Tag Archives: foreclosure

Trustworthy and Tamper-Proof HOA/Condo Board Elections?

guest blog by Bob Frank (Air Force Col. Retired)

 

It is a fact that CID board elections are the ONLY way that members can actually influence the management of their common properties and finances.  And, since candidates for boards and members of community management companies are not routinely cleared as trustworthy according to government standards, the election processes themselves MUST be provable as being “trustworthy/tamper-proof” by the association members.

Therefore, I submit it should be mandatory that secret ballot board elections implement (1) audit-trails, (2) use “tamper-proof” devices, (3) be certified as end-to-end trustworthy, and (4) be capable of independent auditing by licensed, trained professionals.

And, I claim that any board election that can not be auditable as trustworthy should be invalid.  Why would government officials and trade association professionals be allowed to tolerate potentially corrupt board elections?

Should the trade association adopt the following or similar terms and require that all HOA/Condo board elections follow such definitions and implement “trustworthy board elections” capable of being audited by 3rd party professionals?

Or, should board elections be taken away from CID boards and management companies and that there be a new licensed and bonded, “Independent Trusted Elections Professional” be required on a part time basis by state statutes as auditors and attorney are?

Am I on the right track for this topic?  Do you agree it is likely possible to conduct such improvements in CID elections at reasonable costs?  If you wish, I can explain how I would design such a system using hard-copy and/or electronic processes.

Bob Frank

Cohen The Bully Has Arrived At Two Midtown Miami

guest blog by Nila Ridings
 
Seth Cohen arrived from New York with $1.5M to spend on a condo in South Florida.  He impressed his neighbors with his swagger which won him enough votes to sit on the board as their president.  
 
Looking around he decided Two Midtown Miami needed more of his “touch” in its decor.  Even though the building was only five years old the elevators got a facelift and the pool furniture was pitched for something more expensive. 
 
Next, on his list was the lobby renovation with some “Munsters” chairs and bookshelves that sent his neighbors out to the curb in protest.  In typical COA dictatorship style, he called the police only to learn his neighbors were smarter than he thought because they had obtained a protesters permit.  
 
Supporters started dropping like rocks and the “Fresh Prince of Two Midtown Miami” quickly earned the title of bully! His neighbors wanted to feed him lunch with their assessment letters. He was demanding $6,844.27 from each owner to cover the cost of his grandiose decorating plans until the uprising raised awareness to the point they were demanding he be removed from the board. I applaud them!!! based on my HOA experience, I’m wondering if seth Cohen is in the “decorating business?” Wash he slick enough to try and recoup his condo investment with some high-priced re-decorating?
This should be an eye-opener for all owners in HOAs or condos. Redecorating projects can quickly turn into an ATM for board members. If you don’t keep a close watch they will declare re-decorating as a “necessity” and use their power as president to funnel the money right into THEIR bank accounts. It’s called self-dealing and in most states it’s illegal. Take if from me, it’s also a “red flag” warning. Once accomplished they will try it again on something else. like selling advertising in the community newsletter and claiming to be in the publishing business!

How to Build a Trustworthy Organization

guest blog by Robert E. Frank, Colonel, USAF (Ret.)
           (Founder, HomeOwnersCoalition.Org & Veterans Advocate)

My business experience has taught me over the past 50 years that if a process is designed to be as trustworthy as reasonably possible, EVERYONE benefits from being able to accept it as such.

But, if systems, such as board elections or controls of something like association credit/debit cards and checks, are allowed to be designed and implemented with very obvious loop holes in the audit trail, then no one can trust the system.

It is common for an organizational manager and/or board members to raise their voices and get belligerent when someone points out that an election or financial system component can be easily corrupted. They typically change the subject to “how dare you accuse my group of election fraud!”

Of course, that is not the point. The point is why would an honest, ethical person or organization (either board of directors, election committee, CAM or community management company) want to ALLOW an election process to exist where allegations of misconduct could be fairly suspected and/or made part of a criminal complaint?

Money is NOT the issue on implementing “trustworthy” board elections and trusted financial management processes. Nothing is more important for a board or CAM than to ensure that the member’s money and property is cared for according to statutes and common sense.

Much flexibility is allowed to developers, boards and CAMs when it comes to business system components of the association. Failing to ensure the key components are designed and managed to be reasonably trustworthy is, in my opinion, a sign of gross negligence and possible corruption.

The necessary tools and techniques are relatively easy and inexpensive to use to assure trustworthy systems for HOAs and Condos. In my opinion, blustering objections to implementing trustworthy systems within HOAs and Condos should be summarily rejected by all professionals. Such mismanagement puts a blight on all our business reputations.

Ye Olde Clubhouse…The Other Money Pit

guest blog by Nila Ridings

You may pass it by every day with merely a glance and no thoughts to the cost of the HOA clubhouse.  Yet, when we take a closer look at its financial drain you’ll probably sit up and take notice. 
 
These party palaces can suck away more money than a 40 foot speed boat with twin engines.  And in the case of Quivira Falls there is rarely a party or a paid rental to be found. Most communities restrict usage to homeowners. That makes sense except when the homeowners rarely rent it.
 
