not to mention the other damage water can cause to building materials.

When it comes to thunderstorms, stay safe, have a plan, and work your plan to address any issues in a timely manner.

By Jewel PicKert, conFlitel resolutions, llc

Storm Safety


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2014 Legislative Session, successfully opposing bills to require foreclosure mediation and to limit associations’ authority to regulate solar systems. Nick de Julio, our Government and Public Relations Specialist with Ewald Con-sulting, provided key strategy and lobbying assistance to support the LAC’s efforts.

Membership Committee: The Membership Committee has held multiple new member outreach events and created new membership and sponsorship materials. The Membership Committee supports the activities of other CAI-MN committees and is instrumental in spreading the word about the Minnesota Chapter of CAI.

Trade Show Committee: The Trade Show Committee, chaired by Jonathan Edin, coor-dinated a high-quality Trade Show at River-Centre in Saint Paul with an updated format.

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Special thanks go to our Trade Show sponsors and exhibitors, who make the event possible, and all of the CAI-MN members who braved the snowstorm to attend the Trade Show.

Vision Awards Committee: The Vision Awards Committee, led by Jane Bristow, is investing tremendous effort to continue to improve the Vision Awards, which already is a premiere event recognizing excellence in community associations and those who serve them. Don’t miss your opportunity to submit nominations for the 2014 Vision Awards!

Finally, I want to thank the members of the CAI-MN Board of Directors, Executive Direc-tor Monte Abeler, Meeting and Events Planner Kelly Feekes and the other staff at Ewald Con-sulting who provide guidance and support to CAI-MN. It is a pleasure working with you!

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CAI-MN Minnesota Community Living - July/Aug 2014