Inside: PRESIDENTIAL POWERS · 2018. 4. 2. · McClain at (860) 633-5692 or e-mail: [email protected]. Conference & Expo Karl Kuegler, Jr., CMCA, ... time investment. As with any project,

Common InterestVol. XI: Issue 7 • 2016The Official Publication of CAI-Connecticut

Inside:

PRESIDENTIAL POWERSDon’t Forget About Your

REAL and PERSONAL PROPERTY TAXESSNOW

...and more!

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Thank You to the 40th Anniversary Yellow Brick Road Sponsors

Thank You to the 40th Anniversary Event Sponsor

MemberEqual Housing Lender

Volume XI: Issue 7, 2016 • Common Interest

3CONNECT with CAI •

2016 Board of DirectorsDonna Rathbun, CMCA .............................................. Imagineers, LLCPRESIDENT Hartford, CT

Pamela Bowman, CMCA ...................................... Prime Touch ServicesPRESIDENT-ELECT Simsbury, CT

Christine Carlisle, CPA .............................. Carney, Roy & Gerrol, P.C. TREASURER Rocky Hill, CT

Reg Babcock ..............................Westford Real Estate Management, LLC Vernon, CT

Bill Jackson .................................................... Belfor Property Restoration Wallingford, CT

Donna McCombe ........................................................... Simsbury Bank Simsbury, CT

Joane Mueller-London, Esq. .....................................London & London Newington, CT

Mark D. Sperry ..................................Fernwood Estates Association, Inc. West Hartford, CT

William W. Ward, Esq. ..................................................Ackerly & Ward Stamford, CT

Greg Zajac ...........................................................Building Renewal, LLC Durham, CT

Who Is CAI?The Connecticut Chapter is one of 60 Community Associations Institute chapters in the nation. CAI-CT serves the educational, business, and network-ing needs of community associations throughout Connecticut. Our members include community association volunteer leaders, professional managers, com-munity management firms, and other professionals and companies that provide products and services to associations. The Connecticut Chapter has over 900 members including nearly 150 businesses, and over 450 community associa-tions representing 50,000 homeowners.

■ ■ ■

The materials contained in this publication are designed to provide accurate, timely and authoritative information with regard to the subject matter covered. The opinions reflected herein are the opinion of the author and not necessar-ily that of CAI. Acceptance of an advertisement in Common Interest does not constitute approval or endorsement of the product or service by CAI. CAI-Connecticut reserves the right to reject or edit any advertisements, articles, or items appearing in this publication.

■ ■ ■

To submit an article for publication in Common Interest contact Kim McClain at (860) 633-5692 or e-mail: [email protected].

Conference & Expo Karl Kuegler, Jr., CMCA, AMS Education Program Pam Bowman, CMCA Donna Rathbun, CMCACAMMIES Bob GourleyCEO CAM Council Gary Knauf, CMCAFall Fun Carrie Mott

Golf Steve BennettLawyers’ Council Robin Kahn, Esq.Legislative Action Scott J. Sandler, Esq.Marketing Sam Tomasetti, CPAMembership Wendy CollearyParadise Mea Anderson

Publication Sam Tomasetti, CPA Spring Fling Linda SchallerSummer Sizzler Carrie MottWebsite Bob Gourley

Kim McClainChapter Executive Director

Ellen FelixDirector Program Operations

Staff

Committee Chairpersons

President’s Message

Donna Rathbun, CMCA

Happy Halloween! The leaves are turning, apple cider is brew-ing, outdoor fairs and festivals are in full swing and then the inevitable leaf raking. What could be better than that? When

I was about 7 years old and saw a pile of leaves …. not much. Many communities take the opportunity at this time of the year

to spruce up the joint before the really cold weather starts to settle in. The curb appeal of one community to the next can make all the difference in the first impression for a guest, visitor or better yet some considering community purchase. All this translates into a better place to live and what everyone likes, a higher resale valve. It could be a simple as mums planted and wreaths hung in entranceways, around mailboxes, at the clubhouse or taking a minute to touch up painting on light posts, street signs, mailbox stands, entryways or the bottom edges of siding that may have been hit by the misbehaving weed whacker. The overall purpose is to have someone drive in, want to stay and to speak well of the community when they leave. In order to put you best foot forward, it does not need to cost a lot in money or time investment. As with any project, the more volunteers the quicker and easier a project becomes.

A topic associated with this issue talks about Developer transitions, the significant first step in full homeowner control. There are some items to keep in mind that will serve the association well for many years to come, as-built plans for building, facilities, drainage, electri-cal, water and sewer systems; common area and/or master keys; current budget, fee schedule, receivables, payables, audits; minutes of Association meetings; federal and state tax returns; warranties, manufactures and specifications; subcontractor lists; current contracts; payroll and employee information. These are just a few of the many items that need to be considered before the transfer is made.

Connecticut is home to many self-managed communities. No one knows how many there are as there is no accurate listing available. There are specific requirements for managing a community, are you qualified? If you are a member of CAI, you already know the ben-efits. If not, consider joining. CAI is a great resource for information, education, networking not to mention a host of business partners, all of which will help your community succeed.

Enjoy the fall and the colors of the season!

Donna Rathbun, CMCA Imagineers, LLC CAI-CT President

“There are specific requirements for managing a community, are you qualified?”

CONTENTS

From the Chapter Executive Director

Common InterestPublication Committee

Sam Tomasetti, CPA Chair Tomasetti, Kulas & Co.

Reggie Babcock Westford Real Estate Management, LLC

Adam J. Cohen, Esq. Pullman & Comley, LLC

Bob Gourley MyEZCondo

Tim Wentzell, P.E. Connecticut Property Engineering

Common Interest is published by the Connecticut Chapter of the Community Associations Institute. All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Common Interest, the official publication of CAI Connecticut or Community Associations Institute. This publication is issued with the understanding that the publisher is not engaged in rendering financial, legal, accounting or other professional services, and the information contained with in should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional service by CAI, the Connecticut Chapter, Common Interest or advertisers. If legal service or other expert assistance is required, the services of a competent professional should be sought. The entire contents of Common Interest is protected by copyright. Reproduction in whole or in part without written per-mission is expressly prohibited.

3 President’s Message 4 CED Message 5 Upcoming Events 5 Legislative Update 6 Legally Speaking: Presidential Powers 8 Financially Speaking: Real & Personal Property Taxes 10 CAI-CT’s 40th Anniversary & The CAMMIEs Photos 12 Communication Corner: Running Your Association Like a Business 14 Snow 16 The Checklist: Who Wants to Be a Fully Protected Community Association? 17 CAI Membership Application 18 Ask Mr. Condo 19 Environmental Tip 20 Technical Explanations: Issues Seem to Come in Threes 22 Manager’s Column: From Developer to Unit Owners 24 Homeowners Column: Reserve Planning 28 The Truth About Spot Repairs30 Classified Advertising34 Index of Display Advertisers

Kim McClain

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CT.

Although Connecticut is geographically small in size and fairly densely populated, we have a plethora of wonderful natural resources. We are surrounded by a wide assort-ment of parks and open space which offer many opportunities to get out and explore

nature.Recently, my husband and I decided to investigate an “unnatural wonder” in Colebrook.

Due to the extraordinary drought conditions we have been experiencing this year, a lake that was created in the 1950s is now almost dry. A bridge that had been submerged since the dam was built is now completely exposed. It is truly an incredible sight. These pictures help to tell the story about how the drought is impacting our state. The entire area in all of the photos was, until recently, totally under water.

