During the board meeting, the property manager holds up a stack of bills and asks the board which vendors should be paid and which will have to wait. It’s an all too common event that is played out during condo and HOA meetings throughout the United States. At each meeting the decisions get harder and harder to make.  Eventually, the choice is often made to go back to the well and drop another special assessment into the laps of the condominium owners who pay on time.

It’s still possible that community associations can reduce expenses but that strategy is limited because there is not much meat left on that bone. We are three years into this crisis.  Reserves have been depleted and all but essential services have been cut back. Delinquencies and defaults are the villains, but it is the service providers and responsible owners who are being punished. What most associations and their boards of directors do not realize is that the problems of cash shortfalls and bad debt be solved by establishing structured and intelligent collections policies and procedures and enforcing them. It is the most effective way to bring in errant dollars.

The first and perhaps most important step in this process is realizing that condominium associations and HOA is just like any business and that cash losses and delinquent accounts cannot be tolerated. The second step is determining which debts can be collected and which debts are stone cold dead. And finally, using all available resources to recover what can be collected and making a policy that establishes consequences to prevent future delinquencies.

Many boards are surprised to learn that most of what is owed and considered “bad debt” is actually collectible. When an owner has their home foreclosed upon, the debt they owe the association is by no means erased. When a bank forecloses on a unit that is in a non-equity position (sometimes called being upside down or underwater), somebody needs to fight tooth and nail on behalf of the homeowner association to collect it.

If your condominium or HOA is like any other business, when faced with defaulting or slow paying accounts, you would bring in professionals to collect for you.  To send an account directly to an attorney is premature and perhaps not the most cost effective method of collection. There is an art and science to professional collections work.

There is a myth among motivational speakers that the Chinese word “weiji” means both opportunity and crisis. While this is not quite true regarding the Chinese language, it is certainly true regarding good old fashioned American business innovation.  Where there is a demand you can be sure that American business will find a way to satisfy it. A cottage industry has been born out of this housing and foreclosure crisis that brings funding and other innovative financial solutions to community associations. With almost 20% of Americans living in common interest residential associations, one would almost expect that new businesses would evolve out of sheer necessity, and such has been the case. Community associations need to seek out collection services and specialty finance lenders to help them through this crisis. Open up any community association trade publication, find an industry specific collection company and let business take care of business.

Thanks to Kenneth M. Arnold for this valuable information. He is Co-Founder and Chief Executive Officer of Association Financial Services, a Miami, Florida-based company specializing in debt collections, specialty lending and other financial solutions for condominium and homeowner associations. He is also a licensed Florida Community Association Manager and Licensed Florida Mortgage Broker. Feel free to contact Mitch Drimmer with any questions 1-866-736-3069, #804 or mdrimmer@associationfs.com

fire sprinkler accident

Expect the unexpected

At a NARPM insurance seminar that I attended last week, Christopher Yarn of Lykes Insurance stressed the importance of practicing good risk transfer. An insurance claim against an upscale condominium association brought to light some issues that property managers should consider.

The community association hired a drywall contractor to do work on a high-rise. The community association required that the drywall contractor name the association as additional insured.  The drywall contractor had $1 million general liability insurance. The drywall contractor, in turn, hired a painter to do some of the work. The painter had $500,000 general liability.

Sounds like good risk transfer practice so far, right?

The painter’s ladder struck a sprinkler head, causing flooding of the unit where he was working and two units below. The water destroyed very expensive paintings on the walls of one of the units plus other significant problems. Property damage totaled over $2 million.

Though the painter had general liability coverage, the drywall contractor had neglected to require that the painter name him as additional insured. If the drywall contractor had been named on the painter’s policy, the painter’s carrier would have paid the first $500,000 before affecting the drywall contractor’s insurer. But since that was not the case, the painter’s and drywall contractor’s carriers shared 50/50 in payments until the painter’s 500,000 limit was exhausted. The drywall company’s insurance paid the next $500,000. Now both contractors’ limits were exhausted.

The association was left with about $800,000 of claims.

