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APril 2016 | voluMe 20 | nuMber 1

CondoLifestyles

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THE SOURCE FOR INFORMATION ON COMMUNITY ASSOCIATIONS, CONDOS, TOWNHOMES, CO-OPS & HOAS

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A S S O C I AT I O N B O A R D S A N D M A N A G E M E N T:

Making A Perfect Fit FEATURES...

COMPARING ILLINOIS & FLORIDA COMMUNITY ASSOCIATIONS

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table of contents

MAKE SURE YOUR COMMUNITY

RUNS SMOOTHLY.

COVER STORY

03 Association Boards and Management: Making A Perfect Fit By Pamela Dittmer McKuen

Tom Engblom CMCA, AMS, PCAM VP, Regional Account Executive 312-209-2623 Toll Free 866-800-4656, ext. 7498 tom.engblom@mutualofomahabank.com

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08 Comparing Illinois and Florida Community Associations By Pamela Dittmer McKuen

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12 WATERSOUND ORIGINS: A New Coastal Lifestyle in Northwest Florida 10 Community Associations Across America M A N A G E M E N T TA L K S

13 Condo Association Capital Projects Made Easy – 6 Simple Steps By Salvatore Sciacca L E G A L U P D AT E

15 Leasing Restrictions Via Board Rules May Now Be Invalid By: Howard S. Dakoff, Esq. and Nicholas P. Bartzen, Esq. 17 Industry Happenings Compiled by Michael C. Davids & Sherri Iandolo 20 From the Editor 21 Directory Advertisements 28 Industry Happenings 29 IREM Premier Awards M A N A G E M E N T TA L K S

30 Creating a Positive Relationship Between Management & Board of Directors By Gail Filkowski EVENT HIGHLIGHTS

35 MCD Pool Party featuring Condolympics BOARD BASICS

36 Essentials of Specifications, Bids & Contracts By David Mack

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COVER STORy

by Pamela Dittmer McKuen

Association boards And Management:

Making A Perfect Fit Talk about enduring relationships. Thirty-seven years is how long PSI Property Specialists Inc. has been managing one large community association in the Northwest suburbs. On top of that, the board is made up of 11 members, and they are assisted by numerous committees. That’s a lot of homeowners to keep happy.

T

he client pre-dates me,” says president and chief executive officer Cathy ryan, who joined the rolling Meadows-based company in 1983 and later bought it. Tom Skweres, regional vice president at ACM Community Management in Downers Grove, has personally and satisfactorily managed several associations for between 7 and 12 years. The relationships ended only when he

moved on to different career positions. How does that kind of longevity happen? especially today, when many associations jump from one management company to another, sometimes every year. Here’s what ryan and Skweres said of their long-term clients: “They appreciate our experience in the industry,” ryan says. “They take our advice. We also encourage them to think outside the box. We guide them to think of other ways of doing

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things that are more efficient or cost-effective. We also encourage them to conduct their meetings like a municipality. They follow robert’s rules of order, and they have timed homeowners forum, so they aren’t there forever.” “The board is professional,” Skweres says. “They understand their role, and they understand the role of the management company. They are realistic in their expectations, so they don’t call on Friday and want four landscaping proposals on Monday. Their meetings are to get business done and not to become a social hour. i had a couple of boards like that where i enjoyed going to their meetings.”

Managing The Disconnect Frequent management changes are detri-

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mental to both associations and managers. They dilute the leadership of the associations, and they exasperate and deflate the management team. ultimately, discouraged managers leave the profession and prospective managers decide the job isn’t for them. That’s not a good trend for an industry already in dire need of talent. if the management crisis continues,

associations will either pay far higher management fees or be forced to settle for lesser service. The scenario is concerning to lou lutz, chief operating officer and executive vice president at First Community Management in Chicago, who has studied the conflicts. “i think we do an awesome job,” he says.

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“We really work hard (referring to a room filled with a group of property managers), and all of us try to satisfy clients all the time. i’ve probably taught 600 managers, and i’ve never found anyone not trying to do a good job. So why is there more turnover in management companies than might be in reserve study providers or attorneys? i think if there is one reason, it is a disconnect between the expectations of the client—the board of directors— and the service the management company believes they are contracted to provide.” lutz believes the key to a satisfying board-manager relationship is for both sides to detail all expectations and costs before the contract is signed. He created the eXAM (expectations of Association Manager) Guide, a spreadsheet that lists 265 different services an association might desire from a manager. When used effectively, it will remind boards of services they wanted but hadn’t discussed and inform them of others they didn’t know were available. it will help them define and clarify their expectations in a management agreement.

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COVER STORy

Among the services listed in the eXAM Guide are accounting, supervise collection process, manage evictions, make court appearances, attend board meetings, run social events, conduct property inspections and walk dogs. Additional column headings are “offered,” “not offered,” “included in base Contract at no Charge” and “included in base Contract with Charge.” There is also space for board members to make notes. “i suspect most boards think we do no more than 10 or 20 different things,” lutz says. “if i were asked by a board how to do the best job hiring a management company, i would suggest they start by throwing away the canned rFP and create one with the actual services they want provided. Then, during the final interview, you can be very clear about what your expectations are.”

Myriad of Management Choices For boards, finding management companies to interview is the easy part. There are many to choose from. They all have strong points and advantages. Some are very large,

and a few are national brands. others are smaller or mid-sized. Some have greater expertise in certain types of properties such as high-rises or vintage properties or sprawling suburban complexes. Some companies tout their state-of-the-art technology or their involvement in legislative affairs. others are partnered with various contractors and

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service providers. boards must do due diligence in researching the company histories, interviewing the management team, asking pointed questions, understanding fee structures, and communicating needs and expectations. each of the professional operations can be a perfect fit as long as managers and boards work

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Boards must do due diligence in researching the company histories, interviewing the management team, asking pointed questions, understanding fee structures, and communicating needs and expectations. each of the professional operations can be a perfect fit as long as managers and boards work toward the same goals as a team. toward the same goals as a team. Comparing apples and apples when interviewing management providers, especially when it comes to understanding pricing, says Mark Durakovic, principal and vice president at Kass Management Services. Kass is a locally owned and operated firm based in Chicago.

“Always try to meet and listen to two to four management companies,” advises Durakovic. “Ask what additional costs are charged in excess of the management fee. Then ask how those costs are broken down explicitly whether they are charged to the unit owner or to the association as a whole. That is the number one question that doesn’t get

asked as often as some might believe.” The biggest determinant of pricing is the level of service your association wants and is willing to pay for, says Joey Carona, president and chief executive officer at Associa. The Dallas-based company, which bought vanguard Community Management in 2003 and then bought legum & norman Mid-West in

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COVER STORy

2008. They became Associa Chicagoland in 2015 and serve Chicago and the surounding suburbs from their three offices in Chicago, Schaumburg and Plainfield. Associa serves associations in 30 states, Canada, Mexico, Dubai and South Africa. “Some communities need only a monthly financial packet sent electronically and for us to come once a year to take minutes at meetings,” Carona says. “others need valet parkers and PGA golf pros. Pricing is different depending on how much you want us to engage in the community.” “value for one client may be different from another,” says Chuck Fallon, chief executive officer at FirstService residential. “if, for you, value is having someone at your doorstep in two hours, we can do that. This is the cost. Some people will say, ‘i don’t need that.’” FirstService residential, headquartered in Dania beach, Fla., serves associations in 21 states and Canada. When pitching to prospective clients, ryan gives an electronic slide presentation using photographs depicting her PSi services and current clients. She believes the visual impact is stronger than handing out 30 pages of printed marketing material. And she always invites prospects to visit the PSi offices. “We want people to see we are who we say we are,” she says. After narrowing their choices, boards must then negotiate a meaningful contract, prepared by an attorney, that itemizes everything management is expected to do, lutz says. “Without the benchmarks, there is the expectation that we do every possible thing, and if we don’t, we aren’t living up to our contracts,” he says.

be 60 pages long. All those numbers are intimidating. i’ll show them the most important seven pages for the month and how in five minutes they can review them and have an understanding of the financial position of the association. That takes the scariness out of it.” Skweres advocates for clear and frequent two-way communication. “on the management side, we need to tell boards if we are getting conflicting instructions,” he says. “We need to bring to

Building Partnerships At PSi, ryan runs quarterly training sessions for all her board members. She invites them to the PSi headquarters and serves simple refreshments. Topics covered include what to expect from the management company, board roles, how to read financials, importance of reserve studies and more. She also urges them to attend programs and seminars sponsored by the illinois Chapter of the Community Associations institute. “Training gets everyone dialed in on the same page, especially new board members,” she says. “For example, financial reports can

their attention, ‘last week you told us this, and now you are telling us that. Tell us what you want before you get mad that we’re not doing the right thing.’” When conflicts arise, boards and managers should sit down and talk out the situation, and parties should be given the opportunity to make corrections. but if the relationship is truly broken, “Don’t make it personal,” Skweres says. “Keep it professional, and move on.” Y

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CONDO LIFESTyLES

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CONDO LIFESTyLES

by Pamela Dittmer McKuen

Comparing Illinois and Florida Community Associations Community associations proliferate in some parts of the country but not in others. Two states with the highest numbers of CA’s are Illinois and Florida. Illinois ranks fourth, with an estimated 3 million residents in 18,250 associations. Florida is first, with an estimated 7.9 residents in 47,100 associations. In between are California and Texas. * (See footnote.)

B

ecause Florida has been a significant pioneer in the world of community associations, its legislation and practices have become models for other states, including Illinois. There is another connection as well: In recent years, quite a number of Illinois industry professionals have relocated to the “Sunshine State” either full- or part-time. Some are practicing their professions there, and others are commuting via the snowbird route. We talked to several to get their perspectives on how community associations in Illinois and Florida are

similar, how they are different and which are better.

More Regulation in Florida “Florida is much more regulatory,” said association attorney John Voorn at Hiskes Dillner O’Donnell Marovich & Lapp Ltd. in Orland Park. “Their condo act is lengthier and more detailed, and there is an entire administrative agency devoted almost entirely to condominiums and their issues.” Voorn owns a condominium in a 98-unit association in Daytona Beach Shores and serves on its

board. “Florida’s condo act is more straight-forward and, in some areas, more detailed,” said retired association attorney Jordan Shifrin of Kovitz Shifrin Nesbit in Mundelein and Chicago, who now lives in Sarasota, Florida. “The Illinois Condo Act is full of piece-meal amendments and goofy rules. In some places, like the insurance section, it’s nearly indecipherable. It’s almost like we need a court interpretation every time there is a dispute.”