In each issue of Common Interest, we offer environmental tips which are intended to help save you, and your association, energy and money. Based on what we have been experienc-ing lately, it seems even more important to pay special attention to the strategies that help to conserve water. As you start to contemplate your 2017 budget, perhaps it is time to seriously consider how xeriscaping and other low or no water landscaping options can both enhance your property as well as preserve this precious natural resource. Large expanses of green lawns may look pretty, but you cannot drink them.

Many thanks to all of you who joined us for our Big 40th Anniversary Celebration! Bravo to the two CAI-CT committees: Fall Fun and CAMMies, who worked diligently to make this event possible! As we say often, we could not have achieved this major accomplishment with-out our many, many volunteers and loyal members. We exist because of those who belong to an organization that supports them. We look forward to many more years of success!

Be sure to get out and experience all that Fall in Connecticut has to offer! ■

“As you start to contemplate your 2017 budget, perhaps it is time to seriously consider...xeriscaping and other low or no water landscaping options...”

Colebrook, CT — It’s hard to believe that the entire area in all of these pictures was completely underwater for over 50 years until the drought happened.



Statutory Snippets…

SAVE THE DATE! Saturday, March 18, 2017

CAI-CT ANNUAL CONFERENCE & EXPO

Aqua Turf, Plantsville, CT

UPCOMING CAI-CT EVENTSLegal and Legislative Symposium Thursday, October 27, 2016Oronoque Village ClubhouseOur panel of legal experts will cover topics important to your community. (All proceeds to benefit legislative advocacy for Connecticut Community Associations). BRING YOUR QUESTIONS!$50 - CAI Members, $75 - Non-Members GOOD FOR 4.0 CONTINUING ED CREDITS

Sponsorships are available for this event.

CAM Ed – Jumpstart January Thursday, January 5, 2017, 11:30 am - 1:30 pmSnow Date January 12, 11:30 am - 1:30 pm BELFOR Property Restoration, Wallingford Limited to State Registered Community Association Managers (CAMs)Hiring Professionals Speaker: Al Ferranti from Global Green Solutions$25 - CAI Members, $50 - Non-Members GOOD FOR 2.0 CONTINUING ED CREDITS

Condo Inc. I - The Business of Running Your Community Saturday, January 21, 2017, 8:30 am - 3:00 pmSnow Date: Saturday, January 28, 8:30 am – 3:00 pm South Windsor, CTDo you serve on the board of your association? Are you considering serving? Whether you are a seasoned board member, a recently elected board member or unit owner seeking to understand more about how an association runs, this course is for you!$50 – CAI Members, $75 - Non-Members GOOD FOR 6.0 CONTINUING ED CREDITS

Sponsorships are available for this event.

Visit www.caict.org to register and for updated information.

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CONDO, INC. I

Legislative Update

Our 4th Annual Legal & Legislative Symposium is scheduled for Thursday, October 27, 2016 at Oronoque Village clubhouse.

Our knowledgeable speakers will delve into a host of topics that have immediate relevance to your association. This year we are includ-ing an open forum for attendees to discuss their ideas and concerns regarding the 2017 Session of the Connecticut General Assembly. Our Legislative Action Committee delegates will lead the discussion. For more information, please visit our website: www.caict.org. ■

The Uniform Common Interest Ownership Act (CIOA)

UCIOA is a comprehensive act that governs the formation, management, and termination of a common interest com-munity, whether that community is a

condominium, planned community, or real estate cooperative. It also provides for disclo-

sure of important facts about common interest property at sale to a buyer, including resale disclo-sure for any sale after the initial sale by the developer of the property; for warranties of sale; for a buyer’s rescission rights in a sale contract, and for escrow of deposits made to secure a sale contract.

Connecticut adopted CIOA in 1984 and made sig-nificant revisions in 2009. For more details, go to our website: www.caict.org and visit the CIOA page.

Community Associations Institute—Connecticut Chapter

• CONNECT with CAI6

Adam Cohen, Esq.

LegallySpeaking...

Presidential Powers

By Adam J. Cohen, Esq.

An association’s president is not just the leader of his or her community. He or she is also the chief executive officer of a

corporation of which all of the unit owners are inves-tors, while also serving as its ultimate decision-maker and enforcer, and (often) the most dedicated volunteer for the neighborhood. The president’s powers are also very comprehensive, so it’s important for the president and unit owners alike to understand what they are.

In most condominiums and other common-interest ownership communities, the president is not directly elected by the unit owners, but instead is selected by the board members from amongst themselves after they are elected at each annual meeting. Like all other officers, the president can be removed from that position and replaced at any time by a majority of the other board members at their whim. This means the residents do not actually choose the person who will exer-cise the president’s significant powers over them. But ultimately, the powers of the president are delineated by the association’s bylaws. They usually contain relatively standard clauses which say that the president has all of the same powers as the chief executive officer of a corporation, calls and runs meetings of the board and unit owners, appoints the association’s committees, and is authorized to sign important documents.

The “chief executive officer” power is the most fundamental and far-reaching. Generally speaking, this power includes the authority to do virtually any lawful thing on the association’s behalf except as its governing documents reserve to the unit owners or the board. Day-to-day decision-making, signing contracts for the association, carrying out the will of the majority, and doing whatever seems to be in the association’s best interests are all within its purview. The president can do nearly anything on behalf of the community unless a law or governing document says he or she cannot. In fact, the president is even allowed to do things he or she isn’t allowed to do: the law says vendors and other third parties are entitled to assume the president binds the full board and the entire association even if it turns out no such authority was actually given. In other words, the president’s authority is simply presumed for most purposes.

The power to call and conduct meetings is also extremely signifi-cant. The president should be very familiar with the rules of parlia-mentary procedure and adept at keeping meetings orderly, efficient, and productive. When it comes to participating in unit owner votes (on topics like declaration amendments, budget ratifications, and

board elections), the president can and should cast a ballot just like any other unit owner. Although under most bylaws the president is also entitled to participate in board votes (for officer appointments, contract approvals, and other board matters) just like any other board member, to preserve the appearance of impar-tiality, the president is often expected not to participate in a voice or hand vote except to

affect its outcome if he or she chooses to do so. This includes not just breaking a tie, but also causing a tie in order to defeat a

motion requiring a majority, or to reach or defeat a supermajority when required for a special

vote. Whenever any motion refers to the president specifically – other than elections or appointments – the president should have the vice president temporarily take over that portion of the meeting. Otherwise, the president is generally free to control and conduct the meeting in any manner consistent with the bylaws, state law, and Robert’s Rules of Order.

The president also has broad power over commit-tees. Committees can be critical for taking care of the association’s affairs, as is selecting the right people to staff them. If the president is empowered to be an “ex officio” member of committees, this means he or she has the right to attend their meetings and participate in their votes, but is not expected to do so, and his or her presence is not counted toward a quorum.

The powers of the president are significant and essential to the proper function of the association. When exercised deliberately and with restraint, those powers are tools which allow the president to lead his or her community through the best and worst of times. Robert’s Rules of Order also offers some parting words of wisdom on the presi-dent’s powers: “While providing strong leadership, he should be fair. He should never get excited; he should never be unjust to even the most troublesome member, or take advantage of such member’s lack of knowledge of parliamentary law, even though a temporary good might be accomplished thereby.”*■

* Robert’s Rules of Order (10th Ed.), page 440.

Adam J. Cohen is an attorney with the Law Firm of Pullman & Comley, LLC headquartered in Bridgeport, Connecticut. As the Chair of its Community Associations Section, he represents and gives seminars to condominiums, tax districts, and other communities in matters ranging from amendments of governing documents to revenue collection strategies and commercial disputes.

“The powers of the president are significant

and essential to the proper function of the

association.”

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Seating will be limited. To register visit www.caict.org.

