Intentional
Home Owner Association Integrity:
Buyers and Owners Be Aware!

"Proven
Investigative Processes For Identifying and Maintaining A
Good-Functioning
Homeowner Association"
A "hands-on", step-by-step
do-it-yourself investigative handbook outlining Dr. Mac's proven "Walk
Around & Talk Around" strategy. His specific tactics and key questions
will help you get the answers you need!
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Author's
Message
My goal is to share
investigative strategies and tactics I've learned through the trials
of making a wrong buying decision within a homeowner association. This valuable
handbook is full of strategies, tactics and questions that will
help you investigate thoroughly the operations and culture of any
HOA. It will help you
as a buyer get
the information you need to make an intelligent "buy" or "no
buy" decision... before you move into any given HOA. It will
help you avoid making the emotionally and economically costly mistakes
that have drained myself and multitudes of others when buying a home
under the governance of a HOA. It
will help you as a homeowner If
you are already under the governance of a HOA. The strategies,
tactics, tools and questions in this handbook will help you
investigate and determine the things you can do to protect your investment
from going bad, emotionally and financially. It
will help you as a Board member of a HOA to strengthen the
effectiveness and efficiency of all operational areas within your
association as well as promote civility and collaboration among board
members and homeowners. You
will see when reading our story that my
wife and I learned the hard way. We bought before we looked hard at the
cultural climate and operations of the HOA community that was to
govern our home. That's
why I invested time in writing this book, to help you and others avoid the
pitfalls we've encountered. I also want to help you understand what you can do if
you are
already governed by a HOA or are serving as a board member in your HOA. For
buyers, this handbook will guide you through investigating and uncovering whether
or not when
you move into a given HOA you will be surrounded by raving and
rancorous board members and homeowners or a harmonious community. It
will also help you investigate and surface the facts about any given
HOA's critical reserve accounts. You don't want to end up with a big
assessment you can't afford to pay because replacing things like roofs,
plumbing or streets has not been properly planned for. The
handbook will also
guide you in diligently investigating the effectiveness of the board,
management and operations of any
given HOA. You'll be able to determine if homeowner money is being wasted because of
poor board and managerial decisions, oversight and follow through. Millard MacAdam
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Some
Praises From Readers
Jim
de Boom –
Jim heads up his own
event planning company and lives within
an HOA in which he serves as a Director.
“I find
the handbook, Intentional Homeowner Association Integrity: Buyers and
Owners Be Aware, full of helpful information to the prospective buyer. The
book raises issues that a realtor, when you are looking at a
property in a HOA community, probably isn't knowledgeable about.
My own experience living in a gated HOA community for the past nine
years has been quite positive, in part because I have been
serving on the HOA board for the past three years so I get to see
first hand how this HOA works. The handbook is a good reminder to HOA
Board members about our responsibilities to the homeowners.”
Darlene
Lewis
– Darlene
is a Court Reporter and owns
a home within a homeowner association. – “There is no longer
any excuse for corruption in any HOA. Dr. Mac’s “walk and talk”
tactic is a way to prevent being blind-sided by HOA corruption and his
easy-to-use handbook encourages us as individuals and as communities
to work together in the best interests of all homeowners.”
Ted
Loveder, CMCA
AMS –
Ted is a professional Community Manager and owns a management company
specializing in HOA management. Ted was recently named manager of the
year, and awarded the John C. Kubas Manager Award for 2007 by the
Community Associations Institute (CAI). The award is presented to a
manager who has exhibited and supported the value of education and
ethics in the industry and has shown dedication to the industry, their
company, clients and Community Associations Institute.
“As
a professional Manager of community associations, I find Dr.
MacAdam’s book Intentional Home Owner Association Integrity
to be a great tool for any potential homeowner considering the
purchase of a home within a community development. Following the
simple advice offered allows a person to make an informed decision on
the current status of a homeowners association before purchasing a
home within an association. I urge all potential homeowners to become
educated in the laws affecting their association and the operations of
their association.”
Ed
and Mary Romeo
–
Ed
is past president of Friends of OASIS support group for the City of
Newport Beach OASIS Senior
Center. Ed is a retired California Teacher Association staff member
and lives in a homeowner association in which he has served as a
Director. Mary is an active volunteer
at the OASIS Center. Dr. Mac provides useful, pertinent and important information, at several levels,
about the benefits and the pitfalls of community homeowners’
associations. Whether the reader is a first-time home-buyer or a
long-term resident and member of a homeowners’ association, his
handbook offers some very practical, simple steps one should take to
understand the obligations, rights and, most important, the
inner workings, direction and management of a homeowners’
association.