Mandatory Certification of Board Members One striking legislative difference is mandatory certification of Florida board members at both condominiums and homeowner associations. Newly elected or appointed board members must satisfactorily complete an approved educational course. As an alternative, they must certify in writing they have

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read the association’s governing documents and will faithfully execute their fiduciary duty to the association. Those who don’t comply are suspended from board service until they do. “That’s one of the best things,” said Christine Evans, regional vice president at Associa in Sarasota. “Managers aren’t constantly trying to educate new board members. The basic education is already done.” Evans was a long-time manager and officer at Vanguard Community Management, now Associa Chicagoland. She vacationed in Florida for many years before making a permanent move in 2013. Community association managers must be licensed in both Illinois and Florida. Floridians must complete an 18-hour license course and pass an examination. Management firms also must be licensed. “A lot of Florida’s training of managers is about capital reserve accounts and making sure everything is above board with reserves,” said Evans. “Managers also seem to be really well versed in what the law says about notices and meetings.”

The Ombudsman Cometh Illinois passed legislation to create an ombudsman’s office that will be up and running on July 1, 2018. Whether that will actually happen

or not, considering the state’s budget crisis, remains to be seen. Florida has had a condominium ombudsman for a decade. Under the Florida Department of Business and Professional Regulation is the Division of Florida Condominiums, Timeshares and Mobile Homes. Within the Division is the office of the Condominium Ombudsman, Bruce A. Campbell. The ombudsman’s mission is to improve the quality of life for Florida condominium owners through prompt, professional and courteous service as a neutral, informative and accessible resource. The powers and duties of the ombudsman include: investigate complaints; provide dispute resolution and election monitoring; review and approve condominium and cooperative documents; publish educational brochures; hold educational seminars; host an informational website; maintain a toll-free assistance telephone line; and recommend legislation.

Photo Credit: Modus Photography

S P E C I A L F E AT U R E

To support these services, condominiums and cooperatives pay an annual fee of $4 per resident to the Division.

Condos Vs HOA’s Another point of interest is the relationship between condos and homeowner associations. In Illinois, legislative moves have attempted to treat them similarly, if not equally. The Common Interest Community Association Act, for example, is a near mirror of the Illinois Condominium Property Act. In Florida, the two entities are not only legislatively separate, but the Division serves them differently. It has the power to arbitrate HOA disputes

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CONDO LIFESTyLES

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CommunityAssociations in America The number of community associations in the United States grew from 10,000 in 1970 and 222,500 in 2000 to an estimated 338,000 as of May of 2015, according to report published by Community Association Institute (CAI).

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n estimated 66.7 million Americans—20.7 percent of the U.S. population in 2014—lived in common-interest communities, including homeowners associations, condominium communities and cooperatives, according to CAI’s National and State Statistical Review for 2014. Homeowners associations account for 51 to 55 percent of the 333,600 associations, with condominiums representing 42 to 45 percent and cooperatives 3 to 4 percent.States with the most associations are Florida (47,100), California (43,300), Texas (19,400) and Illinois (18,150). Illinois has an estimated 3 million residents living in community associations. "Community associations are an increasingly vital segment of the U.S. housing market—and are increasingly desired by smart homebuyers," says CAI Chief Executive Officer Thomas M. Skiba, CAE. "Not only do they provide options, alternatives, facilities and amenities that most Americans could not otherwise enjoy, they protect property values by preserving the nature and character of the communities." According to CAI, national surveys have repeatedly shown that overwhelming majorities of residents in associations are satisfied in their communities.

Other 2014 national data: • The estimated value of homes in associations is $4.95 trillion. • Associations collect an estimated $70 billion in assessments from their homeowners. Assessments fund association services, such as professional management, utilities and maintenance, and a wide variety of amenities, including pools, club houses and social events. • About $22 billion of assessment dollars are contributed to association reserve funds for the repair, replacement and enhancement of common property.

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• An estimated 30 to 40 percent of associations are self-managed, meaning they do not employ a community manager or management company. • An estimated 50,000 to 55,000 community managers are providing professional services to associations. Many of them, commonly called portfolio managers, provide support to multiple associations. • An estimated 2.3 million Americans serve on community association boards and committees at any one time. They perform an estimated 78 million hours of service annually; the value of their volunteer time is estimated at $1.6 billion.

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S P E C I A L F E AT U R E

regarding elections and recalls, but it does not have the authority to investigate complaints as it does with condos. HOAs must register their existence with the Division, but they pay no annual fees. “Some argue for regulation of HOAs. Others argue for deregulation of condominiums,” wrote attorney Joseph Adams of Becker & Poliakoff in the firm’s “Florida Condo & HOA Law Blog” in November.

Infractions or Misunderstandings? Evans has mixed feelings about the ombudsman: “It has good and bad points. It’s good that someone is watching over this stuff, but I would expect Illinois might have a similar issue in that the complaints brought forward are not really serious infractions of any kind. Most of them are owner misunderstandings of a situation. They are usually about owners being upset about something not fixed, not fixed fast enough, not fixed properly, or they think too much money was spent on something. I think the whole ombudsman thing is well-intended. I just don’t know that it serves a great purpose other than to keep people on their toes because they know there is someone to go to. But it is a big expense for something that doesn’t turn out to be very substantial.” “The concept is a good one, but how it is implemented could be the challenge,” said Voorn. “It depends on what those powers are. I can’t envision an Illinois ombudsman getting involved in all these disputes that show up. It would have to be a good-sized bureaucracy with sufficient staffing. If it is involved in educating board members, I’m in favor of that.”

unlimited use of the amenities, which include a heated outdoor swimming pool, golf course, fitness center, café, Lake Powell dock access and a 5mile nature trail. Quarterly assessments, which include lawn and landscaping, are $475. An upgraded Golf Membership entitles owners to unlimited golf at four area golf courses. It also includes access to the Beach Club at Watersound, a country club-like environment with pool, deck, locker rooms, bar and restaurant, marina, tennis courts and private beach access. The cost is $30,000 initiation fee and $575 monthly dues.

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Forcible Entry & Detainer When owners don’t pay, Florida, unlike Illinois, has no forcible entry and detainer act to facilitate the collection of delinquent assessments, said Shifrin. “The forcible entry and detainer act is the most effective remedy in the country,” he said. “In Florida, they have to do foreclosures, but if they do that, the association has to be prepared to buy the property. A lot of associations don’t bother to

Assessments and Delinquincies Many Florida associations have neighborhood associations in addition to a master association. “The master associations most of the time take care of the streets and landscaping,” said Shifrin. “The neighborhoods have all different kinds of maintenance responsibility and services, but they all have very tough architectural controls. Some will even cover cable TV and grass-cutting.” Large, resort-like associations typically offer recreational memberships in addition to assessing monthly or quarterly dues. For example, we look at Watersound Origins, a new single-family community with resort-style amenities along Northwest Florida’s Emerald Coast. Under development by the St. Joe Company, Watersound Origins is governed by a homeowner association, currently under developer control and managed by FirstService Residential. Ultimately, 1,300 homes will be built. The second phase of 100 homes is currently being marketed with prices starting at $439,900. All owners are automatically enrolled in the Watersound Membership, which entitles them to

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by Pamela Dittmer McKuen

WAT ER SOUN D O RIG INS:

A New Coastal Lifestyle in Northwest Florida

Photo credit: Modus Photography

Watersound Origins is a new residential community offering year-round, resortstyle living on Northwest Florida’s renowned Emerald Coast. Single-family homes are nestled amid 1,400 acres of natural beauty and crowned by towering slash pines. Bordering this serenity is Lake Powell, a rare and ecologically significant coastal dune lake that invites boating, kayaking and paddle boarding.

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ll streets lead to Village Commons, where the conviviality begins. Among the myriad amenities here are heated zero-entry pool and deck, fitness center, café, playground, community garden and a 5-mile nature trail. The 5-hole regulation golf course, designed by David Love II, alternatively plays as a 10-hole, par 3 layout using alternate tee boxes and auxiliary greens. Developed by the St. Joe Company, Watersound Origins will comprise 1,300 homes when ultimately finished. The second phase of about 100 homes is now open. More than a dozen one- and two-story floor plans are available from St. Joe’s chosen builders, Huff Homes and Romair Homes. The exterior architecture is a stylized version of the iconic coastal single home, and every home backs up to a natural landscape. Watersound Origins homes range in size from 1,750 square feet to more than 2,500 square feet. They are designed with three to four bedrooms and from 2 to 4.5 baths. Prices start at $439,900. About 75 percent of buyers are residing in their homes full-time. About 25 percent are buying for vacation use, although they may move in permanently after retirement, said sales director John Stevenson. “We find the biggest number of buyers know the area,” said marketing manager Lanier Motes. “They have vacationed here.” “Lifestyle is what makes us different,” said Stevenson. “you can escape the traffic but have all the amenities of a resort. And as a community where people live and without a constantly changing population, you can build relationships here.” Watersound Origins is enveloped in tranquility, but the excitement of renowned Highway 30A is close at hand. Along the corridor are the pristine South Walton beaches and the boutiques, galleries, spas and eateries. And the community is an easy 20-minute drive from the new Northwest Florida Beaches International Airport. For more information: visit www.watersound.com.

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pursue collections because it’s not worth the time and money. Or they sit with a lien and hope someday the property sells.” “People here are always astounded when I tell them (forcible entry and detainer) is allowed in Illinois,” said Evans. “It’s ugly, and it’s sad, but there’s no motivation to pay up better than you might lose your home.”

People Will be People Regardless of where we live, many association issues are the same or similar. Evans notes Floridian board members often are retired, and they may have corporate backgrounds. They tend to have plenty of time and expertise to commit to board duties. At the same time, some will attempt to manage the management companies as well. “They seem to take their responsibilities more seriously than boards I’ve encountered in Illinois,” she said. “That can be good or bad. Illinois board members tend to be working people, and they have limited time.” Managers are particularly challenged when the snowbirds return in November. They see the property with fresh eyes, and they come up with long lists of tasks that haven’t been completed during their absences. “Up North, you’ve got Spring, and that’s when it starts,” she said. “People get worked up about what’s not being done with the landscaping before there’s even a chance the last snowfall has happened, and the damage from the plows. No matter where you are, there are trigger points.” At Voorn’s Florida association, a current board debate is whether damage caused by a leak in the sprinkler system, which occurred while the owner was out of town, should be covered by the association. Perhaps it should. Voorn believes the sprinkler system may be a common element because it serves the entire building. “It’s different from someone’s washer overflowed or toilet leaked and flooded a bunch of units,” he said.