Date: Thursday, October 27, 2016Time: 1:00 - 5:00 pmPlace: Oronoque Village Clubhouse, Stratford, CT

BRING YOUR QUESTIONS! This will be a great opportunity to ask our legal professionals your pressing questions about association operations.

GOOD FOR 4.0 CONTINUING ED CREDITS

Our panel of legal experts will cover topics important to your community. (All proceeds to benefit legislative advocacy for Connecticut Community Associations).

CAI-CT’S 4TH ANNUAL

LEGAL & LEGISLATIVE SYMPOSIUM

Proceeds to benefit legislative advocacy.

$50 CAI-CT members $75 Non-members

Session topics will include:

• Ballots, Proxies and Agreements – Oh My! – The differences of each will be discussed along with sample templates. (Scott J. Sandler, Esq. – Sandler, Hansen & Alexander, LLC)

• Discrimination – ADA, FHA, CHRO – Avoiding claims. (Chas A. Ryan, Esq. – Franklin G. Pilicy, P.C.)

• Rule making including policies and enforcement; notice & hearing do’s and don’ts. (Bill Ward, Esq. – Ackerly & Ward)

• Is your Collection Policy Valid – The aftermath of the recent CT Supreme Court decision. (Ronald J. Barba, Esq. – Bender, Anderson & Barba, P.C.)

• Fiduciary Responsibilities – Investment policies; duties of the board to the corporation – what do the statutes require? (Jared Alfin, Esq. – Hassett and George, P.C.)

• Boards and Decision making – Dealing with transparency, unanimous and 2/3 consent, executive sessions – when are they appropriate? (Matthew N. Perlstein, Esq. – Perlstein & McCracken, LLC)

• Land Use Issues in Associations – Sharing of private roads, development next door, etc. what should associations do? (Steven G. Berg, Esq. – Frankel & Berg)

• Maintenance Standards – Does your association have them? Were they adopted properly? How to enforce? (Chris Hansen, Esq. – Sandler, Hansen & Alexander, LLC)

New this year! Wine and cheese reception included in the price of registration.

Learn in the afternoon and share some laughs in the evening! After the Symposium, we’ll relax with some tasty food and libations. Please join us!



FinanciallySpeaking...

Marsha Elliott Sam Tomasetti, CPA

Don’t Forget About Your…

Real and Personal Property TaxesBy Marsha Elliott and Sam Tomasetti, CPA

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When we talk about taxes that need to be paid by homeowners associations, we very rarely focus on real estate and tangible personal property taxes which are due around this time of

the year. Most of the discussion involves Federal and State income taxes and sometimes State sales tax, but homeowners associations can be subject to real and personal property taxes too. At times, these taxes can be significant for an association especially in the often over-looked area of equipment used for day-to-day maintenance.

Real Estate TaxThe usual case is that the individual units in a homeowners associa-

tion are assessed real estate tax at the unit owner level. This is also true for the units as well as facilities leased to the unit owner for a specified period of time under a lease that provides that the lessee is responsible for taxes. This concept of taxation is consistent with the undivided interest theory of condominium ownership in which each unit of a homeowners association is considered a parcel of real property subject to separate assessment and taxation and, in addition, each unit owner must be assessed for the unit owner’s percentage of undivided interest in elements of the association owned in common by the unit owners.

As we have seen more frequently over the past years, a homeown-ers association will get direct ownership of a unit in a foreclosure. In this circumstance, the homeowners association holding the unit will step into the shoes of a typical owner and will pay real estate tax at the association level. The real estate taxes should become a line item on the annual budget until the unit is disposed of by the homeowners association.

Personal Property TaxGenerally, we think about associations as distinct entities from its

homeowner membership and so we think that it can’t own tangible personal property. The members purchase an undivided interest in common areas and facilities however, the homeowners association as a legal entity may purchase tangible personal property items for its own use and ownership. Items such as lawn mowers, maintenance equipment, pool equipment, and carpentry equipment are typical tan-gible personal property items that associations may purchase for use by its maintenance staff or for its property management company to use. Since all tangible personal property held in Connecticut is subject

to tax by the city or town in which the association is located, unless specifically exempted, the homeowners association will be assessed a personal property tax on these items. Perhaps the only exemption that should be mentioned here is for municipalities or tax districts. Essentially, all personal property items held by a homeowners associa-tion are taxable.

Since the penalties for not filing or late filing personal property tax returns can be substantial it is best to take care not to miss the annual deadline.

In summary, there are a number of circumstances in which a home-owners association may find itself in a situation where it is liable for real and personal property taxes therefore it is important to do the necessary research, learn about the rules and talk to your town’s tax collector to understand your individual tax situation. ■

Sam Tomasetti, CPA is a principal in the accounting firm of Tomasetti, Kulas & Co., P.C. Sam served on the CAI-CT Board of Directors as its Treasurer from 1999-2003. He is cur-rently Chairperson of the Publications and Marketing Committees. Sam is a frequent speaker at CAI-CT education programs. Marsha Elliott is staff supervisor and has worked with all the financial aspects of condominium associations in the past eleven years at Tomasetti, Kulas & Company, P.C.

“Essentially, all personal property items held by a homeowners association are taxable.”



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magazine of the Connecticut Chapter of CAI, and stay up-to-date on HOA issues affecting our state. You’ll find a wealth of information for anyone living in a com-munity association, with the added benefit of the local angle. As a reader, you know Common Interest is packed with information on exciting upcoming chapter events and educational opportunities. So subscribe now and continue receiving this great publication!

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With over 200 people in the room, we were truly thrilled to have such great enthusiasm and support on this momentous occasion. We had dazzling decorations... marvelous music...

superlative speakers... stupendous sponsors... awesome attendees... record breaking raffle.. perfect photos... (Thank you Alan Barberino & Greg Roberts!) and... provocative (?) entertainment. It was great to see so many CAI-CT folks – many long time members as well as lots of new faces. There was a great deal of catching up to do for those who hadn’t seen one another in a while.

We had an incredible (and fun) committee which worked through the details of the event over many meetings. We applaud them for all of their tremendous work!

Fall Fun CommitteeCarrie Mott – Bouvier Insurance - ChairKenneth Ursaki — MHA Property Loss Advisors, LLCMea Anderon — Crystal Restoration ServicesBill Jackson – BELFOR Property RestorationDoug Miller – Schernecker Property Services, Inc.Diane Dumais — Safesidewalks.com (Precision Concrete Cutting)Greg Roberts – Westford Real Estate Management, LLC

We were very fortunate to have fabulous support from our long list of sponsors. Thank you!

40th Anniversary – Oh What a Night!

Yellow Brick Road Sponsors: BELFOR Property Restoration, Bouvier Insurance, Building Renewal, LLC, Crystal Restoration Services of Connecticut, Imagineers, LLC, New Look Painting and Construction, Inc., Prime Touch Services, Pro-Klean Cleaning & Restoration Services, Schernecker Property Services, Inc., and Westford Real Estate Management, LLC.

Emerald City Sponsors: All Waste, Inc., Bender, Anderson and Barba, P.C., London & London, MyEZCondo, Perlstein & McCracken, LLC, Phoenix Property Management, Simsbury Bank, The Property Group of CT, Inc., and Windsor Federal Savings.

Munchkin Sponsors: Adam Quenneville Roofing & Siding, Inc., American Safe Wash, ARS Restoration Specialists, and Plaza Realty & Management Corporation.