We
were amazed and chagrined to realize that our own
homeowners’ association is going through some of the very
problems that Dr. Mac describes.
The whole scene is disconcerting and demoralizing. This
handbook is a must-read, must-study tool for all prospective and/or
current homeowners, and especially for association board members. It
is a reference book that one can
turn to, over and over again.”
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The
MacAdam's Story - Direct from the Handbook
“What
We Saw Was Not What We Got!”
Looking
back on the pros and cons
of living within our town home since 1989, we have mixed feelings.
During the first 14 years my wife Barbara and I lived life on the home
tip of the “HOA iceberg”. Our “semi retirement” town home was
a dream come true! We enjoyed the care-free maintenance program with
no lawn to mow or trees to trim. Wonderful neighbors surrounded us. We
walked at will through our private 90 acre urban park with trails
overlooking the Newport Bay Nature Preserve. We enjoyed swimming,
tanning and relaxing in a pool area just 100 feet from our patio. We
often asked ourselves, “Who could have it any better?”
After 14 years the cons began to
surface as major
cracks appeared in the bottom part of our HOA “iceberg”. The
surface-level tranquility we had experienced began falling apart like
the flaking of an iceberg. We began suffering unexpected, jolting,
emotionally stressful and financially worrisome issues. New board
members had uncovered some dishonest activities that had a negative
financial impact on all homeowners as well as litigation risks.
For many
years, we had suffered the effects of a colluding manager and board
members who deceitfully plotted to do illegal and unethical things.
This discovery led to hiring a high integrity manager. Also, to an
expensive, but failed, recall election of the new board members who
uncovered the corruption. Also, to high legal costs to our HOA to
defend the new board members and recall failure in court.
I supported the “turn around”
board members in
continuing to make high integrity decisions based on proven principles
instead of politics and personal preferences. I was later recruited to
run for the board and won. During my time on the board, I came face to
face with some of the most rancorous and deceitful homeowners who
flagrantly broke the association’s rules and landscape and
architectural guidelines.
During my first months on the board, I
initiated a Walk About & Talk About strategy that gave me
valuable insights into homeowner complaints, needs and desires. Also
into the relative effectiveness of different aspects of our
operations. Lack of proper operational oversight in several areas
surfaced quickly as well as a lack of
timely follow through and proper tracking of legitimate
homeowner requests.
With my eyes focused on HOA business
practices, I
observed illegal and unsafe stairs on common areas that created
serious risks and liabilities. It took a year to begin resolving these
high risk issues. This was due to resistance from a few homeowners and
board members thwarting us from doing what was right according to our
own legal counsel.
In hind sight,
I realize that my
wife and I had unknowingly failed to investigate the integrity of the
HOA’s culture, board, manager and operations before we bought.
What we saw was not what we got!
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Handbook
Summary and Contents
The book, Intentional HOA Integrity: Buyers
and Owners Be Aware, will help you and your family more effectively and
efficiently determine what's happening below the "tip of the iceberg"
in any given HOA. If you are a buyer, you'll learn if a given HOA is the right
place to make your home. If you are an owner and already governed by a HOA, you
will learn what you can do to protect your investment. The "how to"
tips and key questions you'll find accompanying each investigative section of
the workbook will help you do it!
Workbook Contents
-
What Readers Are Saying
-
The Author’s
Story… “What We Saw Was Not What We Got!”
-
Workbook Overview
-
Ready
to Investigate a Home Owner Association’s Integrity?
-
1st
Investigation: Checking The Pros And Cons Of HOA Living
-
2nd
Investigation: Surfacing A Community’s Relationship Dynamics
-
3rd
Investigation: Understanding HOA Laws And Governing Documents
-
4th
Investigation: Checking For Sufficient Reserve Funds
-
5th
Investigation: Assessing The Integrity Of Financial Procedures
-
6th
Investigation : Observing For Operational Integrity
-
7th
Investigation: Assessing Managerial Integrity And Competence
-
8th
Investigation: Assessing Board Integrity And
Competence
-
9th
Investigation: Checking Community Communication Integrity
-
10th Investigation: Protecting Your Investment As An
Owner
-
Dr.
Mac’s HOA Investigative Coaching Services
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Overview
of the 10 Investigative Areas
1st
Investigation: Checking The Pros And Cons Of HOA Living
- This
section helps you to begin discerning some of the possible pros and
cons of living within an HOA.
-
The
issues of being under the governance of elected homeowners
-
Benefits
of high integrity, well-run HOAs.
