Common Interest - cdn.ymaws.com · Conference & Expo Saturday, March 18, 2017 Aqua Turf, Plantsville Visit to register and for updated information. Statutory Snippets… CAI GOVERNMENT

Common InterestVol. XI: Issue 6 • 2016The Official Publication of CAI-Connecticut

Inside:

Minimize Impact of

DISASTERS by Planning Ahead

A HEALTHY PIGGY BANKYour Association’s

ACCOUNTING FRAMEWORKTHE LEADER’S RESPONSIBILITY TO LEAD

...and more!

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MemberEqual Housing Lender

Volume XI: Issue 6, 2016 • Common Interest

3CONNECT with CAI •

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

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

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

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

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

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

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

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

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

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

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

■ ■ ■

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

■ ■ ■

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

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

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

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

Kim McClainChapter Executive Director

Ellen FelixDirector Program Operations

Staff

Committee Chairpersons

President’s Message

Donna Rathbun, CMCA

[Continues on page 9.]

On July 29, 2016 President Obama signed in to law H.R. 3700 which reforms the process used by the Federal Housing Administration (FHA) for unit owners who qualify for a mort-

gage with FHA insurance. FHA is a significant opportunity for many first time borrowers and also those seeking reverse mortgages in later years. Congress heard the CAI voices, along with others, and passed H. R. 3700 onto President Obama for signature. This is a prime example of what happens when CAI members band together and back legislation that effects condominiums. Legislation is vital and that is just one central aspect derived from membership dues.

Now that fall will soon be upon us, many Board of Directors will be concentrating on developing new budgets for the coming fiscal year. In order to look into the financial future, an examination of past years, a review of the current needs, an agreement of projects for the com-ing year along with a review of reserves are all critical segments of the budgeting process. Now is a good time to contact a CAI business partner to review current contract pricing, develop/revise specifica-tions, put contracts out to bid, update the current reserve plan and to consult with your Accountant.

One question that is often asked is how much should we be putting into reserves? The not so easy answer is…. each community is differ-ent. What is the construction materials of the buildings (wood, vinyl, composite plank, flat roof, pitched roof, how old are the shingles, metal, vinyl or wood windows), are there amenities (clubhouse, pool, tennis courts, playground), lighting (common hallway, bollard, front sign and street lighting, high pressure sodium, incandescent, LED)? Just on those few examples it is evident that there are many items to be taken into consideration and we have not even addressed roadways, driveways, sidewalks, hydrants, drainage, ponds, septic, city sewer, etc. In order to come to the proper conclusion, consider hiring a Reserve Specialist who will review all items, examine the life expectancy and assign a cost in a comprehensive, fully funded, reserve report for the association. The Reserve Specialist can also provide future updates in the coming years, thereby ensuring an on-going financially healthy reserve plan.

When successful communities are looked at, another important factor that you will probably find is how often the members of the community are communicated with, kept up with current activities, general news updates, current and future projects, the communities general financial health and what important issues are on the horizon. The communica-tion should be friendly, positive, concise, to the point and most of all remember that each one of us is here for the overall benefit of the other.

In conclusion, a well-run community is informed, financially healthy and a place where neighbors care about neighbors. After all,

“One question that is often asked is how much should we be putting into reserves?”

CONTENTS

From the Chapter Executive Director

Common InterestPublication Committee

Sam Tomasetti, CPA Chair Tomasetti, Kulas & Co.

Reggie Babcock Westford Real Estate Management, LLC

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

Bob Gourley MyEZCondo

Tim Wentzell, P.E. Connecticut Property Engineering

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

3 President’s Message 4 CED Message 5 Upcoming Events 5 Statutory Snippets 5 CAIs Policy on Training for Community Association Boards of Directors 6 New & Renewing Members 6 CAI Membership Application 8 Legally Speaking 10 Financially Speaking 12 Minimize Impact of Disasters By Planning Ahead 14 Communication Corner 15 Five Ways to Diffuse Potential Problems with Your Association 16 Ask Mr. Condo 18 Homeowners Column 19 Environmental Tip 20 Manager’s Column 22 Sustainable Solutions for Lake and Pond Management 26 Technical Explanations 28 Why Building Envelopes Matter During Blackouts30 Classified Advertising34 Index of Display Advertisers