Event Sponsor:

(left) Past Presidents - Dave Kelly, Bouvier Insurance; Bob Gourley, MyEZCondo; Lynne McCarron, Phoenix Property Management; Matthew N. Perlstein, Esq., Perlstein & McCracken, LLC; Richard Bouvier, Bouvier Insurance &Lon Brotman, Westford Real Estate Management, LLC

(above) Past Board Members - Joe Rodgers, CPA, Carney, Roy and Gerrol, P.C.; Sam Tomasetti, CPA, Tomasetti, Kulas, and Company, P.C.; Howard Rosenberg, Esq., Rosenberg & Rosenberg, P.C.; Jean Dobbin, Dobbin Management, Inc.; Steve Margolis, Margolis Management & Realty, LLC; Jonathan Harris, Esq., Connecticut Department of Consumer Protection & Christopher Hansen, Esq., Sandler, Hansen & Alexander, LLC

(above) Steve Cabaniss, Westford Real Estate Management, LLC; Lisa Anderson, Esq., Bender, Anderson and Barba, P.C.; Gary Burdick & Donna McCombe, Simsbury Bank

(below) Dan Levine, CPA, Tomasetti, Kulas & Co., P.C.; Rebecca Sandler, Esq.; Scott Sandler, Esq., Sandler, Hansen & Alexander, LLC; Dan Rys, Windsor Federal Savings

(above) Carrie Mott, Bouvier Insurance

(above) Kenneth Ursaki & Linne Ursaki, MHA Property Loss Advisors, LLC

(above) Kathi Liberman, The Oaks; Gregory Zajac, Building Renewal, LLC; Laura Zajac, Tom Johnson, BELFOR Property Restoration; Sarah Blood, BELFOR Property Restoration & Suzanne Etzel, Imagineers, LLC

(below) Roxanne Jackson, Frank Pingelski, Tooher - Ferraris Insurance Group & Bill Jackson, BELFOR Property Restoration

(below) Nancy Rodgers &Joe Rodgers, CPA, Carney, Roy and Gerrol, P.C.

(above) Jackie Kuegler &Karl Kuegler, Jr., Imagineers, LLC

The CAMMies Committee was quite pleased to have 43 nominations to consider. Their deliberations proved to be challenging as the

caliber of the nominees was very impressive.

2016 CAMMIEs Semifinalists

The 2016 Rising Star of the Year Award:Chrystal Illes, CMCA, G&W Management, Inc.Lynn Jackson, CMCA, The Property Group of Connecticut, Inc.Greg Roberts, CMCA, Westford Real Estate Management, LLCRachael Sirica, Westford Real Estate Management, LLC

The 2016 Community Association Management Executive of the Year Award:Mike Carrier, CMCA, Somak Property ManagementKarl Kuegler, Jr., CMCA, AMS, Imagineers, LLCMark Liberman, CMCA, AMS, On the Mark Management, LLCSabrina Wentworth, CMCA, Westford Real Estate Management, LLC

The 2016 Manager of the Year Award:Lon Brotman, PCAM, Westford Real Estate Management, LLCSteve Cabaniss, CMCA, Westford Real Estate Management, LLCMichael McGovern, CMCA, Pyramid Real Estate GroupJackie Moccia, CMCA. AMS, The Property Group of Connecticut, Inc.Kevin Reeves, CMCA, AMS, PCAM, West Lyon Farms Condominium Assn.

Many Thanks to our CAMMie Committee for all of their great work!Bob Gourley, MyEZCondo — ChairDave Pilon, Bouvier Insurance Steven Berg Esq., Frankel & Berg Wayne Dow, Kevin Davis Insurance ServicesAndrea Dunn, Esq., Bender, Anderson & Barba, P.C.

And the 2016 winners are…Rising Star: Greg Roberts, CMCA (photos below 1 and 2)Community Association Management Executive: Karl Kuegler, Jr., CMCA, AMS (photos below 3 and 4)Manager of the Year: Jackie Moccia, CMCA. AMS (photos below 5 and 6)Congratulations to ALL!

(above) Pamela Bowman & Dan Curtiss, Prime Touch Services

(below) Heather Tomasetti, Tomasetti, Kulas, and Company, P.C.; Suzanne Etzel, Imagineers, LLC & Sam Tomasetti, CPA, Tomasetti, Kulas, and Company, P.C.

(left) Christine Carlisle, CPA, Carney, Roy and Gerrol, P.C. & Joane Mueller-London, Esq., London & London

(below) Kim Kurdziel, Bouvier Insurance; Jim Brooks, ARS Restoration Specialists; Mary Elizabeth(Mea) Anderson, Crystal Restoration Services of Connecticut; Jaspur Liberman, Dena Liberman & Mark Liberman, On the Mark Management, LLC; Heather Tomasetti, Tomasetti, Kulas, and Company, P.C.

(above) Thomas Daniel, Blaine Abaray, Zan Burkey & Doug Miller, Schernecker Property Services, Inc.

(right) Paul Degennaro, Ingleside Associates, LLC; Kim Kurdziel, Bouvier Insurance; Vicky McCarthy, SavATree; Ken Camello & Lynn Spaulding, Savol Pools

(above) Steve Cabaniss, Westford Real Estate Management, LLC; Nancy Gourley; William Ward, Esq., Ackerly & Ward; Eugene Schreiner, First County Bank & Bob Gourley, MyEZCondo

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(below) Nicole & Dave Pilon, Bouvier Insurance

For more pictures go to www.caict.org and click on the Facebook icon.



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Communication Corner...

Bob Gourley

Running Your Association Like a Business

By Bob Gourley

Volunteering to serve on the Board for your condominium, HOA, or other community association can be as daunt-ing as it is rewarding. The “call to serve” is not heard by

all but for the many that raise their hand and say “I will” when asked to serve, getting elected or appointed to the Board is just the beginning. Once on the Board, it is time to see your com-munity association for what it really is: a business. And just like any business, it requires intelligent operation if it is to thrive. It also requires recordkeeping and accounting to keep in compliance with state and local laws. For these and many more reasons, your community association needs to run like a business. In fact, here in Connecticut, the name of the CAI-sponsored training program for new Board members is called “Condo, Inc.,” a perfectly suitable name for a training program that explains all the ways that running a condo is like running a business

Businesses often have shareholders. In the case of a community association, the shareholders are the fellow unit owners. Just like a

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business, these shareholders have rights and the ability to vote and participate in certain governance issues. These shareholders also have the right to see just about all records of the association so it is impor-tant that accurate records be kept and that these records are made available to the shareholders upon request. Corporations often have Chief or “C”-level executives who make decisions for the business

“...here in Connecticut, the name of the CAI-sponsored training program for new Board

members is called “Condo, Inc...”

Visit www.caict.org to register.

CONDO, INC. I (formerly known as The ABCs: A Basic Course for Association Operations) The Business of Running Your Community Do you serve on the board of your association? Are you considering serving? Whether you are a seasoned board member, a recently elected board member or unit owner seeking to understand more about how an association runs, this course is for you!

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on day-to-day operation. The Association Board President and fellow officers of the Board function very much in the same way with their powers granted via the association’s governing documents.

Businesses must present certain annual reports to state and federal governments, especially on those items that face taxation. Similarly, community associations must file certain tax documents in accordance with state and federal law. In this way, your community association is forced to run like a business. You cannot simply fail to file tax reports without fear of penalty.

Finally, minutes of meetings must be taken at association meetings, just as minutes of Board meetings are kept for businesses. Minutes taken at Board meetings are the only official documents of meetings held, votes taken, amendments made to rules and so on. Without this documentation, Board actions can be called into question and even reversed if the association has a suit brought against it from a unit owner. Community associations face great scrutiny over the accuracy of their recordkeeping, as would any business.

If you haven’t already had the opportunity to attend the local CAI-sponsored “Condo, Inc.” training programs, I wholeheartedly recom-mend that you do so and I strongly recommend that you suggest to any new volunteers joining your Board that they make the investment in training for themselves. Suffice to say, some of the most successful businesses are those that are run in a professional manner. The same is true for successful community associations. ■

Bob Gourley is one of the founders of MyEZCondo, a communications firm that specializes in newsletter production and other communication solutions for condominium associations. He also serves as Board President of Captain’s Walk in West Haven, CT. Bob serves on the Publication and Website Committees and is Past President of the Board of Directors for CAI-CT.