Stay tuned. “In condominium living, there is always tension between the association and the owners,” he said. “Our annual meeting is coming up and of course no one wants to run for the board. Fortunately, the existing board members agreed to stay on. We’re dealing with issues of owners wanting to inspect and examine records, and we are dealing with water leaks and whose responsibility they are— just like we do here in Illinois.” Y * (Footnote: Statistics are from the Community Associations Institute’s “National and State Statistical Review for 2014, developed by Clifford J. Treese, president at Association Data Inc. in Mountain House, California and a past CAI president.)

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M A N A G E M E N T TA L K S

by Salvatore Sciacca - Chicago Property Services

Condo Association Capital Projects Made Easy – 6 Simple Steps As a board of directors for a condo association, townhome association, or HOA, one of your biggest responsibilities is to ensure capital projects are properly funded and implemented. Unfortunately, this is an area that tends to create some of the most challenging problems for associations – especially since capital projects involve large amounts of money.  The problems that typically arise around capital projects include but are not limited to the following: » insuficient capital planning and reserves, which creates the need for a special assessment and usually results in angry homeowners and increased homeowner stress levels » lack of a bid specification or scope of work, which creates confusion when soliciting bids, comparing bids, and selecting an appropriate vendor. » Hiring of an under qualified vendor in order to “SAve” money, which often

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backfires and ends up costing the association MuCH more money. » Poor or lack of oversight by the board, whether it’s micromanaging or taking a “hands off ” approach. » Fear of pulling the trigger on raising assessments and taking action, which results in “kicking the can” down the road until the capital project is an eMerGenCY (and therefore usually much more expensive).

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» no clear identification of a project manager who will oversee the day to day project repairs, creating confusion within the community, delays in project completion, and a much higher chance of costly mistakes. » Fiscal irresponsibility; board and/or management approving final payment before a quality control check and/or a punch list remediation phase is completed. As a result of these typical capital planning problems that can plague community associations, i have decided to share 6 simple steps that will GuArAnTee a smooth and successful capital project implementation each and every time. 1. Capital Planning. One of the most important steps that an association should take is to properly fund the capital reserve account.  In order to

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do so, the board must take the time to plan ahead. One way to do this is to pay for a reserve study, which is the recommended approach.  In the absence of a reserve study, there should be at minimum, some sort of basic 5 year capital plan that the board or property management can put together.  In addition, at the budget approval meeting, the capital plan for the following calendar year should be discussed.  The board should determine ahead of time if the capital projects are going to be “fully funded,” “partially funded,” or “underfunded.”  This determination will help the board decide the proper assessment levels when passing the annual budget. 2. Bid Specification Creation.  Once the capital plan is approved and the funds are in place, the board should start the bid specification creation process.  This is a vital process, as it identifies the scope of work.  Only once the exact scope of work is identified does it makes sense to start the solicitation of bids.  The person creating the bid specification should be qualified and have the knowledge and understanding of the project requirements. 3. Bid Solicitation, Analysis, and Comparison.  Once the scope of work is identified and the board signs off on it, the bid solicitation phase should begin.  The key part in this step is to ensure that only QUALIFIED vendors are

asked to bid on the scope of work. Assuming only qualified vendors are asked to bid and the bid specification is fairly detailed, the bids should all fall within a fairly close range of costs. 4. Vendor Selection.  Once the bids are submitted by the vendors, the bids should be compared and entered into similar formats to allow the board of directors to perform a comparative analysis.  This is essential in order to make a good decision, especially since capital projects involve larger amounts of money.  The board may even elect to invite the vendors who are considered finalists to attend an upcoming board meeting, especially if the project is larger in scale and scope. 5. Project Oversight.  Once the vendor is selected, the project enters into the execution and implementation phase.  During this phase, communication with the homeowners is CRITICAL.  Communication is important before the project starts, during the entire project, and at the end of the project to ensure that all homeowners are given an opportunity to provide feedback. This is especially important if work was done within a homeowner’s space, such as window replacements.  In addition, it is important to have clarity on who the project manager (PM) is during this phase.  The project manager should meet with the vendor before work starts, while the project

is underway, and also at the end to resolve any loose ends. 6. Punch List Resolution and Final Payment. This end phase is actually one of the most important phases in the entire process.  This is the phase where all loose ends are addressed.  The key is to have the project manager walk around the property and/or around the project site, and review the scope of work in reference to the work that has been completed.  In actuality, the project manager should have been monitoring the project all along to ensure that the project was done in accordance to acceptable building construction practices, but associations don’t always have the funds to hire an architect to watch and monitor a project.  Once the project manager checks out the workmanship, a punch list is developed that documents any remaining issues that the vendor needs to address before final payment (typically 10% to 20% of the overall project cost) is released.

SUMMARY Capital projects are expensive so it only makes sense to handle them in the best way possible. by following these 6 key steps, you are certain to complete each and every capital project successfully and headache free. Y

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L E G A L U P D AT E

by Howard S. Dakoff, Esq. – Levenfeld Pearlstein, LLC and Nicholas P. Bartzen, Esq. – Levenfeld Pearlstein, LLC

Leasing Restrictions Via Board Rules May Now Be Invalid How a case called Stobe has Created Chaos for Associations

O

n February 3, 2016, the Illinois Appellate Court published its ruling in a case called Stobe v. 842-848 West Bradley Place Condominium Association1 that a condominium board may not adopt a rule or regulation restricting leasing of units that are inconsistent with a declaration that contains language recognizing a unit owner’s right to lease. For associations that have leasing restrictions via rules and regulations in such situations, the leasing restrictions are no longer enforceable. In the Stobe case, the board adopted a rule limiting leasing to 30% of the units. The plaintiff unit owners brought a declaratory lawsuit seeking a court ruling as to whether the board had the authority to restrict leasing to 30% of units when the declaration specifically provides unit owners

the right to lease and there is no such restriction. In both the Stobe trial court and the appellate court, each court held that leasing restrictions inconsistent with the declaration regarding the right to lease must be adopted via a declaration amendment since the declaration allows leasing. Declaration amendments require unit owner approval (and mortgagee approval, if required) rather than a rule or regulation which only requires board approval. The Stobe decision has thrown into disarray leasing restrictions adopted via rules and regulations of many associations that had previously made the business decision to adopt leasing restrictions via rule rather than through a declaration amendment process. The question now becomes: what is a board to do if it adopted leasing restric-

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tions via rule and the association still wishes to enforce is long standing leasing restrictions?

Leasing Restrictions via Rules It is a maxim of law that a board of directors has the right pursuant to the Illinois Condominium Property Act and its declaration and by-laws to adopt rules and regulations to govern the matters of an association. As more condominium owners have sought to lease their units, especially with the advent of short-term rental websites such as Airbnb.com or VRBO.com, many boards decided, in the interest of controlling leasing, to limit leasing by adopting leasing rules. Historically, while the preferred practice for leasing restrictions was a declaration amendment, many associations broadly interpreted the holding

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and dicta (which is language by the Court that is considered authoritative, but non-binding) in Apple II Condominium Assn. v. Worth Bank & Trust Co.2 for the proposition that it could adopt leasing restrictions via rules and regulations. The advantage of adopting leasing restrictions via rule is that such leasing rules could be adopted with a board vote only (i.e. no unit ownership approval required), unlike declaration amendments, by contrast, which require unit owner approval and in many cases, mortgagee approval if the declaration requires mortgagee approval. The disadvantage was such rules ran the risk of said rules being subject to challenge by a unit owner or to judicial review for reasonableness or modified by a future board of directors. The Stobe court has held that where a declaration provides unit owners the right to lease their units, the board may not adopt leasing restrictions that modify the right to lease in any manner. The court expressly stated: “Because the declaration has spoken on the matter of leasing, any augmentation or diminution of plaintiffs’ (i.e., the unit owners) right to lease their unit must be accomplished through an amendment to the declaration, not a rule promulgated by the board.”3 Accordingly, associations are now on notice that if its board adopted leasing

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rules that either augmented or diminished a unit owner’s right to lease where that right is provided in the declaration, that rule will be held invalid per the Stobe decision.

Leasing Restrictions via Declaration Amendment Remain Valid Unlike leasing restrictions adopted via rules, leasing restrictions that were adopted by a declaration amendment with the requisite unit owner approval (and mortgagee approval if required) are not be affected by the Stobe decision or are such restrictions subject to judicial review for reasonableness like rules. While the process of a declaration amendment is much more onerous than that of simply enacting a rule, those associations that undertook the process to amend their declaration find themselves in safe waters when it comes to enforcing leasing restrictions.

What Now? The Stobe decision left open the possibility of leasing restrictions via rule if the declaration is either completely silent on the issue of leasing or if the declaration expressly states the board may adopt rules and regulations to effectuate the declaration leasing restrictions. It must be noted,

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however, that the language by which the Court left open the possibility of leasing restrictions via rule was simply dicta. Purely administrative rules, such as those requiring unit owners to provide copies of governing documents to lessees, unit owner requirements to provide copies of the lease to the board of directors, and requiring leasing administration fees or move-in/move-out fees, etc. will generally be upheld. However, if an association adopted leasing restrictions via rules where such rules are inconsistent with the declaration leasing provision in any manner, those rules are unenforceable postStobe, and to keep such leasing restrictions valid, the association will need to immediately embark on the process to adopt a declaration amendment to add leasing restrictions to the declaration. If a board chooses to embark on the process of a declaration amendment to validate any nowunenforceable leasing rules, the rescission of the unenforceable rules should be accomplished in conjunction with the adoption of a declaration amendment in consultation with the association’s legal counsel. Y 1 2 3

2016 il App (1st) 141427. 277 ill.App.3d 345, 659 n.e.2d 93, (1st Dist. 1995). id. at 9.

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INDUSTRy HAPPENINGS

industry happenings

FirstService Residential

Jessica Peterson joined FirstService Residential as the Director of People Development and Operations in February 2016. In her new role, Jessica will coordinate and lead the training initiatives to grow and develop our associates to provide exceptional, comprehensive management services to our clients. In her operational role, Jessica is responsible for on-boarding new clients, recommending and facilitating operational changes, and coordinating client communication and training programs.   Prior to joining FirstService Residential, Jessica supervised a portfolio comprised of ten to twelve downtown Chicago condominium associations, consisting of 1,700-2,100 units, with a diverse mixture of property types including lofts, vintage properties and newer developments for the past seven years.  In her earlier ca-

Keough & Moody, P.C.

reer, Jessica worked in the banking industry, earning numerous promotions for extraordinary sales management and leadership performance. Her extensive financial background provides Jessica with an expertise in budgeting, capital project planning and monthly financial oversight, which she utilizes to develop team training curriculum.