Kim McClain

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SAVE THE DATE! Saturday, March 18, 2017

CAI-CT ANNUAL CONFERENCE & EXPO

Aqua Turf, Plantsville, CT

While Dorothy in the Wizard of Oz discovers that there is “no place like home,” we at CAI-CT share the same sentiment. As we are poised to officially celebrate our 40th Ruby Anniversary on September 29, 2016, we know that CAI-CT is your place to

find what you need to successfully run your association or business.After 40 years, we are not resting on any laurels. We are looking forward to presenting a

wider variety of programs and resources that will enhance your operations. At nearly 1,000 members, we are a very vibrant organization. We could not do what we do without those who support us.

When we are contemplating new education programs, there is a recurrent question that we ponder: How do associations that are not a part of CAI-CT manage to get things done effectively? How do they know when the laws have changed? How do they determine the best policies to have in place? How do they get ideas for saving money? Solving problems? Combatting apathy? Where is their place for getting support? With over 5,000 common interest communities in Connecticut, and approximately only 400 of those associations are connected to us through membership – we still have a long way to go to get those non-member associations into the CAI-CT fold. However, we are patient. We’ll keep trying…

Please note that registration is open for our 4th Annual Legal & Legislative Symposium. This is your opportunity to “be in the know” about legislative issues, changes in the law and to ask lots of questions of our phenomenal group of legal experts. AND… this year we are adding a wine & cheese reception to cap off the afternoon of legal learning. Don’t miss out! We have sold out in the past.

See you over the rainbow soon! ■

There’s no place like CAI-CT!

“After 40 years, we are not resting on any laurels.”



The Federal Fair Housing Act (42 U.S.C. 3601-3619) prohibits

discrimination in housing-related transactions with respect to religion, race, color, national

origin, gender, disability or familial status. Condominium,

cooperative and homeowners’ associations must not discriminate due to

one’s membership in a protected class.Avoiding fair housing violations requires

associations to be responsible for the statements and actions of those who work/volunteer on

their behalf including board members, community association managers, maintenance staff and real estate agents. It is important to ensure that ALL staff are knowledgeable about their fair housing

responsibilities.For more information, go to: http://www.nationalfairhousing.org/

Portals/33/PSAs/brochures/Associations%20Brochure.PDF. ■

UPCOMING CAI-CT EVENTS40th Ruby Anniversary Fall Fun Party & the CAMMIES Thursday September 29, 2016 • 5:30 p.m. - 8:30 p.m.Aqua Turf, PlantsvilleCAI-CT will be celebrating our 40th Anniversary at our Annual Night of Fall Fun! Our amazing CAMMIE Awards will be part of the celebration too! Buy your tickets today! $75 admission.Sponsorships are available for this event.

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

Sponsorships are available for this event.

SAVE THE DATE! CAI-CT Annual Conference & Expo Saturday, March 18, 2017Aqua Turf, Plantsville

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

Statutory Snippets…

CAI GOVERNMENT AFFAIRS:

CAIs Policy on Training for Community Association Boards of Directors

On August, 18, 2016, Community Associations Institute (CAI) Board of Trustees approved a new public policy to address the

issue of training for community association board members. Being elected to your board of directors of your condominium,

coop, or homeowners association is serious business. Nearly every state in the U.S. has law governing the authority of boards of directors of community associations. Community associations are governed by neighbors – homeowner volunteer leaders who are elected by and accountable to their neighbors to set policy for the community association.

The education of members of governing boards of community associations concerning their roles and responsibilities is essential to a well-functioning community. As a result, CAI finds education of governing board members to be critically important.