It is never too early to be thinking about snow! Being prepared with a management plan for snow removal on a property can allevi-ate the fear and anxiety that residents face when a snow event is

forecasted. It may even reduce the Community Association Manager’s phone calls and emails.

Snow removal is one of the most complex and stressful aspects for any property manager. While residents are understandably focused on their own particular needs for instant cleanup, contrac-tors and/ or staff are required to follow specific procedures that have been developed to best serve the needs of the specific com-munity. Every snow event is different but one thing that remains the same is the importance of communication. It is important to remind residents about your property’s safety procedures about walking on the roads during snow removal activities. An example of such procedures would be where residents park their vehicles, this can create obstructions that inhibit the safe and timely removal of snow and ice. Safe and timely should be at the discretion of the person in charge of the removal operation as they can see hazards or effects of the weather that others simply cannot. With that being said, one can assure that anyone who is responsible for snow removal wants to get the task completed efficiently and safely to allow residents to get back to their daily routines.

When the calendar turns to November, anything can happen in the Northeast which is a good time to have snow stakes in place, protectants for plants applied and supplies on hand. This is also a good time to apply granular Gypsum to minimize salt damage to turf and ornamentals. Equipment should be serviced and tested prior to Thanksgiving if your properties do “in house” snow removal. Community Association Managers need make sure supplies are on hand in advance ie: shovels, rock salt, and calcium. You can never be too prepared.

When thinking about snow, it is also a good time to remind resi-dents about all winter preparations and the associations’ maintenance standards especially for residents that go away for the winter season.• Furnace - Should be checked by a professional before being used

on a daily basis; keep the heat set to 55 degrees to prevent pipes from freezing if the unit will be vacant.

• Smoke detectors - The batteries in smoke detectors and flashlights should be replaced or checked to make sure they are ready for any possible outages.

• Outside water spigots -Should be turned off and if possible, drained.

• Hot water heaters - Residents should be reminded that when they start approaching the 10 year mark, they want to consider replacing them prior to any catastrophic event.

SnowBy Paul Gursky, NOFA, OLCP

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These are simple reminders that can be shared with your commu-nity to help reduce unnecessary insurance claims against the common expense.

In the effort to effectively communicate and manage residents’ expectations, it is often worth the time to develop procedures and priorities on the snow removal operation. Community Association Managers might consider having a Snow Removal Mission Statement. The contractor and residents should have a copy at hand. One should ensure that the residents are aware of the minimum accumulation clause (2”-3” before any activity takes place) in the contract or in-house policy. Everyone wants to be first to get dug out but the reality is that not everyone can be. Perhaps part of the procedures; one can accommodate people who have special requests such as doctor appointments, pharmacy, airport, etc. The crew (in house or contrac-tor) can be informed the night before which can help the property determine whether or not the request can be accommodated. It is good practice to inform residents if a contractor bills for return visits and who is responsible for payment of services. Depending on the type of property, it is also good to let residents know that all units need to have snow removed to provide access, whether residents are in town or not. Discussing these follow up procedures will diminish the concerns of residents knowing that fire hydrants, storm drains and ice melter will be addressed after the initial storm clean up. These guide-lines can commence a healthy communication between residents and management during this time of year. ■

Paul is the Grounds Manager at West Lyon Farm Condominium Association in Greenwich CT. a position he has held for the last ten years. In his free time he likes to mountain bike, travel and spend time outdoors.

“When the calendar turns to November, anything can happen in the Northeast...”

Paul Gursky



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The Checklist The “Checklist” provides you with handy tips and ideas for handling common issues.✔

Who Wants to Be a Fully Protected Community Association, the Claim Game is Back

By Joel W. Meskin, Esq., CIRMS, CCALCopyright © Joel W. Meskin 2016

Most people choose to live in a community association to pro-tect their two greatest assets, their home and their lifestyle. This protection is accomplished by three basic tools. The first

is the governing documents (Articles of Incorporation, Declarations and By-Laws). The second is a Risk Management Program. Third is a board of directors and a community association manager.

The Community Association, whether a condo, townhome or a single family homeowners association is a legal entity. A separate legal entity must be managed by a natural person(s) such as a volun-teer board of directors. The board of directors is the risk manager of the community association. Those who are familiar with the board’s duties and obligations (often referred to as their “fiduciary duty”) understand that the key element of the duty is to put the association’s interest “above” the board member, or any other units owner’s or owners’ interest(s). The following is the board’s risk management team.

Why is director and officer liability insurance (“D&O”) necessary? Every set of by-laws and/or declarations of covenants, conditions and restrictions include a provision that the volunteer board members will be indemnified if their decisions or conduct is challenged in the course of their service unless it is grossly negligent or willful. If your documents do not have such a provision, immediately see a commu-nity association attorney. Community Associations are budget driven not-for-profit entities. Since “indemnification” of board members is not a budgeted item, it requires a funding mechanism. This mecha-nism is D&O. However, the consequences of board decisions and conduct are not always insured or insurable. (D&O is also a primary funding mechanism for the indemnity provision in the management agreement between the community association and manager. Tip: If something is not covered by a D&O policy, it will be covered by the association’s assets or a special assessment.)

The board has two primary types of risk to manage. The first are “wear & tear. For all intents and purposes, these are the items set forth in the reserve study. These risk items are those items we know will wear out such as a roof, building paint and parking surfaces. These are not insurable risks under an insurance policy. I call a properly funded reserves study as insurance for the uninsurable risk. It never ceases to amaze me that boards do not fund reserves as recommend-ed. Unlike the insurance policy, the reserve study is not going to be non-renewed. However, it can give rise to a claim if it is not properly funded as a breach of fiduciary duty. Very often, the decision not to fund as recommended is to save unit owners money which is in direct

Risk Management

Team

contravention of the board’s fiduciary obligation. Pay a little now or pay a lot later!

The second type of risk is “unexpected perils.” The unexpected perils, perils that are guaranteed to occur, are what are insured. However, just because the unexpected peril is the result of a board decision or conduct does not automatically mean it is covered under a D&O policy. First, not every peril is covered under a D&O policy as it may be covered under a separate policy. The most common perils that are not covered under the D&O policy are “bodily injury” and “property damage.” These are covered in the normal course under a general liability policy. In addition, costs to comply with fair housing or EEOC orders, the cost to redo an elections or the cost to undo and/or correct an architectural variance decision would not be covered.

Other perils that are not covered under some D&O policies are perils that are excluded, because the insurer chose not to include those perils, or because those perils increase the cost of insurance and the boards choose not to pay for the broader coverage. Very often, boards are not aware of the narrower coverage, because they do not

“The board of directors is the risk manager of the community association.”



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demand that their insurance professional explain coverage to the board itself. The coverage that often falls into this latter category includes defense of alleged breach of third party con-tracts, defense of failure to obtain or maintain insurance, discrimination (including emotional distress damages from discrimination), employment practices liability, or those policies that still do not provide coverage for non-monetary claims.

What are the most common D&O claims? Based on the above, would these be covered?

Claims CoveredNot

Covered It Depends

Bodily Injury X

Property Damage (including Loss of Use) X

Removal of Board Member X*

Discrimination X*

Employment Practices Liability X*

Architectural Application Decision X*

Americans with Disability Act X*

Emotional Support Animal X*

Assessment Challenge X*

Foreclosure/Lien X*

Breach of Third Party Contract X*

Failure to Maintain or Obtain Insurance X*

Construction Defect Claims X*

Defamation X

* If the policy covers non-monetary claims it is covered and if the policy does not it is not covered.