Keough & Moody is proud to announce that both Gabriella Comstock and Shannon Schwarzwalder will celebrate 20 years with Keough & Moody, P.C. in 2016. The two veterans will also celebrate 20 years of service to the community association industry in 2016. Both started with the firm in 1996 and since that time, they have concentrated their efforts in providing legal representation and support to community associations. Ms. Schwarzwalder is primarily responsible for management of the firm and staff and for maintaining all corporate formation/formalities for the firm’s clients.

According to FirstService Residential President Asa Sherwood, “In the property management industry today, the ability to train and develop staff is a critical competency towards being a successful management firm. Jessica not only brings 9 years of leadership experience in property management, but she holds a degree in Organizational Development and Leadership.  As an organization we will continue to look within to develop our future leaders.  There is no question that Jessica is the right person to take our already industry leading training platform to the next level.”

Keough & Moody, P.C. announced the addition of associate attorney, Therese Edmiston. Therese represents community associations in various transactional and litigation matters, including the collection of assessments. Immediately prior to joining the firm, Therese worked in civil legal aid in Chicago. She represented youth in special education matters and indigent individuals in expunging juvenile and criminal records. Therese’s other previous legal experience includes representing and advising the Illinois State Charter School Commission as well as school boards in Texas. Therese received her undergraduate degree from the University of Illinois in Champaign in 2007. After college she was a high school teacher in Texas. She received her J.D. from the University of Texas in Austin in 2013. During law school, Therese was on staff for the Texas Journal on Civil Liberties and Civil Rights and authored a law review article published in that same journal. Therese was admitted to practice law in the State of Illinois in 2013.

Please visit us at www.condolifestyles.net ... and view mcd event photos at Facebook/mcdmedia

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CONDO LIFESTyLES

industry happenings

MCD Golf & Bocce Outing

MCD Showcases the Races

ACM Community Management

American Community Management (ACM) recently opened a new office located in the Fulton Market district in Chicago. The new office will serve associations in Chicago managed by ACM as well as help ACM expand their community association management assignments in the city. ACM recently added a new role of Transition and Training Specialist, which is held by Becky Jachim. For the past two years she was ACM's Customer Care Team Lead and trainer. Becky will assist in the coordination of incorporating new business into the ACM family and training new employees.

The MCD Golf & Bocce Invitational will be held on July 15, at Eaglewood Resort in Itasca, IL. For more information visit www.condolifestyles.net. You can view photos from past years MCD Golf & Bocce outing events at Facebook.com/MCD Media.

ACTHA

The annual MCD Showcases the Races event will be held on August 25th at Arlington International Racecourse. For more information visit www.condolifestyles.net. You can view photos from past years MCD Golf & Bocce outing events at Facebook.com/MCD Media.

ACTHA held it's annual Spring conference on April 16th at Drury Lane in Oak Brook Terrace, IL. Topics covered included Reserve Studies, Board Member Roles, Leasing, Natural Landscaping, Legal Update and Ask a Professional. The group will hold their South Expo on September 24 in Tinley Park and their North Expo on October 15 in Northbrook. For more information please visit www.actha.org

Josette Jarvis recently joined the ACM team. With 20 years of accounting experience, 15 of which were working with condo law, she is a strong addition to the closing and accounting department for ACM. Josette also has paralegal experience which is helpful in her responsibilities of assisting in the collection of delinquent assessments. ACM is also proud to announce a new Property Manager, Cynthia Miller. Cynthia has been in the property management industry for 17 years, during which time she has been a property manager, assisted in the day to day operations of the previous company she worked for, and also was involved in a corporate and supervisory role.

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INDUSTRy HAPPENINGS

Diversey Harbor Lakeview Association

Twenty years ago, the Diversey Harbor Lakeview Association (“Diversey Harbor”) began as a half-mile wide neighborhood group centered between Fullerton and Diversey in Chicago. According to Executive Director Gene Fisher, “our strength has since steadily increased, and with the growth achieved in 2015, our coalition now includes the leadership of more than 30 high-rise residential complexes that are home to some 15,000 residents of Chicago’s north lakefront. As 2016 begins our third decade of service to our member building associations and our community, here is a sampling of the achievements that were realized in 2015.” + A strong supporter of Chicago’s Life Safety Ordinance, Diversey Harbor’s compliance has been verified by an official report that not one Diversey Harbor member was among the 95 residential buildings cited by the city for Life Safety violations. + Diversey Harbor’s sustained vigilance and helped defend our community against this year’s renewed attempts by special interests to revive legislation that was designed deny condo associations the fair recovery of their foreclosure-related expenses.

Community Specialists

Community Specialists (CS) recently made the following announcements: Steven Wilhelm is the new IS Assistant at the CS corporate offices. Steven is handling website updates and electronic statement sign-ups for all of the properties. River Plaza Homeowners Assoc has hired Jamie Sartin as their new Property Manager. Dave Szutenbach has re-joined Community Specialists as the manager for Burnham Park Plaza Association. Dave was formerly at 5100 Marine Drive C.A. John Matranga is the new Property Manager for The ParkShore C.A. John has worked for C.S. previously at another larger property. Alison Holtz has joined the New York Private Residences as their new Administrative Assistant. And finally, Mary K Smith has been promoted to Property Manager at One East Scott C.A. Mary K was formerly the part-time Assistant at 1111 S. Wabash. C.S. is saying farewell to Christine Friend, manager of the ParkShore, who is leaving her position as manager while she continues her duties as President of ABOMA. Also, Congratulations to Crystal Brown on the special honors she received from the Griffith Police Department for her role in assisting a resident who was rescued from a fire at her apartment complex.

+ Diversey Harbor supported Representative Feigenholtz’ successful efforts to correct the unacceptable original version of Illinois’ Ombudsman Bill into a much improved final version, shifting emphasis from needless controls to unit owner education, eliminating the tax on condo owners to fund a new bureaucracy, and establishing safeguards against unwarranted bureaucratic intrusions.

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industry happenings

04.16

Associa Chicagoland

Associa Chicagoland is proud to name Claudia Oberthier and Charissa Ziobro as its new regional managers. “These are new positions we’ve created for two of our exceptional community managers in order to showcase their leadership ability and add another level of support to the managers that work within the communities,” says Associa Chicagoland President Don Kekstadt. “Both Claudia and Charissa are natural leaders who have earned these promotions by consistently displaying unsurpassed service.” Oberthier has been in the management industry since 2008 as has worked for Associa Chicagoland as an onsite and portfolio manager. She has attained her Certified Manager of Community Association (CMCA), Association Management Specialist (AMS) and Professional Community Association Manager (PCAM) designations from Community Associations Institute (CAI). Ziobro is a 10 year veteran in the community management industry, most recently as a portfolio manager for Associa Chicagoland. She has managed everything from condos and townhomes, to HOAs and mid-rises. She has attained her CMCA designation from CAI.

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CONDO LIFESTyLES

From the Editor

T

he weather this spring has been like a roller coaster as tempera-

tures have gone up and down and even seemed to go upside

down a few times. Hopefully we are done with freezing tempera-

tures and snow until December and we can enjoy some seasonable temperatures.

CondoLifestyles

®

Y Mike Davids

Not only does fair weather generally help put people in a better state of mind, but we need favorable weather to perform exterior maintenance, repair, and restoration projects that community associations all over Chicagoland are ready to embark on. Our cover story on finding the right fit between an Association Board and their management continues

APril 2016 | voluMe 20 | nuMber 1

our industry discussion on the current state of professional property management for community associations. We asked several managers to provide comments and share their perspective on this topic. If you

editor & Publisher Michael C. Davids

would like to share your thoughts on this subject, please let us know. Our second story compares several key aspects of community management in Illinois versus those in

vice President Sherri Iandolo

Florida. We spoke with several industry leaders that have experience with community associations in both

Art Director Rick Dykhuis

sidebar articles: one that provides some interesting facts about community associations across the country

Special events Coordinator Mary Knoll Contributing Writers Pamela Dittmer McKuen, Jim Fizzell, David Mack, and Cathy Walker Circulation Arlene Wold Administration Cindy Jacob and Carol Iandolo Condo Lifestyles Magazine is published quarterly by MCD Media, a wholly owned subsidiary MCD Marketing Associates, inc. For editorial, advertising and subscription information contact: 935 Curtiss Street, Suite 1A, Downers Grove, il 60515. 630-932-5551 or 630-202-3006. Circulation: Condo Lifestyles is available for a single issue price of $8.95 or at a $30.00 annual subscription. Distribution is direct mailing and delivery direct through authorized distributors to over 5,000 officers and directors of Common interest Communities, 800 property managers, 400 realtors, 400 developers and 400 public officials. Total Circulation is 9,500.

states. This article reveals some interesting findings that we hope you will find useful. you’ll also find two and a second that provides a brief overview of one Florida community association. This edition also features an article in our Management Talks column that offers a discussion and suggestions on how to create a positive working relationship between management and a Board of Directors. A second article under our Management Talks column provides an outline of some simple steps to help your association(s) make capital improvement projects easier. Leasing of units within community associations continues to be a hotly contested topic. The seemingly unstoppable growth of Airbnb, VRBO and other short term leasing businesses has had a significant impact on many Chicago condo buildings. Many associations have dealt with this phenomenon by simply adopting new rules and regulations relating to short term leasing. A recent ruling by the Illinois Appellate court has created chaos for some buildings with the court’s finding that leasing restrictions via board rules are invalid if they are inconsistent with language in the associations’ governing documents (that provides for owners to lease their units). you’ll definitely want to check with your association’s attorney on this matter to determine if it impacts you. Our Board Basics column features some great insight on the essentials of specifications, bids and contracts. For those who are undertaking restoration, replacement, maintenance or any type of significant project that involves contracting products and/or services, this article should be particularly helpful. Inside this issue we again offer our regular Industry Happenings column and highlights from a variety of special events. A special thank you to everyone who attended our Condo Lifestyles’/Condolympics event on March 11th. This year’s event raised over $5300 in donations for Special Olympics Illinois. Upcoming MCD special events include our annual golf & bocce outing, which will be held on July 15 at

Condo Lifestyles attempts to provide its readership with a wide range of information on community associations, and when appropriate, differing opinions on community association issues. All material herein is copyrighted 2016. No part of the publication may be reproduced whatsoever without written consent from the publisher. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. it is issued with the understanding that the publisher is not engaged in rendering legal or accounting services. if legal advice is required, services should be sought. Advertisers assume liability for all content of advertisements printed, and also assume personal liability for any claims arising therefrom against the publisher relating to advertising content. The publisher and editors reserve the right to reject advertising or editorial deemed inappropriate for the publication.