For state or local governments exploring the idea of legislat-ing education of community association board members, CAI encourages any mandated education requirement to focus on incen-tives and tools to encourage boards to utilize existing indus-try tools to achieve educational goals rather than create new process-es or burdens. Continue reading on CAI’s Government Affairs Blog. ■

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Community Associations Institute—Connecticut Chapter

• CONNECT with CAI6

CAI MEMBERSHIP APPLICATION1489 Main Street, Glastonbury, CT 06033 Phone: (860) 633-5692

MEMBERSHIP CONTACT:(Where membership materials will be sent)

Name: ________________________________________

Title: __________________________________________

Association/Co.: _________________________________

Address: _______________________________________

City/State/Zip: __________________________________

Phone (W):________________(H): _________________

Fax: __________________________________________

E-Mail: ________________________________________

Select your Chapter: _____________________________

Recruiter Name/Co. Name: ________________________

TOTAL MEMBERSHIP DUES*

Community Association Leaders & Homeownersr Individual Board Member or Homeowner $130r 2 Member Board $225r 3 Member Board $300r 4 Member Board $390r 5 Member Board $440r 6 Member Board $495r 7 Member Board $550

For 2-3 Member Board application please indicate below who should also receive membership materials. Please contact customer care at (888) 224-4321 for Board memberships exceeding 3.

Name: ________________________________________

Address: _______________________________________

City/State/Zip: __________________________________

Phone (W):________________(H): _________________

E-Mail: ________________________________________

Name: ________________________________________

Address: _______________________________________

City/State/Zip: __________________________________

Phone (W):________________(H): _________________

E-Mail: ________________________________________

Managers $142

Management Companies $430

Business Partners $590r Accountant r Attorneyr Builder/Developer r Insurance Providerr Lender r Real Estate Agent

r Supplier (landscaping, etc.) Please specify ________________________________r Technology Partner Please specify ________________________________

r Other - Please specify__________________________

Total Membership Dues above include $15 Advocacy Support Fee

PAYMENT METHODr Check Enclosed r VISA r MasterCard r AMEX

Account #:_____________________Exp. Date ________

Name on Card: _________________________________

Signature: _____________________________________Important Tax Information: Under the provisions of section 1070(a) of the Revenue Act passed by Congress in 12/87, please note the following. Contributions or gifts to CAI are not tax-deductible as charitable contributions for federal income tax purposes. However, they may be deductible as ordinary and necessary business expenses subject to restrictions imposed as a result of association lobbying activities. CAI estimates that the non-deductible portion of your dues is 2%. For specific guidelines concerning your particular tax situation, consult a tax professional. CAI’s Federal ID number is 23-7392984. $39 of annual membership dues is for your non-refundable subscription to Common Ground.

CONNECTICUT

NEW & RENEWING MEMBERS

Welcome - New Members

AssociationsThe Ridge Homeowners Association

Individual Managers Brian BergenJuan CastelanSonny CostelloTina DyerLynn Jackson, CMCAGregory Lukos, CMCAJohn Manouse

Thank you - Renewing Members

AssociationsBishop Meadows Association, Inc.Brookside Village Association, Inc.Clearview Hills Association, Inc.Condominiums at Center CourtEast Mountain Village Condominium Association, Inc.Forest Glen Condominiums of Middletown Association, IncForest Mews at AvonHunters Run Condominium AssociationThe Meadows Association, Inc.Meadowview-on-the-River AssociationNorthbrook Court Condominium AssociationNortheast Commons Condominium AssociationOxford Fells Homeowners AssociationRolling Hill Estates Condominium AssociationSeaside Village HomeownersSilver Ridge Owners AssociationSpring Lake Condominium Number Nine AssociationSpring Lake Village Association #6, Inc.Springhill Terrace Condominium AssociationTaylor Townhouse Condominium AssociationThe Village at Hunt Glen Condominium Assn.The Village at Oxford GreensWhite Oak Estates Association, Inc.Wooster Brook Condominium Association, Inc.Wyndemere Association, Inc.