In addition to what is or is not covered under a D&O policy, there are some key policy definitions and procedural items that must be understood. These include what is a “Claim,” a “Wrongful Act” or a “Prior and Pending Proceeding Exclusion.” In addition, the D&O policies are “Claims Made and Reported” policies. These provisions have dire consequenc-es. These items are beyond the scope of this article.

In conclusion, having insured 80,000 or so community associations nationwide and hav-ing touched between 5,000 and 6,000 director and officer liability claims, I have determined that there are two primary factors underlying most claims. First, most unit owners do not read the governing documents before closing on their unit. Second, the volunteer board members turn their positions into something it is not. ■

Joel Meskin, Esq., CIRMS, CCAL is vice-president of community association products with McGowan & Company, Inc.

HELP WANTED!Did you know that CAI-CT has a Job Bank available on our new website? If you are looking for a new employee — someone who knows to look to CAI-CT for oppor-tunities – consider placing an ad in our job bank. Contact us at 860-633-5692 or [email protected].



You Ask Mister Condo, Now Mister Condo Asks You!

Visit www.askmistercondo.com

ASK YOUR QUESTIONS...

Every issue of Common Interest features an “Ask Mister Condo” Question submitted by a reader of the Ask Mister Condo website at http://askmistercondo.com. There are often many

reasonable suggestions and solutions to condo questions. Mister Condo is asking you to participate and share your wisdom with the world. Review the question below and submit your answer in an email to: [email protected]. Look for your answers in future issues of Common Interest. Here is this issue’s Ask Mister Condo question:

L.Z. from New London County writes:

Dear Mister Condo,I own a condo in quiet, well-manicured, and well-maintained complex. A unit owner that moved in 2 units away from me has our area in a state of disbelief with how one person can cause so much conflict. There are about 12 notable incidents over the past 2 years a few of the closer neighbors have had with her, even to the point where the police have been involved. My question is this: are there not any measures that can be exercised against her? The police say we have to wait for her to threaten or harm someone for them to get involved. The board says she is a unit owner and has not actually violated any by-laws.

______________

In a previous Ask Mister Condo column, you were asked to help a reader with the following question:

R.F. from Litchfield County writes:

Dear Mister Condo, Who is responsible to pay for radon mitigation? Association or Condo Owner?

Mister Condo replies:R.F., I am sorry you have a radon problem in your condo and that it

is unclear who should pay for that mitigation. As with most items that require additional clarity, you should first look to your declaration and governing documents to see if there is any mention of radon detection and mitigation. My guess is that you won’t find anything but it doesn’t hurt to check. The next item to consider is where is the radon found and is the association responsible? My guess is that the radon is found in the air inside of your unit. For the most part, that would make the mitigation of such radon the unit owner’s responsibility. An exception might be if the radon were found in a common area like a storage area or crawlspace, in which case the expense for mitigation may fall upon the association. So if the radon is found in your basement and the basement is part of your unit, the mitigation expense is likely yours as well. Hope that helps!

Visit us at http://askmistercondo.com. Follow us on Facebook and Twitter and join in the conversation!

HHH Mister Condo Speaks! – Mister Condo is a regular contributor to the weekly podcast called “HOA Talk Time”. You can listen to current and past episodes at HOATalkTime.com. The podcast is hosted and produced by Tab and Z, two gentlemen who work in the HOA inspection industry. It is a fun and lively show with a wide range of HOA topics and guests. As always, thank you for your support! ■

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TECHNICAL EXPLANATIONSThis column appears in each edition and is intended to touch on technical topics of general interest to common interest associations. Topics will be of a general nature, but I will also accept and respond to questions from readers. On occasion, it will be guest authored when topics can best be addressed by experts in other fields.

Timothy Wentzell, P.E.

It is interesting how the longer I have been in private consult-ing practice how issues seem to come in groups. For example, during certain winter seasons, ice damming caused roof leaking

is problematic and roof failure issues are prevalent during years of heavy snow. But recently, ironically in a year that has been fairly dry, we seem to be running into a repeated problem with buildings that were originally factories, often of more than a hundred years of age, that are exhibiting problems with moisture issues. Some of these are recent conversions where in some cases a long abandoned factory was converted into condominiums for residential use. Often these old factories had many operations that may have started at very low elevations, where for instance coal chutes, boilers and other manu-facturing operations existed. These factories include woolen mills or other textile factories or manufacturing of numerous other products in the 19th and early 20th century. But when the factories were aban-doned, developers needed to look at what spaces would be desirable for residential use. Often many of the lower floors which were below grade were not as desirable for creating residential units and in order to create more desirable spaces, grades were often changed. What may have been large factory doors were blocked off and often you can walk around these buildings and see beautiful archways with the top of windows and doors buried partially or completely below grade. In other cases below grade spaces were considered desirable and units were created either partially or in some areas fully below grade.

Brick buildings that were built a hundred or so years ago were most typically constructed of a three course (row) system consisting of inner brick, outer brick and what is often referred to as a rubble course in-between which typically is also brick but where broken pieces of material or other brick type debris was used to fill the annulus. Unlike a more modern brick building which often has a cavity wall allowing for leakage through the brick and drainage to the outside, these build-ings rely on the exterior surface of the outer course of brick to be the waterproofing surface. Hence, when you bury this wall below grade, moisture can migrate through these walls and if not well sealed, the moisture can then migrate through all layers unlike more modern exterior façade systems where there is a drainage layer in the wall. What we seem to see repeatedly in these old factory/ residential conversions is that the grades were modified and no new drainage system installed around the exterior which would be required in new construction. Then, if insufficient sealing is done, water migrates into the interiors.

Issues Seem To Come In Threes (Or More)By Timothy Wentzell, P.E.

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For some reason, this seems to be so often omitted, I suspect because of a misinterpretation of code requirements where it may have been assumed existing conditions are grandfathered. The build-ing codes are quite clear when a change of use occurs, for example industrial to residential, that it is as if the building is new with regard to required building codes. Exceptions are not noted for existing conditions and often this is misunderstood perhaps by developers or others that features such as footing drains which would be fairly typical for new construction are not considered necessary. This can result in these old buildings having moisture migration issues which are very problematic. Typically, how this needs to be remedied is the same process one would undertake with a new building. Excavate around the exterior below the footings, install footing drains sealing the outside wall or perhaps utilize new products such as water wall systems which is a double layer system permeable on the outside with an annulus and a membrane inside wall which directs water into a drain system in order to effectively create a barrier around the build-ing. In the conversion of a hundred-year-old building, although often creating extremely desirable units, a clear understanding of what this conversion entails with regard to moisture type issues is imperative. ■

Please address any questions or areas of interest that you would like answered in future col-umns to Timothy Wentzell, P.E., Connecticut Property Engineering, 630 Governor’s Highway, South Windsor, CT 06074 (860-289-8121) (e-mail: [email protected]).

“Some of these are recent conversions where in some cases a long abandoned factory was converted into condominiums for residential use.”



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[Continues on page 35.]

Manager’sColumn...

In this column, we tackle various topics of interest to association Boards of Directors with the intent of imparting practical advice. This column addresses one of the, if not, most important issue that

faces community associations; the period of time during which control of an association transitions from Developer control to Unit Owner control. What occurs during this most critical time can have major consequences to an association both with respect to the physical struc-tures and grounds of an association and the financial consequences to unit owners for any failures by the Developer to properly construct the structures and grounds. This article focuses on construction related issues.