A short time ago, the Quivira Falls board president slyly pulled off a self-dealing maneuver and milked the HOA cash cow for a complete redecorating of the clubhouse.  She claimed to be in the “decorating business” so she slid the job through her company.  No other bids were taken.  There is probably more to the redecorating details, but here’s the list of what I know was done: new window treatments, new hardwood flooring, paint throughout, new bathrooms, new kitchen, new door locks, mold abatement, and custom-framed photographs.  She claimed none of this cost too much because she was keeping “the boys” busy during the winter months.  “The boys” just happened to be employed by the property manager.  None of these redecorating expenses included the price for labor.  Did you ever know of a construction project that didn’t require labor?  And furthermore since the houses are rotten and need repairs and painting, why weren’t these guys laid off like most construction workers and the wages saved until better weather so it could be spent on the townhomes not the clubhouse?
 
According to the May 2014 issue of QF The News, rentals so far this year have totaled $1,000.  Nice even number, but expenses so far are: janitorial supplies $292.30, pest control $76.72, R&M (whatever that is?) $213.13, utilities $2,393.79.  I’m not a CPA, but my calculations total the expenses at $5,075.94-$1,000=($4,075.94) in the hole. Summer is coming in Kansas so the cooling cost on this money-sucker is going to skyrocket to nearly $900 per month.  You may be asking why the utilities are costing so much for a building that by the rentals would indicate it is empty at least 29 days per month.  Well, here’s the answer: the property manager has ONE EMPLOYEE working in that building Monday through Friday.  Thousands of dollars per year are spent on heating and cooling just for one person to sit at a desk and answer the phone, play computer games or whatever, in that building!
 
Before the redecorating “money maker,” the previous HOA president had stucco applied to the exterior and told me the cost was $100,000.  There have always been yearly landscaping expenses and most recently lighting was installed on the entry stairs attached to a deck that extends beyond the doors.  I call this place the Taj Mahal.  
 
It eats money like a slot machine but it’s really too small to be of much benefit.  Most clubhouses are one big room, this one is a small room and another small room with a conference table.  Select homeowners use it for Bunco games.  Others who have tried to use it for meetings regarding the conditions of the community, have been given the excuse of either the furnace doesn’t work in the winter or the air conditioning is broken in the summer.  Always an excuse for keeping the “pariahs” out of the clubhouse their money is being spent on. 
 
Wichita has a condo association where the clubhouse has a bar.  Its been the source of more than one juicy rumor and drunken fight.  But one night it became the place of a flaming disaster.  A board member rented it to someone outside of the COA and the stories are varied but all pretty much conclude with it being quite the drunken scene.  In the wee hours of the morning it ignited into flames and burned to the ground.  The board members blamed the fire on one of their most-hated condo owners.  (You know the guy that was eventually beaten with a crowbar.)  The Fire Marshall testified that the cause was an outlet behind the refrigerator.  Apparently, it was damaged when somehow the refrigerator was pushed back too far into the wall and the plug smashed into the outlet.  His explanation was logical but the bullies on the board still blame their enemy.  And the damage was around one million dollars.
 
I’ve had friends who lived at a lake community in the area.  They have a golf course, stables, and a clubhouse with a restaurant.  Now, there’s another “hook” on the HOA concept.  You must eat so many meals per month at the restaurant or pay anyway.  When HOA life goes sour the last thing people want to do is have a meal with their enemies sitting across the dining room pointing, whispering, and glaring at them.  They were happy to sell and get out of there, but part of the revenue comes from “outsiders” renting the venue for parties and wedding receptions. That reduces the financial sting a bit. 
 
Next time you drive past your clubhouse envision that it is bleeding money because it probably is.  If you are thinking of buying into an HOA…well…I would advise you not to do that, but certainly put the cost of a clubhouse at the top of your list for reasons to run for the exit!

What’s Up With The Realtors?

This blog is absolutely self-serving, and I have no problem admitting it. After all, I’m trying to sell my book and part of that means doing paid speeches across the country.

A few weeks ago a huge real estate firm in a major Midwest city offered a pretty nice fee to have me speak at their annual convention. I was out of state at the time, but rushed back to talk to these Realtors about the country’s HOA mess and the kinds of financial and housing disasters that are racing down on this country like a falling bomb. But while I was in the air, my agent got a call saying the company was cancelling my speech.

That’s OK, it happens. But it’s unusual enough that it got me wondering. I learned I was hired on a recommendation, but at some point someone in this real estate network must have read my book and discovered the topic was, shall we say, controversial?

Controversial?

Well, let’s take a second look. If a looming real estate disaster is about to destroy the financial well-being of millions of people as they buy homes and take out mortgages, shouldn’t someone advise them to be cautious about how they structure their new purchase? And who should that be? Are the Realtors giving their clients such warnings? Me thinks not.

If the entire Real Estate profession is on the verge of getting hammered by a housing disaster a hundred times bigger than the 2008-2009 recession, who should know about it first? Do you think the Realtors know? Me thinks not.

A lot of us are being blinded and hornswoggled about the state of our economy. I’m going to link to a 2008 Wall Street Journal column about a hedge fund manager who predicted the 2008 mortgage crash, and found several ways to ‘short’ the housing market. He made billions of dollars profit for himself, and many billions more for his hedge fund.

And who knows absolutely nothing about how this obscure investor made his billions? Do the Realtors? Again, me thinks not.

(WSJ column on John Paulson, hedge fund manager)