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CONDO LIFESTyLES

Eaglewood Resort and a luncheon in the Million Room at Arlington International Racecourse on August 25. If your association(s) has a special need or challenge, there will be a variety of experts specializing in community association issues including many members of our advisory board who will attend these events. MCD special events provide a terrific forum for association leaders to get questions answered, meet new vendors, share a story idea, or socialize with other volunteers and professionals. Thanks to the many new subscribers that have found our publications useful and informative. Special thanks to the firms, associations and groups that are Authorized Distributors of Condo Lifestyles. Those of you who are not current subscribers can find subscription information at www.condolifestyles.net We encourage you to take this opportunity to make your association and your community all it can be. If you have an idea that would benefit other Community Associations, a success story to share, or some advice on how to avoid a problem or failure, please call our office at 630-932-5551. you can also send us an email (mdavids@condolifestyles.net). Y Michael C. Davids Editor and publisher

04.16

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SERVICE DIRECTORy

ACCOUNTANTS

ARCHITECTS/ENGINEERS

ATTORNEYS

CANTEY ASSOCIATES, CPA’S (630) 681-9400

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CONDO LIFESTyLES

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CONDO LIFESTyLES

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We resurface Concrete We remove & pour Concrete Waterproof Membranes Pool Decks • Balconies • Rooftops Shower & Locker Rooms “The Only 1 Stop Service since 1967” jake@sundekofillinois.com www.Sundek.com

www.djrcleaning.com Email: mcorliss@djrcleaning.com

DAKOTA EVANS RESTORATION, INC. (847) 439-5367 Tuckpointing ~ Masonry Repairs Waterproofing ~ Terra Cotta Repairs Caulking & Sealants ~ Structual Repairs Cleaning ~ Balcony Restoration Concrete Restoration www.dakotaevans.com

GOLF CONSTRUCTION (219) 933-3420

ELEVATORS/CONSULTANTS SMART ELEVATORS CO. (630) 544-6829 www.smartelevatorsco.com smartin@smartelevatorsco.com

www.golfconstruction.net

For Display or Professional Services Directory Advertising Info, Call (630) 202-3006 22

CONDO LIFESTyLES

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SERVICE DIRECTORy

ELEVATORS/CONSULTANTS SUBURBAN ELEVATOR CO. 847-743-6200

FIRE/FLOOD RESTORATION

FIRE SAFETY & PROTECTION

BROUWER BROS. STEAMATIC (708) 396-1444

NORTHERN ILLINOIS FIRE SPRINKLER ADVISORY BOARD (NIFSAB) (866) 2NIFSAB (866-264-3722)

All types of environmental cleaning. www.BrouwerBrothers.com

Simplifying Vertical Transportation Contact: Max Molinaro www.suburbanelevator.com

ENERGY USE/BENCHMARKING

708-403-4468 www.firesprinklerassoc.org

GENESIS CONSTRUCTION, INC. (847) 895-4422

FLOORING

www.genesisconstruction.com

WESTSIDE MECHANICAL GROUP (630) 618-0608 / (630) 369-6690

MR BAMBOO 1(888) 672-2628

RESPONSE TEAM1 (847) 891-2929

Serving the Tri-State Area Since 1970 Contact: Jackie Loftis * jloftis@wsmech.com www.wsmech.com

www.mrbambooflooring.com

www.responseteam1.com

GARBAGE CHUTE CLEANING

ENERGY SOLUTIONS

THE RESTORATION GROUP, LLC (630) 870-0658

BROUWER BROS. STEAMATIC (708) 396-1444

CENTERPOINT ENERGY SOLUTIONS (630) 795-2594

www.trgrestore.com

All types of environmental cleaning. www.BrouwerBrothers.com

Natural Gas & Electric Energy Reliable Service. People you Trust. Contact: Vickie Farina Vickie.Farina@centerpointenergy.com www.CenterPointEnergy.com/CES

OCEANS ENERGY (312) 870-0580 info@oceanscc.com www.oceanscc.com

FACILITY MAINTENANCE SP+ FACILITY MAINTENANCE 773-847-6942 Daily Cleaning Services / Power Sweeping and Washing Painting and General Repairs / Seasonal Services (Snow/Ice Removal) Parking Facility, Surface Lot, PedestrianPlaza, Large Venue or Commercial Retail Building.

Contact: Daniel W.Nicholson dnicholson@spplus.com www.spplus.com/FacilityMaintenance

FIRE SAFETY & PROTECTION

HVAC

CONTECH MSI CO. (847) 483-3803

ALTHOFF INDUSTRIES (312) 332-5700

Fire Detection & Signaling Systems Fire Alarm Systems Chicago Life Safety Evaluation Solutions Security Systems/CCTV Card Access Systems www.contechco.com

Mechanical - Plumbing - Electrical - Building Automation www.althoffind.com

EMCOR SERVICES TEAM MECHANICAL FIRE PROTECTION DIVISION (847) 229-7600 www.emcortmi.com

SIMPLEX GRINNELL (630) 948-1235

AMS MECHANICAL SYSTEMS, INC. (800) 794-5033 24 Hour Service HVAC • Industrial Refrigeration Service/Maintenance • Systems Integration Energy Management • Electrical Process Piping • Plumbing www.amsmechanicalsystems.com

EDWARDS ENGINEERING, INC. (847) 364-8100

Fire Alarm / Sprinkler Systems Fire Pumps / Extinguishers Fire Panel Monitoring Installation / Testing / Maintenance 24/7 Service: (630) 948-1200 www.simplexgrinnell.com

HVAC Refrigeration Boiler Services Sheet Metal Piping Building Automation Energy Management

www.edwardsengineering.com

EMCOR SERVICES TEAM MECHANICAL (847) 229-7600 For Display or Professional Services Directory Advertising Info, Call (630) 202-3006 No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.

04.16

www.emcortmi.com

CONDO LIFESTyLES

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CONDO LIFESTyLES

HVAC

JANITORIAL SERVICES

LOCKSMITH

THE YMI GROUP, INC. (847) 258-4650

DONE JUST RIGHT INC. 630-893-0757

NONSTOP LOCKSMITH 312-929-2230

www.djrcleaning.com Email: mcorliss@djrcleaning.com

Locksmith Services, Intercom & Access Control Systems, CCTV, Overhead Garage Doors www.nonstoplocksmith.com

LANDSCAPE CONTRACTORS

MAILBOXES

ACRES GROUP (888) 231-1300 / (847) 526-4554

MAILBOX WORKS (630) 355-9989/(773) 528-3111

Mechanical - Plumbing Building Automation - Service www.ymimechanical.com

WESTSIDE MECHANICAL GROUP (630) 618-0608 / (630) 369-6690 Serving the Tri-State Area Since 1970 Contact: Jackie Loftis * jloftis@wsmech.com www.wsmech.com

Professional Landscaping and Snow Removal www.acresgroup.com

Since 1989

ALAN HORTICULTURAL ENTERPRISES, INC. (630) 739-0205

H V A C CLEANING

www.MailboxWorks.com

NON PROFIT/EDUCATION

www.alanhorticultural.com

BROUWER BROS. STEAMATIC (708) 396-1444 All types of environmental cleaning. www.BrouwerBrothers.com

Large Variety of Commercial and Residential Mailboxes Intercoms and Tele-Entry Address Signage & Engraved Nameplates Installation Services

BALANCED ENVIRONMENTS, INC. (847) 395-7120 | (630) 916-8830

ABOMA (312) 902-2266 ABOMA1@aol.com www.aboma.com

www.BalancedEnvironmentsInc.com

INSURANCE HOLLINGER SERVICES, INC. (847) 437-2184

ILT VIGNOCCHI (847) 487-5200

Property Casualty • Employee Benefits Workers Compensation www.HollingerInsurance.com

www.iltvignocchi.com

LANDSCAPE CONCEPTS MANAGEMENT, INC. (847) 223-3800

MESIROW FINANCIAL (312) 595-8135

www.landscapeconcepts.com

Nancy Ayers www.condorisk.com

OCEANS ADVISORS (312) 508-3032

SEBERT LANDSCAPING, INC. (630) 497-1000 www.sebert.com

ACTHA (312) 987-1906 Association of Condominium, Townhouse and Homeowners Associations

actha@actha.org | www.actha.org

COMMUNITY ASSOCIATION INSTITUTE OF ILLINOIS (847) 301-7505 info@cai-illinois.org | www.cai-illinois.org

PAINTERS AAA PAINTING CONTRACTORS, INC. (630) 231-8350 www.aaapaintco.com

info@oceansadvisors.com www.oceansadvisors.com

SEMMER LANDSCAPE 708-926-2304

INTERNET TECHNOLOGY

gsemmer@semmerlandscape.com

WEBPASS (800) WEBPASS

LAWN CARE

Simple Urban Internet www.webpass.net

SPRING-GREEN LAWN CARE (800) 830-5914

ABBOTT PAINTING, INC. (312) 636-8400 (773) 725-9800 Quality Painting & Decorating since 1973 Our Mission: Guaranteed Committment to Quality Now offering Parking Lot Painting www.Abbottpainting.com

www.spring-green.com 24

CONDO LIFESTyLES

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SERVICE DIRECTORy

PAINTERS

PEST CONTROL

PROPERTY MANAGEMENT

CERTAPRO PAINTERS OF THE NORTH SHORE (847) 287-2642

SMITHEREEN PEST MANAGEMENT SERVICES (847) 647-0010 / (800) 336-3500

ASSOCIA CHICAGOLAND 312-944-2611 / 847- 490-3833

Interior & Exterior Painting Wallcoverings • Decorating • Remodeling Drywall Repair • Decks & Staining Tile Installation • Metal & Iron Painting www.certacommercial.com tivanov@certapro.com

www.smithereen.com

HOMETOWN PAINTERS, INC. (630) 670-4651 www.hometownpainters.com

PRECISION PAINTING AND DECORATING CORP. (630) 688-9423

PLUMBING

24 Hour Service

Chgo #BC 16138 / IL #055043442

Plumbing - Heating & Air Conditioning Water Heaters - Sewer Cleaning & Repair Hot Water Drain Jetting www.INEEDLIFELINE.com

PROPERTY MANAGEMENT A PLUS PROPERTY MANAGERS, INC. (847) 315-0222 Professionals helping volunteers.