A. Setting the Table on this Topic It is human to be enamored by what we see on the surface of

objects. We do not initially see the imperfections, blemishes and warts of the object we admire from first glance. However, reality eventually sets in, and we begin the slow and painful process of addressing all the imperfections and deficiencies of what we perceived was perfection, or as close to perfection as we thought we were buying into. How many times do we fall in love with the look of something, only to realize thousands of dollars later that what we admired was impractical and/or insufficient and/or deficient and/or dangerous in its application and installation? The beautiful architecture of a roof is admired by all of us, until we learn the hard way that it was not properly designed and/or constructed, resulting in damages to the interior of units and hard costs to remediate the outside as well. This is a story that repeats itself from association to association all the time. So much time and effort is utilized during the early years of an association to address these issues that it impacts the ability of an association to address other pressing concerns. While the picture we are painting does appear to be quite grim, there are ways to better handle these issues. To accomplish this, we first need to examine what can happen during this transition period and what associations need to do to better protect themselves from developer failures.

B. What can Happen During this TransitionThere are many things that can happen to an association during the

period of transition from developer control to unit owner control. The following are just a few examples:1. Construction Deficiencies - It takes one ice damming event

or even a torrential rainstorm to uncover construction deficien-cies in building structures, roadways and drainage systems. The correction of these deficiencies can run associations hundreds of thousands of unbudgeted dollars to correct.

2. Failure to Close Out Building Permits - The failure of the Developer to obtain a close-out of a building permit can lead to problems when units are up for sale. Banks and other lending

Being Practical, Part XXXV

From Developer to Unit Owners: A Most Critical Time

By Reg Babcock, Jessica Luginbuhl and Rich Wechter, CMCA

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institutions along with title companies freeze the completion of a sale due to open permits, many of which may have been taken out long before a property management company was retained by an association or long before the current board members began their service.

3. Failure to Secure Final Certificate of Occupancies (C of O’s) - In some cases, the Developer walks away from a develop-ment having failed to secure final certificates of occupancies (C of O’s) for some or all of the units in an association. This can have a devastating impact on the ability to sell or refinance a unit.

C. How to Protect Associations from Developer Failures

There are a number of best practices for associations and their man-agers to employ to protect against developer failures set forth in this article. The following are just a few examples:1. Secure all developer documents including, but not limited to,

“as built” drawings. This should include the building structures, grounds layout and all mechanicals (plumbing and electrical). Contact should be made directly with the architects, engineers and contractors utilized by the Developer.

2. Obtain the specifications on all unit interior fixtures and appli-ances. There are always inquiries on the internal devices for units and having this information handy will save precious managerial time as well as benefiting current and future unit owners and resi-dents.

3. Obtain information on the various models constructed on a prop-erty (square footage, layouts, etc.).

“There are many things that can happen to an association during the period of transition from developer control to unit owner control.”




At this early stage, accuracy is not the most important thing. Predicting what probably will happen in the future comes with its own inaccuracies. At this point, a bad plan is better than no plan at all. Each project in your plan is a “place holder” ready to be improved as time and experience allows. The major benefit of developing a plan can be summed up by a quote attributed to Dwight D. Eisenhower, “plans are nothing, but planning is every-thing.” There’s another phrase that says no battle plan survives the first encounter.

So, consider the first plan a thought process and a baseline on which future improvements and refinements can be made. If get-ting started is 90% of the battle, let’s get started. It’s easier than you think.

Your job, when calculating the annual contribution to reserves, is to “right-size” it so today’s owners are not paying too much or too little of

Now if there was an easy, free way to develop a credible Reserve Plan, would that help remove the inertia?

There are free and fee based tools avail-able online. These tools provide a way to mitigate many of these objections and make reserve planning accessible to all Associations.

Getting StartedIn the software I have used

(QuickRerserves.com), the website pro-vides all the help you need to establish an account and navigate through the various screens. You’ll first add a baseline data year, reserve balance, an inflation rate, pictures of your Association, components, and their useful lives, remaining useful lives and today’s repair or replacement costs. Then you will move to a draft screen, and then to a final publication screen. Download or print the Reserve Study and you’re done.

Homeowner’sColumn...

Reserve Planning The Process to create your own Reserve Plan is not magic. You can do it yourself.

By William J Chmura

This is Part 3 of a 5-part series

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their fair share of deterioration. When an owner moves out, someone else will pick up these payments as long as they live here. This first plan could help generate enough owner interest that they will insist on fully funding the plan.

The benefits of doing it yourself• You do not have to hire an expensive consultant. The results, how-

ever, might scare you enough to hire a consultant and, when you do, it’ll be easier if there was a draft of a plan already in the works.

• Once you have the plan you can update it annually very easily.

• The plan becomes its own selling tool because it can be used to illustrate to owners when and how much to expect for special assess-ment in the future.

• It forms a starting point for updating the plan or hiring a profes-sional.

• It’s free and resources are available to help take the mystery out of creating it.

• It will put you in the ballpark and is better than nothing.

• It gives you a running start and whets the appetite of those who are reluctant to start.

• It gives the Board a fairly good estimate of your future cost exposures.

The drawbacks of doing it yourself• A professional might identify more projects than you might on your

own.

RESERVE PLANNING...from page 24.

• The professional might have access to more accurate replacement cost data. Someone in your organization has to have the basic skills, the time and willingness to follow the steps.

Reserve Planning TerminologyWhile much of the available literature refers to the two phases of

Reserve Planning – a Physical Analysis and a Financial Analysis, it’s easier to sell to owners if you added a third phase called the Funding Analysis. The first two have nothing to do with how you pay for the plan but only on what you need to do, when you need to do it, and the cost. Then, and only then can you develop alternative funding sce-narios – full funding and set-asides, partial funding through set-aside and balancing it with special assessments, loans, theft or whatever. Focusing on three phases gets people beyond the “we can’t afford it” blockade to a documented plan. Deferring the choice of who pays, when they pay, and how much they pay, gets us over a large impedi-ment to creating a credible plan in very short order. • Physical Analysis (the projects, the costs, the timing)

• Financial Cost Analysis (the annual costs to accomplish this over 30 years)

• Funding Strategy (how your Association will pay for this)

Watch for Part 4- Reserve Planning: The Physical & Financial Analysis. ■

William J Chmura, BSME, MS Met, MBA is the Treasurer of Spring Lake Condominium Number Nine in Southington, CT.

Editor’s Note: The author references one provider of online reserve planning tools. The author’s use of this tool should not be interpreted as an endorsement by Common Interest or CAI-CT.



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Eric Churchill

“Wait…what? You’re kidding.”

That’s a common reaction from homeowners viewing photos from an invasive inspection of their building envelope. It can be unsettling to see evidence of rotted sheathing and framing,

failed roofing, and sidewalls without housewrap on your property.Unfortunately, it’s nothing new to us. We’ve worked with thousands

of communities to repair and replace roofing, siding, and decks. And we’ve presented these findings time and time again.

Most New England condominium properties were still young when we began focusing on building envelope maintenance, repair, and replacement for the condominium market. That was more than 25 years ago, coinciding with a pause in the condominium building boom.

The first-generation wood-sided townhouse condominiums born during the 1980s were seen as attractive, inexpensive alternatives to single-family home ownership. Driven by demand, properties were built quickly. But labor was scarce, and building materials were often chosen for cost over quality. Speed, low-quality materials and incon-sistent installation are not a formula for longevity. Instead, “build it fast and cheap” has proven to be a recipe for widespread building envelope failure as these properties enter middle-age.

As the properties have aged, our advice to clients about building envelope maintenance and replacement decisions has also evolved. Initially, we focused on how to best approach the shortened paint-ing cycles that required excessive repairs to inferior pine trim and low-grade cedar siding. These repairs are called “spot repairs” since the work consists of replacing the “spot” that is damaged rather than entire walls or systems.