Morals of the story:

  • Although the fact that the drywall contractor had neglected to get named as additional insured had no impact on the outcome - both contractors’ limits were exhausted nevertheless – property managers should take note. Even if your contractor is fully insured, if you don’t practice good risk transfer, your carrier will pay bills that it didn’t have to pay, thus increasing your insurance premiums.
  • Because the community association had adequate coverage and had had the drywall contractor name it as additional insured and sign a proper vendor agreement and because the association agreement had verified the vendor’s license, its insurance carrier settled the claim.
  • The community association had practiced fairly good risk transfer. What could the association have done better? Had the association required a $1 million umbrella policy from the drywall contractor, the association would have been better protected.

Thanks to Christopher Yarn for his help with this post and for his expertise. Mr. Yarn can be reached at 407-319-2937 or by email at cyarn@lykesinsurance.com.

gray security cameraA commercial broker friend was on her way to a closing last week. It was for sale of a vacant multi-unit property. My friend’s client, the seller, was prepared to come out of pocket in order to pay off the bank – something a lot of sellers have been forced to do in this economy.

But it wasn’t to be. On the way to the title agent, buyer and seller met to do a final walk-thru. The entire property had been ransacked for all copper. Wiring, air conditioning, water heaters and pipes were all gone. So was all hope of the closing. A theft of about $500 copper value cost hundreds of thousands in damage.

The copper theft epidemic is causing massive losses for owners of vacant properties, utility companies, schools, construction sites, office buildings, shopping malls, insurance companies and others. Typically the thieves make profit of a few hundred dollars and cause hundreds of thousands in damage. Catching the thieves after the fact may serve some small measure of justice but at that point, the damage is done. To add insult to injury, copper thefts are typically classified as misdemeanor so prison time is usually light.

Video and Sensor Detection Alarms as well as warning signs are probably the best prevention. In the case of vacant property, a wireless system can function if there are no active phone lines. Most important is that police are notified very fast – the arrest needs to take place before the copper is ripped out. A CCTV feed into a DVR is great for some things but is of little to no value in the war against copper theft.

While browsing one of one of my favorite blogs covering community association management, a community association volunteer asks Richard White from TC Palm if it is really necessary to hire only licensed and insured contractors. The volunteer is worried that hiring an unlicensed contractor might increase the condo board’s insurance premium.

It’s great that the volunteer took the time to make the question but his concern is misplaced. The risk is not that his association’s insurance premium would rise. It’s that hiring an unlicensed, uninsured contractor would leave the association with no coverage in case of injury or property damage.

Your association’s General Liability carrier isn’t going to cover you if you hire just any Joe. The unfortunate fact is that too many self-managed community associations don’t realize the liability that they are assuming when they hire some unlicensed, uninsured character.

As Richard White points out, there is only one way to insure that a contractor is insured.  You need to request and receive a Certificate of Insurance (COI) that names your association as additional insured. The contractor must instruct his insurance agent to email or fax the certificate to you. If the document does not name your association, it is not valid.

Speak to your insurance agent about what you should require from different types of contractors. And of course, consult with your attorney about contracts with vendors.

The heavy snowstorms that began hitting New Jersey in December have hit Bergen County hard in the wallet. Over $3 million of the original $4 million budget for snow removal has been spent. The county is now looking to New Jersey for reimbursement – Governor Christie is in turn, asking for reimbursement from the federal government. The county assures us that the funds will be there and not to worry. Bergen will be at the ready in the case of more snow this winter.

Hackensack is getting creative. The city is asking residents to “adopt-a-hydrant,” meaning clearing snow near the hydrant during winter and keeping clear of overgrown vegetation the rest of the year.

If you need to park a distance from the curb because of snow, be careful that there is enough room left for a fire truck. You don’t want to be responsible for delay of an emergency responder.

If you own or manage a commercial property, make sure to contract with a professional snow removal company. A professional contractor is prepared to remove snow 24/7. Even more important, a professional company is properly insured and equipped - don’t kid yourself, snow removal is dangerous. Costs of injuries due to snow removal run about $1 Billion per year in the US.

Find licensed, insured snow removal companies in Bergen County and ask questions. Get pricing and timeframes. Find out about sand and use of salt and how to factor ice control into the agreement. Ice can be even more dangerous than snow. In our litigous society, don’t leave yourself exposed.