DUBOIS PAVING CO. (847) 634-6089 (800) 884-4728 www.duboispaving.com

info@aplusmanagers.com / www.aplusmanagers.com

ACM COMMUNITY MANAGEMENT (630) 620-1133 Contact Tom Skweres

HARD SURFACE SOLUTIONS (630) 916-8005 Contact Mary Eberly

www.hsshardsurfacesolutions.com

www.acmweb.com

ADVOCATE PROPERTY MANAGEMENT 630-748-8310

PEST CONTROL ALL-OVER PEST SOLUTIONS (773) 697-1100

ALMA PROPERTY MANAGEMENT (847) 517-4400

(630) 717-7188 www.carusomanagementgroup.com

www.chicagoland-inc.com

CHICAGO PROPERTY SERVICES, INC. (312) 455-0107 X102 www.chicagopropertyservices.com

MORE LIVING. LESS WORRYING. COMMUNITY SPECIALISTS (312) 337-8691 www.communityspecialists.net

DK CONDO (312) 346-8600 www.dkcondo.com

THE HABITAT COMPANY (312) 527-5400 www.habitat.com

www.almapropertymanagement.com

For Display or Professional Services Directory Advertising Info, Call (630) 202-3006

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.

RESIDENTIAL & COMMERCIAL

Contact Margaret Shamberger

www.advocatepm.com

Bed Bug Specialists. Results Guaranteed! www.all-overpest.com

CARUSO MANAGEMENT GROUP, INC.

CHICAGOLAND COMMUNITY MANAGEMENT (312) 729-1300

LIFELINE PLUMBING 847-468-0069

EXTREME POWER CLEANING INC. (630) 532-0345

PAVING

www.BaumProp.com

Plumbing • HVAC Service/Maintenance • Systems Integration Energy Management • Electrical Process Piping •Industrial Refrigeration www.amsmechanicalsystems.com

PARKING GARAGE CLEANING

www.ExtremePowerCleaning.com info@extremepowercleaning.com

BAUM PROPERTY MANAGEMENT, LTD. (630) 897-0500

AMS MECHANICAL SYSTEMS, INC. (800) 794-5033

www.ppdpainting.com

www.associachicagoland.com

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FIRST COMMUNITY MANAGEMENT (312) 829-8900 Guiding board members since 1988 www.condomanagement.com

CONDO LIFESTyLES

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CONDO LIFESTyLES

PROPERTY MANAGEMENT

PROPERTY MANAGEMENT

ROOFING

FIRSTSERVICE RESIDENTIAL (312) 335-1950

ACTIVE ROOFING CO., INC. (773) 238-0338/(708) 430-8080

Contact Asa Sherwood

SUDLER PROPERTY MANAGEMENT (312) 751-0900

www.fsresidential.com

www.sudlerchicago.com

G&D PROPERTY MANAGEMENT (630) 812-6400

WERK MANAGEMENT (630) 241-0001 For All your Property Needs www.werkmanagement.com

ADAMS ROOFING PROFESSIONALS INC. (847) 364-7663

REAL ESTATE TAX ATTORNEY

Roofing / Siding / Gutters / Insulation www.adamsroofing.com

www.gd-pm.com

HILLCREST MANAGEMENT (630) 627-3303 / (312) 379-0692

Established 1965 Maintenance & Repairs Roofing/Sheet Metal/Tuckpointing www.activeroofing.com

ELLIOTT & ASSOCIATES (847) 298-8300

www.hillcrestmgmt.com

ALL AMERICAN EXTERIOR SOLUTIONS (847) 438-4131

www.elliottlaw.com

KANE PROPERTY MANAGEMENT CORP. 773 472-2300 Professional Property Management. Affordable Rate. Contact: Dennis R. Kane; DKane@KanePM.com

KSN TAX (847) 537-0500

KaneManagement.com

www.KSNLaw.com

Roofing, Siding & Windows www.aaexs.com

AMERICAN BUILDING CONTRACTORS, INC. (847) 670-1887

LIEBERMAN MANAGEMENT SERVICES (847) 459-0000

MCCRACKEN MCCRACKEN BEHRENS 312-263-4308

www.liebermanmanagement.com

www.mmbtaxlaw.com

MCGILL MANAGEMENT, INC. (847) 259-1331

WORSEK & VIHON LLP (312) 368-0091

www.mcgillmanagement.com

www.wvproptax.com

B.T. LAKESIDE ROOFING (630) 628-0093

NIMROD REALTY GROUP, INC. (847) 724-7850

RESERVE STUDIES

www.lakeroof.com

www.nimrodrealty.com

RESERVE ADVISORS, INC.

CSR ROOFING CONTRACTORS (708) 848-9119

Concentrating in Property Tax Appeals since 1976

Our Reserve Studies Now Include ForeSite™

(312) 625-4958 PROPERTY SPECIALISTS INC. (847) 806-6121 ROLLING MEADOWS OFFICE

(630) 633-5450 WOODRIDGE OFFICE

www.psimanagement.net

TAIRRE MANAGEMENT SERVICES (847) 299-5740

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CONDO LIFESTyLES

www.csr-roofing.com See our ad on page 33.

Custom, Comprehensive Studies Conducted by Professional Engineers www.reserveadvisors.com Long-term Thinking. Everyday Commitment.

D-WING CONSTRUCTION (630) 397-8889

SUPERIOR RESERVE ENGINEERING & CONSULTING (888) 688-4560 www.superiorreserve.com

tsutton@tairremgmt.com

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Roofing • Siding • Windows • Gutters Maintenance • Capital Budget Projects A+ BBB Rating www.abc-usa.com

your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com

For Display or Professional Services Directory Advertising Info, Call (630) 202-3006

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.


SERVICE DIRECTORy

ROOFING

SNOW REMOVAL

SIDING / RENOVATIONS

MI CONSTRUCTION AND ROOFING (630) 241-0001

ATJ'S HOME IMPROVEMENTS (630) 432-3238

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)

www.atjshomeimprovement.com

www.mancioneinc.com

PROHTOP ROOFING (847) 559-9119

HARD SURFACE SOLUTIONS (630) 916-8005

We’re Here When you Need Us! www.protoproofing.com

www.hsshardsurfacesolutions.com

Contact Mary Eberly

S&D ROOFING SERVICE (630) 279-6600

SITE MAINTENANCE, INC. (847) 697-1077

rcnchicagoapts@rcn.net www.rcn.com

www.mancioneinc.com

Roofing Siding Windows and Service. www.mt-exteriors.com

250,000 roofs installed since 1963 TEAR OFFS • SHINGLES • FLAT Multi-Family ROOFING Specialist Our experience & technical know-how gets the job done right the first time! www.sdroofing.com sales@sdroofing.com

TV-BULK CABLE & SATELLITE RCN (312) 955-2322

THE WINTER WERKS (630) 241-0001

M&T EXTERIORS INC. (331) 248-0447

Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

SWIMMING POOLS

XFINITY COMMUNITIES 1 (800) XFINITY

SPMS (630) 692-1500

For more information E-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities

Heaters Pumps • Repairs • Chemicals Pool Maintenance • Complete Water Analysis Pool Guards, Inc. ross@spmspools.com

TREE CARE

WASTE SERVICES LAKESHORE RECYCLING SYSTEMS (773) 685-8811

ACRES GROUP (888) 231-1300 / (847) 526-4554

www.LakeshoreRecyclingSystems.com

Certified Arborists & Certified Tree Care Safety Professionals www.acresgroup.com

WINDOWS/REPLACEMENTS

www.sitemaintinc.com

SECURITY SERVICES

SIDING / RENOVATIONS

ADMIRAL SECURITY DOOR STAFF SOLUTIONS (847) 588-0888

B.T. LAKESIDE ROOFING (630) 628-0093

www.admiralsecuritychicago.com

PREMIER SECURITY (773) 867-8813 www.premiersecuritycorp.com

GUARDIAN SECURITY SERVICES (708) 385-3300 Providing Chicagoland’s Finest Door Staff and Security Officers since 1975 www.guardiansecurityinc.com No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.

D-WING CONSTRUCTION (630) 397-8889 your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com

www.lakeroof.com

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)

D-WING CONSTRUCTION (630) 397-8889

Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com

WINDOW RESTORATION

For Display or Professional Services Directory Advertising Info, Call (630) 202-3006

04.16

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667) Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

CONDO LIFESTyLES

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CONDO LIFESTyLES

Chicago Property Services inc. Chicago’s #1 Property Management Company

More Living.

industry happenings

XFINITY Technology Showcase

XFINITY Communities recently held a Technology Showcase event on Wednesday, March 9 at the XFINITY Technology Studio located at 901 W. Weed St, Chicago. Over 100 owners and managers of multi-family properties attended a special presentation by executives from Comcast & XFINITY Communities and took part in interactive demonstrations on current technology and trends. Senior Director of XFINITY Communities Mr. Chris Smith introduced his team of managers for the Chicagoland area. Guests enjoyed food, beverages and raffles throughout the event.

Less Worrying.

“Today’s residents bring numerous Internet-enabled devices alongside high expectations for pervasive, fast wireless connectivity, so an increasing number of multifamily property owners are finding that responding to these demands with flexible technology offerings is critical to both satisfying existing residents and attracting new ones,” said Smith. “Our Advanced Communities Network puts these properties ahead of the curve to not only impress the residents of today, but also to meet the gigabit demands of tomorrow, and we look forward to bringing these services to even more leading-edge building owners and property managers across the country.” Comcast’s XFINITY Communities unit launched its Advanced Communities Network specifically for multifamily properties. Smith continued, “By providing move-in-ready fiber and coax connectivity solutions to existing buildings, greenfields, high-rises and single-family home communities, XFINITY is able to accommodate capacity demands of up to gigabit speeds while virtually eliminating the hassle of retrofitting current wiring. In addition to fast Internet speeds, ACN powers the full portfolio of XFINITY products, including its innovative XFINITY X1, America’s fastest Internet, the fastest in-home WiFi, XFINITY Home security and automation, and digital voice.”

condominiums | townhomes | hoas | 100 units & under 3634 W. Wrightwood

Chicago 60647

www.chicagopropertyservices.com 312.455.0107

Baum

Y Shown here (from LtoR) are Andy Schnack - XFINITY Communities, Scott Obalnder-FirstService Residential, Jack Garechana - XFINITY Communities and John Santoro -Lieberman Management.

Y Shown here (from (L to R) are Dave Butler, Andy Schnack and Chris Smith - XFINITY Communities, Don Vitek - Wirtz Realty, Michael Thompson - XFINITY Communities with Marla Jackson - dk condo.