-
Rules
and Regulations restraints
-
Overview
of types of governing documents and dues structure
-
“Walk
Around & Ask Around” interview questions for surfacing
benefits and restrictions
2nd
Investigation: Surfacing A Community’s Relationship Dynamics – This
section
helps you examine the relationships between the people living within
an HOA… neighbors and board members. It helps you examine the
HOA’s cultural operating norms so you can determine if they
fit the needs of you and your family.
-
Assessing
your minimum standards
-
Surfacing
and deterring rancor
-
Discussing
HOA life with friends
-
Web
resources for national homeowner advocacy groups
3rd
Investigation: Knowing HOA Laws And Governing Documents – This
section lays out examples of the different laws governing the
operations of an HOA. California
is used as an example.
-
State
Business and Professions Code
-
State
Civil Code
-
State
Corporations Code
-
Condominium
Act
-
Davis-Stirling
Act
-
Covenants,
Conditions and Restrictions
-
Bylaws
-
Rules
and Regulations
-
Architectural
Guidelines
-
Insurance
Coverage
-
Homeowner
Liability
-
Web
resources for researching HOA Laws in all states in US.
-
“Walk
Around & Ask Around” interview questions for legal and
governing documents
4th
Investigation: Checking For Sufficient Reserve Funds - This
section highlights the critical importance of HOAs having sufficient
reserve funds. It provides you with the information you need to
prepare yourself to not be fooled.
-
Reviews
of expert opinion
-
Oversight
of annual budget and finances
-
Ways
to fund HOA improvements
-
Component
inventory
-
Funding
methods
-
Review
of reserve studies
-
“Walk
Around & Ask Around” interview questions for determining
reserve sufficiency
5th
Investigation: Assessing The Integrity Of Financial Procedures - This
section reviews critical financial information unknown to most
buyers and owners. Also
how to investigate the HOA budget and the integrity and effectiveness
of financial practices.
-
Undisclosed
leases to developer
-
Sweetheart
contracts with developer
-
Understated
HOA Fees
-
Structure
of financial oversight committee
-
Adequate
insurance coverage
-
Personal
Loss Assessment coverage
-
Surfacing
lawsuits
-
“Walk
Around & Ask Around” interview questions for determining
financial integrity
6th
Investigation: Observing For Operational Integrity - This section reviews the critical importance of checking out the
degree to which all aspects of the HOA’s business operations are
being carried out effectively and efficiently. It will help you
determine if the homeowner’s
hard earned fee money is going down the HOA drain.
-
Effective
board planning
-
Oversight,
supervision and follow through
-
“Walk
Around & Ask Around” interview questions for determining
operational effectiveness
7th
Investigation: Assessing Managerial Integrity And Competence - This
section reviews the critical importance of checking out the
integrity of the HOA management services and what you can expect to be
receiving in terms of specific managerial functions.
-
Inclusive-Fee
Contract and inclusions Management Services screening and
selection
-
"Walk
Around & Ask Around" interview questions for determining
effectiveness of the board's manager selection process
-
“Walk
Around & Ask Around” interview questions for determining
effectiveness of an association manager
-
“Walk
Around & Ask Around” interview questions for determining
effectiveness of a manager’s skills in hiring HOA staff.
8th
Investigation: Assessing Board Integrity And Competence - This
section reviews the “how to” for assessing the integrity
and competence of each board member and the board as a working whole.
-
Ensuring
that board members understand what an HOA really is
-
Board
of Director responsibilities
-
Officer
roles and functions
-
Fiduciary
relationship and responsibility
-
Look,
Listen and Think board team effectiveness assessment
-
Look,
Listen and Think individual board member team player effectiveness
assessment
-
Integrity
Check process
-
“Walk
Around & Ask Around” questions to use with homeowners to
assess the perceived functional integrity and competency of the
association’s board of directors
9th
Investigation: Checking Community Communication Integrity - This
section provides you with insights into understanding what is
happening unconsciously when interpersonal communications take place.
It outlines ways to determine the degree to which
people within the HOA community are promoting understanding,
rapport and trust between one another when they communicate.
- Interpersonal
communication resources
- Look,
Listen and Think observation sheet to determine the degree to
which effective interpersonal feedback occurs within the HOA
community
- Look,
Listen and Think observation sheet to determine the degree to
which people within the HOA community throw up roadblocks to
effective communication
10th
Investigation: Protecting Your Investment As An Owner -
This
section provides nine tips and some “how to” strategies for
protecting the investment in your home by actively enhancing several
aspects of your association. Also, to enhance civility and reduce
rancor and emotional stress.
-
Intentional
HOA Integrity Organization Development Process and check list
-
Sample
committee guidelines
-
Sample
HOA Intentional Integrity Check Process
-
Collaborative
SuperVision process
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