Doing it yourself or having your staff remove the snow can result in injury/back problems, heart attacks and many other problems are not uncommon when removing snow. People with high blood pressure or weight problems are particularly vulnerable to coronary problems caused by very hard work in cold weather.

To the degree that you remove snow yourself, remember - bend your knees when lifting and drink lots of water! A common mistake is to keep warm by drinking coffee but coffee actually lowrs your fluid content after a while – it’s a diuretic.

If you have need of an HVAC contractor in Maryland, here is a list of 6 things to consider. We have written some things down for you, so that you are not shooting blind when it comes to reviewing and hiring contractors. Asking just a few questions could save you money, frustration, and time.

  1. Rebates – Ask your heating and air conditioning contractor about any products and services that they recommend who offer rebates or tax breaks. The state’s funds for rebates is all spent but ask about local rebates that might apply. The cost of energy is high in Maryland, and every penny counts. Check for Energy Star rating for heating, air conditioning and boiler equipment.
  2. And ask about warranties. What kind of warranty is there on the equipment, and what warranty will the contractor offer on service?
  3. License and Insurance – Maryland Heating, Air Conditioning, Ventilation and Refrigeration Contractors must be licensed and insured. You can verify Maryland HVAC license online.
  4. If you hire an unlicensed HVAC contractor and something goes wrong, you can be denied any insurance claims for either injury or property. Inspectors can actually make you take down any work down without a permit. Hiring a licensed contractor will give you peace of mind.
  5. Estimates – A qualified heating air conditioning contractor will inspect your property, rooms, and current ductwork and provide you with a detailed estimate. Make sure if you get more than one bid that they are using the same specifications.
  6. Ask for references – It’s not rude to ask for references or referrals from a contractor. A contractor who is experienced and has satisfied customers will be happy to provide you with this information. If they’re not, ask yourself why. And make sure to check them, too: It’s not enough just to get them, you have to make sure that they are legitimate.

Your county or municipality may also require a permit for replacement of heating unit or anything structural. Ask your insurance agent about what types of insurance you should require from a heating contractor always make sure about workers’ compensation – here.

Check their insurance – Ask  your insurance agent about any documentation that you need to require from your Heating Air Conditioning Contractor. You don’t want to be liable for any damage that the contractor or his employees do to property or individuals. You can check Maryland Worker’s Compensation insurance with Maryland. This is important, as well. You don’t want to be liable for any accidents that the contractor or his employees have while working. Your homeowners insurance may not pay, or they may raise your rates if this happens.

US Consumer Product Safety Commission reports that injuries and death caused by snow removal cost over $1 billion per year. Injuries to pedestrians due to slips and falls on ice and sleet are commonplace. Property owners that do not take adequate care to control slippery conditions face unnecessary liability.

What constitutes adequate care? Hiring a professional snow removal company to plow and control ice is a good place to start.  Snowstorms don’t happen at convenient hours – reliable snow removal companies are prepared to remove snow at any hour. Snow removal experts use techniques to minimize risk of injury and property damage. A dependable Snow Removal Contractor has the proper equipment and skills to remove snow and de-ice.  Snow plowing and anti-icing experts are knowledgeable about the best products available.

Fixed prices are often available to cover the winter season – depending on the agreement, extra charges may apply at certain breakpoints, i.e. in the case of a particularly heavy storm or if there are more storms in a season than what is priced in the contract. De-icing, as it requires use of chemical product in addition to labor, is typically charged on a per job basis.

De-icing is an important aspect of liability mitigation. Any agreement for ice control should spell out what chemical is to be used. Although Rock Salt is most common because it appears  to be the cheapest option, it is very corrosive to concrete and rebar and it can be quite harmful to lawns and plants. When considering the big picture, Magnesium Chloride could save money – it’s less corrosive and less harmful to vegetation. If the is no landscaping to be damaged but concrete is present, Urea can be a good choice.

Workers Compensation for snow removal workers is expensive. Professional snow removal contractors buy specialized insurance policies to cover various liabilities associated with snow removal. Make sure your contractor is fully insured – you don’t want to be liable.