PROPERTY MANAGEMENT

Professional Community Management C O N TA C T

Michael D. Baum, CPM, PCAM

630-897-0500 www.BaumProp.com

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CONDO LIFESTyLES

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INDUSTRy HAPPENINGS

IREM Chicago Premier Awards

Five Chicago area commercial real estate professionals and two leading companies were honored for excellence and outstanding contributions to the industry March 4 at the 12h Annual IREM Chicago Premier Awards and Casino Night. These five men and women earned individual Premier Awards in their respective categories: • Shruti Kumar, CPM®, of DK Living earned the Certified Property Manager® of the Year award. • Sam Groppi, ARM®, of DK Living., earned the Accredited Residential Manager® of the Year award. • Colleen Needham, ARM®, of, DK Living, earned the Leadership award. • Shari Vass, CPM®, of Braeside Condominium Management, LTD., earned the Leasing Agent of the Year award. • Matt Dorsch, CPM®, of TriView Property Management, earned the Rising Star award. These two companies earned awards in their respective categories. • The Missner Group, LLC was given the Property Management Company of the Year award. • Landscape Concepts Management was given the Industry Partner of the Year award. The awards ceremony opened with the presentation of a special Recognition Award to Chapter 23 Administrator Teri Lind for 10 years of dedication and service to the chapter.

Chicagoland Community Management

Y Shown here (from left to righ): Al Murray – Landscape Concepts Management, Elena Jimenez – Missner Group, June McCrory, CPM – Missner Group, Shari Vass, CPM – Braeside Condominium Management, Matthew Dorsch, CPM – TriView Properties, Colleen Needham, ARM – DK Living, Sam Groppi, ARM – DK Living, Shruti Kumar, CPM – DK Living and Teri Lind, IAE – IREM Chicago. The gala event, held at Chicago’s historic Drake Hotel, drew more than 245 for an evening of food and beverage, casino games, camaraderie, and of course, recognition for the winners in seven Premier Awards categories. IREM CEO/EVP Russ Salzman and Chapter 23 2016 President Brian Lozell, CPM® shared masters of ceremonies duties, and Chris Mellen, CPM®, ARM®, IREM 2016 National President, was on hand to share thoughts on the industry and hand out some awards. A total of 26 nominations were submitted for consideration during the 2016 Premier Awards competition. The Premier Awards were created to recognize people, organizations and companies for excellence in areas that include innovation and technology, energy conser-

Foster Premier

Ronald E. Foster, CEO and owner of Foster Premier, Inc. recently announced the promotion of Jamie Catherine Falconer to President and Danette Smusz to Executive Vice-President of Foster Premier. Jamie Falconer has been with Foster Premier for the last 19 years. She began her career as the onsite manager of a condominium property on Michigan Avenue. Additionally, she worked as a portfolio manager in Chicago. She became the manager of their Chicago Properties and for the last 10 years has been a Vice President of the company at the North office of Foster Premier. Jamie holds an MBA degree and CMCA, AMS, and PCAM certifications from The Community Association Institute ( CAI). Danette Smusz has been with Foster Premier for the last 21 years. She began her career with Foster Premier

vation, community involvement and leadership, property management, vendor services and embodying the core principles of the ARM® and CPM® credentials. Founded in 1953, IREM Chicago Chapter 23 has nearly 700 members who are charged with managing office, industrial and multifamily properties throughout metropolitan Chicago. The Chapter works to keep members informed on safety standards, legislative activities and other issues that have an impact on commercial real estate property management. And, it provides members with industry education, opportunities for community service, job referral services and guidance for candidates seeking to earn IREM industry designations.

as a portfolio manager in the western suburbs. For the past 10 years she has been a Vice President of the company at the South office of Foster Premier. Danette will continue to be based in Foster Premier’s South office. Danette has both CMCA and AMS certifications from CAI. Both Jamie and Danette have extensive experience working with condominiums, townhome, homeowner associations, and “Active Adult” associations. Both have excellent working relationships with the vendors and service industries serving Associations. Ron Foster noted in his announcement at the Spring company meeting that Jamie and Danette would be accepting more leadership roles as he will be spending less time involved with the hands-on management of the Foster Premier. While Ron will be spending more time traveling, he will continue to be involved and a crucial part of the management team.

Y 3600 North Lake Shore Drive Condominium Association Chicagoland Community Management recently announced that the company has been named managing agent for 3600 North Lake Shore Drive Condominium Association in Chicago. The Associations consists of 640 units on 28 residential floors in twin towers that were built in 1960 and converted to condominiums in 1977. The property features numerous amenities including 24/7 desk/door staff, on site management and maintenance staff, indoor parking garage, modernized elevators, fitness center, hospitality room, sundecks and a recently renovated ground level outdoor patio area with fountains, grills and colorful landscaping. Dale Young is the new Property Manager at the building.

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.

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CONDO LIFESTyLES

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CONDO LIFESTyLES

by Gail Filkowski, First Community Management

Creating a Positive relationship between Management & board of Directors Relationships come in many different forms: friends, families, partners, spouses, ex-spouses, co-workers, bosses and neighbors are just a few. They can be challenging and require effort from all parties to remain harmonious when faced with growth, change and disagreement. A successful relationship doesn’t mean it’s perfect, nor does it mean it will last forever.

T

here are many books offering advice to married couples, people dating, parenting tips, how to be a better boss, etc., but not many for community association boards of directors and their managers. it’s not uncommon for board members and managers to lack understanding of what they should expect from each other. The relation-

Communication is Key Many people don’t understand that the governance, management and overall operations of community association living is complex. The people involved in decision-making and those responsible for carrying out decisions for a community association must work closely together, but the interactions are rarely in-person. in fact, other than quarterly or monthly board meetings, communication among members is generally on an as-needed basis, via occasional phone calls and emails. isn’t there a saying that communication is the key to a successful relationship? if that’s true, a lack of frequent communication between board members and managers can cause

ship between a manager and a board is unique, but it requires the same effort and dedication put forth to keep it friendly and productive, and the community manager is the partner who should take the lead on making it successful.

MCD SHOWCASES the RACES Arlington Park Racecourse AU G U S T 25, 2016

mdavids@condolifestyles.net |

CondoLifestyles Buildings Environments Chicagoland

&

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CONDO LIFESTyLES

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630.932.5551

®

SUBURBAN ELEVATOR

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.


M A N A G E M E N T TA L K S

problems. When a board As with most relationships, one tion materials that differ from the management doesn’t know what the person needs to take the lead and company’s standard manager is doing, they might assume the mannot be afraid to offer advice or opin- forms. it’s important for board members to ager is doing nothing. At the same time, the manions. Managers should continuously understand that asking a manager to change a proager shouldn’t have to educate their boards by reminding cedure might mean the contact the board each time something gets them of proper procedures and best manager is breaking company protocol. Assocrossed off the to-do list. ciations are clients of a There needs to be trust practices. management company, from the board that the and while the manager manager is doing his or takes direction from a board, unless the manher job, as well as routine (not frequent) comager is employed by the association, the board munication from the manager to the board is not the manager’s “boss”; the manager documenting accomplishments. works with the board, not for the board.

Management Company Protocol

While most board members bring some professional experience to the board, being a condo board member is not a “job”. People join the board with success and experience in other business interactions, but that experience doesn’t always translate to help the board-manager relationship. A common misconception is that the association manager works for the board. in fact, most community managers are employed by a management company, and they report to a supervisor within the company. Managers employed by a management firm often have standards to comply with for budgets, reports, contract bidding, vendor insurance requirements, sales processing and much more. At times a board will request their manager do something that strays from the management company’s established procedures. Maybe the board doesn’t want to follow the established budget process and timeline, or the board wants to use elec-

Manager Should Take Lead Since the manager is the professional in this relationship, it should be his or her duty to ensure everyone understands each other’s responsibilities. Ask a manager how their last board meeting went, and it’s almost certain there will be moaning and groaning about how the meeting did not go as it should have. it’s an inevitable outcome for many managers. They know how the meeting should be run and what decisions the board should make, but they don’t feel it’s their job to tell the board what to do - the board members are in charge, they are the decision-makers and therefore they should know how to proceed. That outlook does not promote a healthy relationship. As with most relationships, one person needs to take the lead and not be afraid to offer advice or opinions. Managers should continuously educate their boards by reminding them of proper procedures and

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best practices.

Understanding Each Other’s Perspective Managers reading this article are probably thinking about times they offered board members ideas on how to efficiently run a board meeting, or an opinion on which contractor to select, and the board didn’t follow their advice. Maybe that’s even the reason they no longer offer an opinion. When a board doesn’t follow the manager’s advice, the manager should not feel slighted. There are undoubtedly times when the board does not listen to and take advice from the manager. rather than allowing themselves to get wrapped up in negativity, managers should focus on staying positive and understand that their relationship with the board can be similar to others in their life. neither the board nor the manager will always be right, seeing the other’s perspective and agreeing to disagree is better than allowing negative thoughts to fester. Many boards have disagreements among themselves as well. Choosing sides or

expressing judgment about board in-fighting will polarize a manager’s relationship with the board. A manager shouldn’t be scared to offer their professional opinion, but they need to accept that board members have different backgrounds, experiences and capabilities that guide their decision making.

have chosen to be with each other in the relaget wrapped up in negativity, man- tionship, they are placed agers should focus on staying positive together by the management company and do and understand that their relation- their best to make it work. After getting to ship with the board can be similar to know each other, maybe others in their life. Neither the board there is a mutual understanding that a different nor the manager will always be right, manager would better satisfy the client’s needs. seeing the other’s perspective and or, maybe there is a peragreeing to disagree is better than sonality conflict between Break Up is the manager and the Inevitable board, and it makes getallowing negative thoughts to fester. The manager-board ting business accomrelationship will not last plished difficult. This forever for several reasons: boards turnover, usually happens when new board members managers retire, go to other companies or are elected, and whether the reasons are valid management companies change ownership. or not, they simply cannot work with the Sometimes however, managers and boards manager. Sometimes, the break-up is initiated simply need to break-up. Perhaps the manager by the manager out of frustration from board just isn’t the right fit for the board. Generally actions (or inactions). When a board and speaking, neither the manager nor the board manager stop working together for whatever Rather than allowing themselves to

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M A N A G E M E N T TA L K S

reason, both parties can benefit from moving on, taking what they’ve learned in the relationship and improving upon future ones.