For years, we’ve cautioned clients about the perils of getting trapped in expensive spot repair cycles. But now we have sufficient evidence from a variety of mid-life properties to conclude that our warnings about aggressive spot repairs have not been strong or clear enough.

The bottom line: If you live in a wood-sided townhouse condomin-ium built before 1995, the time for spot repairs has most likely passed. Not only are aggressive spot repairs at this stage of the building enve-lope lifecycle a poor investment compared to complete replacement, they may cause more harm than good. Let me explain…

The Limited Role of Maintenance Every building envelope has a finite lifecycle. The average build-

ing envelope lifespan for first-generation, wood-sided condominium properties has proven to be approximately 20 years. While some last longer, we have also advised communities that their building envelope should be replaced well before then — on a few occasions within 10 years of construction.

The Truth About Spot Repairs Is your building envelope maintenance

doing more harm than good?By Eric Churchill

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If you are surprised by this short life expectancy, you are not alone. In New England, it’s not uncommon for homes built by craftsmen using premium building materials to function well after 100 years. But expecting similar results from New England condominium building envelopes built during the boom era is not realistic.

Regular maintenance will help your building envelope achieve its natural longevity. But when low-grade materials in a quickly con-structed building envelope system approach the end of their useful life and begin to fail, maintenance invariably becomes less effective.

The problem occurs when communities do not recognize the need to shift from maintenance mode and start planning for replacement. Often this happens when maintenance programs are left on autopilot. Painting and repair specifications sent out to bid are the same that seemed to work in the painting cycle 5, 10 or 15 years ago. There is a steady rise in the number of spot repairs due to underlying rot. But because the actual percentage increase appears to be incremental compared to the previous maintenance cycle, no one sounds an alarm bell until it is too late.

Associations are lulled into a false sense of security that they are “maintaining” their aging building envelope because they are mak-ing repairs and painting on a regular schedule. The funds spent on maintenance and short-term aesthetic improvements cloud the ability of communities to recognize the ailments of aging building envelopes. Peeling paint, leaking roofs and rotting wood around windows, doors, and decks are symptoms of problems that are not solved with spot repairs because spot repairs do not correct the underlying cause of the problem.

The cumulative costs of spot repair cycles add up quickly. Many communities throw money at failing building envelopes for years past the point when continued maintenance makes financial sense. If your condominium’s building envelope is nearing or past the 20-year mark, it’s time to consider whether your community needs to stop making repairs and start planning for replacement.

“Spot repairs may even accelerate the deterioration of the building envelope.”



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This decision has nothing to do with whether you have deferred building envelope maintenance for years or you’ve been diligent from day one. It has everything to do with the aging and deterioration of the materials that make up your building envelope system. Communities that have implemented textbook maintenance find themselves in the same situation after 20 years as properties that have not been as proactive.

How Spot Repairs May Harm Your Building Envelope

Our experience confirms that aggressive maintenance of wood-sided townhouse condominiums does not significantly improve build-ing envelope integrity or longevity. In fact, evidence from a variety of communities indicates that spot repairs may even accelerate deteriora-tion of the building envelope.

An area surrounding a spot repair is often more vulnerable to failure after the repair, regardless of how well the initial spot repair is performed. Again, this is because spot repairs do not solve the under-lying problem — typically water penetration.

Take a classic spot siding repair, for example. In addition to the failed exterior siding, the repair includes replacement of any failed housewrap beneath the siding. Housewrap is a breathable membrane that keeps water out while allowing interior moisture vapor to escape. This underlayment material is a standard part of modern siding sys-tems. When installed and flashed in a continuous layer, it does a great job of protecting against water penetration.

Unfortunately, in our experience with first-generation townhouse



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condominiums, this is rarely the case. Housewrap materials, coverage and installation meth-ods vary widely and rarely meet acceptable quality standards or prove effective at shedding moisture.

When housewrap is installed in smaller “patches” — as is typical for spot repairs — your building envelope is still vulnerable and often even more so. Once water enters the building envelope, it can penetrate the seam created at the border of the new housewrap patch. There the moisture becomes trapped against the sheathing and causes rot. To make things worse, water diverted from the site of the spot repair may result in damage to adjacent areas.

“Fixing” spot repairs can feel like a game of building envelope “whack-a-mole.” No matter how many times you think you’re winning the game, in the end you never get them all. And it is not possible to create a continuous, properly flashed underlayment system without removing the entire wall of siding.

Is Your Building Envelope at the Tipping Point?The average lifespan for first-generation, wood-sided New England townhouse condomini-

ums is about 20 years. But the specific “tipping point” at which your property moves from maintenance of a functioning system to planning a full building envelope replacement depends on many factors.

For this reason, the best way to determine the remaining useful life of your building envelope is not with a calendar, but with a comprehensive physical inspection by a qualified contractor or engineer.

So the next time you hear about or see a spot repair being performed on your property, start asking questions. The more you know — and the sooner you know it — the easier it will be to make the right long-term building envelope decisions for your community. ■

Eric Churchill is the president of Schernecker Property Services, a contractor that specializes in building envelope solutions for New England community associations.

SPOT REPAIRS...from page 29.

Got it? Email PolicyHere is an opportunity for you to share something that

you’ve got in your association that could be helpful to other communities. Now that our new website is humming along, we would like to expand the resources we offer to our mem-bers. We wish to establish a template library. In the past, we have shared things like generator policies, procedures for solar panel installation requests. Tell us what you’ve got!

We have had a few inquiries lately regarding policies about emails, e.g. for sending notices, communicating issues, etc. Please send us what you have so we can expand the knowl-edge base in our great chapter!



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✔ Painting ✔ Siding ✔ Decks

✔ Roofs ✔ Windows

4. Obtain copies of all current contracts between the Developer and outside vendors.

5. Ascertain any “sweetheart deals” between the Developer and individual unit owners (limited common element extensions, utili-zation of additional parking spaces, etc.).

6. Secure the services of a good engineering company that specializ-es in developer construction deficiencies. They will be invaluable in uncovering the extent of any possible construction deficiencies and the suggested remediation of those deficiencies.

7. Do not accept the word of developers that they have a handle on any of the items we have set forth in Section B of this article. When they tell you they are handling it, do not accept that. They, in most cases, are not living up to their obligations and associa-tions will need to interject into these matters to resolve them.

8. Do not hesitate to engage Association Counsel to represent the Association in communications with the Developer and, most importantly, the municipal agencies involved with the develop-ment project.

9. Let the municipal agencies know that the Association is caught in the middle of these matters and is looking to have all open issues resolved.

10. Keep the pressure on the Developer. Do not be afraid to com-mence available legal action.

D. Final ThoughtsThere are developers who build wonderful projects without any

problems. We salute those developers and hope that their examples become the norm rather than the exception. Unfortunately, experi-ence establishes the many examples of problems that arise from devel-oper failures which require associations and their managing agents to spend an extraordinary amount of time dealing with this while han-dling all other association matters. We hope this article provides some help in understanding what may happen with developer failures and what associations can do to protect themselves from these deficiencies. Accordingly, we urge community associations to take the time to read this article carefully and to follow the sage advice offered. ■

The authors work for Westford Real Estate Management, LLC. Reg Babcock is Chief Operating Officer & General Counsel, Jessica Luginbuhl is Director of Marketing and Corporate Communications, and Rich Wechter, CMCA is Senior Vice President.

MANAGER’S COLUMN...from page 22.

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Home Workssouthern New england

Roofing • Siding • gutteRS

Let Southern New England Home Works LLC guide you through your next capital investment project. The owners Jim and Brian will be on site for the duration of your project ensuring all of your needs and our strict quality guidelines are met every day.