What do you need to consider when hiring a snow removal company? You need to know what is included in the estimate. In the case of a fixed price for the season, the contracgt needs to explicitly lay out extra charges in the case of unusually heavy storms. The agreement also needs to explain how the snowfall will be measured. When comparing prices, you need to know whether or not pricing includes cost of salt and sand. Will the contractor remove snow during snowfall or only afterward? How quickly will the contractor begin work? Are sidewalks included?

 Contracts can also be structured for charge per storm or charge per plowing. Regardless, what is most important is that the agreement calls for snow removal to take place quickly when needed. Timliness and appropriateness of response in extremely important – protect your property’s inhabitants and your liability.

 Check referrals. Make sure to address all issues in a contract. Otherwise, calling to have snow removed during a storm is like looking for a taxi during a rainstorm. Many states and some municipalities and counties require license.

If you want to check snow conditions, many states show snow conditions at important roads and intersections with live traffic cams – cool stuff!

Check snow and ice conditions with New Jersey live traffic cam.  

Check snow conditions with Maryland live traffic cam

Check snow conditions with Delaware live traffic cam.

Check snow conditions with Washington live traffic cam.

Washington Metropolitan Chapter Community Associations Institute’s WMCCAI Conference and Expo is March 12, 2011 at Exhibit Hall C, 801 Mount Vernon Place, NW, DC, 20001. The Expo is the largest community association event in the Washington, D.C. area. The Conference will feature 15 seminars. Over 190 vendors and organizations will be be on the trade show floor.

Network with more than 1,500 community association professionals and volunteer leaders.WMCCAI serves 20 cities/counties in Maryland, Virginia and the DC. Members include managers and residents of condominium, cooperative and homeowner associations and service providers. The Washington Metropolitan chapter has approximately 2,700 members including nearly 300 businesses, 750 professional managers from 100 management companies and over 1,500 homeowners. All told, this amounts to management of 260,000 condominiums, houses and cooperative units in community associations . WMCCAI is the largest of the nation’s 60 CAI chapters. National CAI represents America’s 274,000 common interest communities, managers, related professionals and business partners.

Premier Partners:

C and C Complete Services LLC

Capitol Boiler Works Inc

Volunteers:

ServiceMaster of Alexandria, VA, Ft. Washington, MD, and Washington, DC

Thumb Drive

Nagle and Zaller P.C.

You Are Here Maps:

McFall & Berry Landscape Management Inc.

RiteTech LLC

Security & Energy Technologies Corporation/SETEC

Shenandoah Landscape Services Inc.

Aisle Signs:

Reston Painting & Contracting Inc.

Ted Ross Consulting LLC

Education Sessions:

Reston Painting & Contracting Inc.

USI Insurance Services LLC

If you are a Community Association Volunteer, Board Member, Licensed CAM or a Community Association Company in Central Florida, attend CAI MidFlorida 2011 Trade Show on February 24. Learn and network at Hilton Orlando, 6001 Destination Parkway, Orlando FL 32819, near I Drive and Beeline.

The tradeshow floor featuring 100 Vendor tables will be open from 4:00pm - 7:00pm. Classes for Managers and Community Volunteers include:

  • 2 Hour Class – Dealing with Difficult People – Earn Continuing Education Credit (CEU)
  • 1 Hour Legal Panel Q&A Session - Collections, Law Changes, Covenant Enforcement, etc.
  • 1 Hour Seminar about Florida Friendly Landscape

Have Fun while you learn and network:

  • Door Prizes from Vendors!
  • Special Prizes for Community Association Board Members!

CAI is the most widely respected non-profit organization serving community association management professionals as well as condominium associations and HOA’s. National CAI serves associations and management via its 69 chapters throughout the nation. Florida alone has eight CAI chapters.

If you are booking a room (s) please contact the following reservations line: 1-888-488-3509 and give them the booking code “CAI”. It is very imperative that you use ONLY this phone number and code to book the rooms so that they will get the honored $129, plus tax room rate. You will need to leave a credit card at the time of booking as a guarantee and can pay for the room once they check in the hotel.

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