Diplomacy Required being a community manager is not easy and it requires a high level of diplomacy to

maintain successful client relationships. Managers need to take the high road and remain professional at all times, understanding that some board members might not do the same. Managers are paid to manage the property, board members serve in a volunteer capacity. When the board-manager relationship is

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strong, managers will not feel that they take a “back seat” to the board. They will promote positive interactions and mutual respect, feel confident to take the lead when needed, offer advice, and not be judgmental when the board doesn’t follow their advice. Y

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MARCH 11, 2016

MCD Pool Party Featuring Condolympics Over 250 guests joined MCD Media at the annual MCD Pool Party featuring Condolympics on March 11th at the Pyramid Club in Addison, IL. Over $5000 was raised for Special Olympics at the event. Premier Sponsor of the event was Nonstop Locksmith. Major Sponsors of the event were Sperlonga Data & Analytics and Worsek & Vihon Winners of the 2016 Condolympics events are listed below: Special Olympics Donations Pool Tournament Property Specialists, Inc. Hillcrest Property Management BRONZE: CRC Concrete Raising & Repair GOLD: SILVER:

Tim Haviland & Kackie Marella SILVER: Joel Starks & Mindy Maggio BRONZE: Larry Belcher & Brittany Damschroeder

GOLD:

Dart Tournament Vito Pena & Melinda Jara Kevin Kojzarek & Brittany Ryan BRONZE: Todd Emeprado & Jennifer Hazelhorst GOLD: SILVER:

Bean Bag Challenge GOLD: Mandy Manalli SILVER: Julie Galto BRONZE: Joel Starks

Safari Buck Hunt GOLD:

Ping Pong GOLD: Russ Fleagle SILVER: Phil Bengtson BRONZE: Keith Weber

Beads Game GOLD: Mindy Maggio SILVER: Melissa Brooks BRONZE: Nicole Franz

SILVER:

Alan Doty & Heather Prince Allen VanHorn & Michele Maldonado

Best Dressed (in Green) GOLD: Property Specialists, Inc. SILVER: Genesis Construction BRONZE: DuBois Paving Co.

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EVENT HIGHLIGHTS

Y Pictured here (LtoR) are Tracy Davis, Tairre Dever -Tairre Management, Sheila Malchiodi Response Team1/QCI and Kevin Block - ILT Vignocchi.

Y Pictured above is a group from Property Specialists, Inc. with Splash, the mascot for Special Olympics Adopt a Duck Race/Raffle.

Y Shown here are winners of the Pool Tournament (LtoR) Larry Belcher and Brittany Damschroeder-SavATree, Mindy Maggio - Hillcrest Management, Joel Starks - Sperlonga Data & Analytics, Tim Haviland - Community Advantage.

Y Shown here are winners of the Darts Tournament (LtoR) Kevin Kojzarek & Brittany Ryan (Gold or Silver), Melinda Jara & Vitto Pena (Bronze) - Property Specialists.

Y Shown here is a group from CRC Concrete Raising with Splash

Y Shown here from Hillcrest Property Management is Marcel Brusca, Mindy Maggio, Joel Garson, Maria Cardenas, Russ Fleagle, Dale Nusbaum and Tracy Fagan.

Committee Members Cathy Ryan Chairperson, Kevin Block – Head Scorekeeper, Tairre Dever-Sutton, Sheila Malchiodi & Toni Ivanov -Lead Judges, Dennis Baier, Tony Dister, Tracy Davis, Lindsey Daehnke, Michele DuBois, Mydraine Janvier, Erica Horndasch, Jackie Loftis, Michelle Madeja, Jack Mancione, Phil Mariotti, Suzy Martin, Brittany Ryan, Tom Skweres and Ed Zamarippa. For more information on mcd media special events visit www.condolifestyles.net

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by David Mack

Essentials of Specifications, Bids & Contracts In opening a seminar presentation on the topic of contracts before a group that was comprised primarily of association board members, attorney Marshall Dickler, a principal in the law firm of Dickler Kahn Slowikowski & Zavell, Ltd., said it can be challenging to discuss contracts with those who may have had little or nothing to do with the subject previously.

I

t’s difficult for people to understand concepts they do not have to deal with on a day to day basis,” he said and much of the time people that serve on their Association board of directors are not executives of companies or in a job position where they are periodically negotiating, reviewing and executing contracts as part of their duties. but, in reality, as board members of associations, “you’re running a pretty significant business no matter what

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your budget is,” so the more you learn about contracts the better off you will be in spending association revenues wisely.

Protecting the Association’s Interests it’s important for board members to understand what is in a contract before they sign it. “You have to see that it has all the necessary provisions in it,” said Dickler “to protect the association’s interests.” Where clarity is

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lacking in such a document, “you may have to call an attorney,” to help see that the contractor is not taking advantage of you. And that’s probably most of the time unless there is a lawyer on the board because even simple looking contracts can contain complex provisions and language.

Beyond Certificate of Insurance Dickler has two major concerns about contracts. The primary one is insurance. boards should get a certificate of insurance from a contractor but caution is necessary in reviewing it as it may not be an up to date reflection of the contractor’s current coverage. “You need to call the insurance company and verify the insurance in the certificate is current and you should request that in writing,”

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BOARD BASICS

said Dickler. Don’t make a decision without tion should also provide that in the event of canAnd furthermore, proper knowledge. There are people cellation, the association “you also want to be is obligated to pay only listed on the policy as an (architects, engineers and other profor the reasonable value additional insured because insurance comfessionals) out there who are quali- of the work completed to that time. panies are obligated by fied to help you assemble specificalaw to notify additional Bidding Process insureds when a policy is tions (as well as drawings, if necesDickler then moved cancelled,” Dickler added. on to the bidding if uncertain about the sary,) and the bidding packet to evalwhich eventually process, adequacy and breadth of leads to a contract being uate bids and then to supervise and coverage of a contractor’s signed. it should result in insurance, get a copy and monitor the project as it is being securing the best price, review it or have it terms, quality, products reviewed. look for riders completed. and supplier based upon and determine what the competition between the competitors, exclusions there may be. “insurance is so very according to instructional materials prepared important,” he emphasized. by Dickler’s firm. For other than very small Termination Clause jobs, associations should hire technical expertise to determine what is needed for a The other major concern Dickler has is particular project. boards are often negligent with a termination clause in a contract. “You on this point because, according to Dickler, want to be able to terminate a contract at any they will say, “why do we need an architect or time with or without cause,” he said. This sec-

engineer to tell us what needs to be done?” Contractors may not clearly know what is needed in preparing a bid and may submit specifications for their plan of work that are insufficient. under those circumstances, “how do you know that specifications in a bid are adequate,” Dickler questioned the board members present. it is the architect, engineer or other specialist who will prepare the specifications for the work so that contractors can properly bid to the specific job to be done.

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CONDO LIFESTyLES

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Specifications are Critical Specifications are very important when seeking bids and monitoring a contractor’s performance. “if you have a contract but it doesn’t have good specifications, it is not a good contract,” said Dickler. “The specifications help tell the board (and its technical support) whether the contractor has done his work and how much or if he should be paid,” at periodic requests for payment submitted by a contractor. Although on occasion a contractor can submit a bid with their own care-

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fully written and accurate A contract document such as the AIA the specifications and a complete list of docuspecifications, boards format is ideal for use because it mentation required of a will, as noted above, generally need to have a proincludes most provisions desired by contractor in their proposal. each bid should fessional prepare them for inclusion in the bidboth parties. It can be modified contain all required documents and material to ding packet. “Don’t make a decision without proper when necessary to delete or add pro- identify and evaluate the contractor, the work they knowledge. There are visions or to alter those included. intend to do, their price, people (architects, engithe work specifications neers and other profesalong with the contractor’s contract form that sionals) out there who are qualified to help should include all the necessary details that you,” assemble the specs (as well as drawings, are included. The association’s attorney should if necessary,) and the bidding packet, to evalfinalize the formal contract for the work to be uate the bids and then to supervise and mondone by the successful bidder. itor the project as it is being completed. Some contractors will submit bids that boards are exercising their necessary due dililack sufficient information and have only a gence in making use of such professional very limited description of the work to be done assistance. and the price with a line for the association to Bidding Procedure sign on their contract form indicating acceptDickler’s handout materials described ance of the bid. but this shortage of details and clearly the bidding procedure. bids should be inadequacy of the information make such a requested in a formal process and based on submission unacceptable to a board.

Formal Bids let’s go over in more detail what a formal bid should include so that it can be adequately evaluated and compared to other bids by competing contractors. » A formal bid letter offering to complete work called for in the bid packet for a specific price. This proposal may contain alternative work suggestions with price additions or reductions for that optional work. » Specifications and drawings- generally those prepared by the association’s technical assistance or, in some cases, those originated by the contractor- in detailed form clearly describing the work to be done and also details on various components and manufactured items to be used in construction. » The complete contract to be used, including all the contract sections and provisions in a standard form such as the AiA (American institute of Architects) contract form. it should identify the contractor and incorporate by reference all of the specifications, drawings, instruc-

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BOARD BASICS

tions and materials to be used in the work. it should be signed by the contractor with a line provided for the association’s representative. This contract form will be modified, where necessary, by the association’s attorney. » An addendum sheet to the contract reflecting any exclusions or limitations with respect to the contract and any specifications in connection therewith.

conditions or requirements for the work; the time frame in which the work is to be completed; requirements for termination; detailed insurance requirements; language related to determining non-performance or non-payment, which reasonably allows either party to terminate before completion, if justified and places for both parties to sign the contract indicating mutual acceptance.

The More You Know looking out at his audience of perhaps 50 to 60 people, Dickler emphasized how important knowledge about contracts is for association board members and how many lack a good understanding of the subject by saying, “this room should have a thousand people in it.” Y

» A copy of all relevant insurance policies or certificates of insurance with an additional attachment detailing any special insurance to be included or any limiting provisions on the insurance coverage to be provided. » Copies of surety bonds or information indicating their availability. » references from other clients including names, addresses and phone numbers for similar work previously done elsewhere.

Dickler said that generally the same information should be provided and evaluated no matter what the cost for the project will be. However, he added, practicality dictates that there can be some flexibility and probable reduction in the paperwork and materials required in bidding depending on the circumstances and cost of the work to be done. Sometimes when a contractor intends to do the same work for an association as he has done for other clients and his bid can include his own specs rather than those prepared as part of the bidding packet, he can use a standard format spec used elsewhere rather than write new ones for his bid. A good example is in connection with the installation of roofs where a standard spec is often acceptable for repeated similar jobs. A contract document such as the AiA format is ideal for use because it includes most provisions desired by both parties. it can be modified when necessary to delete or add provisions or to alter those included. elaborating on what was said above, and whatever contract format is used, it should identify clearly the parties and the work to be done; the price of the work and how and when payment is to be made; any acceptance

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