Management CompaniesAudet Property Management & Real EstatePyramid Real Estate GroupThe Windsor Management Company

Individual Managers Julie Aurrichio, CMCADeana Barber, CMCAJeffrey Burmeister, CMCARobert Burrows, PCAMSteve Cabaniss, CMCAStephanie ChaseCarolyn ColemanDina Contarino, CMCAMathew DegennaroWilliam Flaherty, CMCADeborah Fuller, CMCAMark Gracia, CMCACrystal Koplar, Georgie Machado, CMCAMary Monteleone, Kelly Montesi, CMCAChet Perrotti, Rose Mary Raccio, CMCAJeremy Rosner, CMCARichard Smeriglio, CMCABenjamin Stueck, CMCA

Business PartnersAmerican Leak DetectionAvidia BankBender, Anderson and Barba, P.C.Collins Hannafin, PCCox CommunicationsM & S Paving and Sealing, Inc.McGowan Program AdministratorsNational Consulting Group, Inc.Peter M. Bakker Agency, Inc.Southern New England Home Works, LLCTomasetti, Kulas, and Company, P.C.

NOT A MEMBER?Sign up using this application...

or visit www.caict.org for details!



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

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

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

GOOD FOR 4.0 CONTINUING ED CREDITS

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

CAI-CT’S 4TH ANNUAL

LEGAL & LEGISLATIVE SYMPOSIUM

Proceeds to benefit legislative advocacy.

$50 CAI-CT members $75 Non-members

Session topics will include:

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

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

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

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

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

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

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

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

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

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



Adam Cohen, Esq.

LegallySpeaking...

A Healthy Piggy Bank

By Adam J. Cohen, Esq.

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Every community association should maintain a healthy reserve account. Reserves are the “piggy bank” which allow communi-ties to save up for capital improvements, unexpected obliga-

tions, and other special expenditures. Running an association without reserves is the equivalent of living paycheck to paycheck.

Except for conversion condominiums declared before 1984, no law specifically requires associations in Connecticut to maintain reserve accounts or imposes minimum balance requirements. Nevertheless, they are universally considered an important measure of the financial strength and stability of the community itself. In fact, failure to devote at least 10% of the annual budget to reserves every year for capital expenditures and deferred maintenance will make the community ineligible for FHA loans, which can disqualify a significant proportion of prospective buyers from mortgage approval. The unavailability of many financing options, coupled with the risk of large special assess-ments when major capital work is eventually needed, can severely impact the market value of units in communities with inadequate reserve funds.

Reserves are typically allocated from a portion of the regular com-mon charges paid by the unit owners. In other words, they are usually built in to the monthly charges approved in each annual budget. State law requires that the summary of the proposed budget prepared by the executive board every year must include statements of the amount of any reserves and the basis on which they are calculated and funded. Many communities will add a notation that says any unspent surplus from the other budgeted items will also be used to prepay reserves. Accounting records which relate to reserves must be kept and shared with unit owners on request, and the amount of reserves intended for capital expenditures must also be disclosed on all resale certificates for prospective purchasers.

The board must follow through on whatever the budget says about setting aside funds for reserves. If the budget says a certain amount of money is for reserves, when collected that money cannot be used for ordinary operating expenses instead. Although there is no specific legal restriction on how or when the funds can be taken out of the reserve account thereafter, their use should be limited to the capital or emergency purposes for which they were intended. Many older com-munities contain bylaw restrictions which generally require approval

of the unit owners before the board can spend money on capital expenditures over a fixed dollar amount (whether from reserves or otherwise). The bylaws of most communities do not have much to say about reserve accounts specifically, but whatever they say must be followed.

Communities are usually well-advised to conduct “reserve studies” to determine how much money will be needed to cover the projected cost to repair and replace buildings, roads, amenities, and other com-mon elements over a period of years. Consultants can help calculate these estimates with on-site inspections and also design a funding plan which will be adequate over time to meet their long-term financial needs. As Connecticut’s condominiums built in the 1970s and 1980s continue to age, this expert advice is often key to avoiding unexpected special assessments and expensive third-party borrowing later on. ■

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

“The board must follow through on whatever the budget says about setting

aside funds for reserves.”



PRESIDENT’S MESSAGE...from page 3.

the Board of Directors and members of the communities invest time, effort and knowledge each and every day to make the communities what they are. I am a firm believer that with dedication and commit-ment almost anything can happen and compromises sought if there is willingness on both sides of an issue

There are many volunteers and business partners who use best practices every day to support, bolster and grow the condominium industry. Congratulations on CAI-CT’s 40th Anniversary! We can attribute much of our success to those before us and also to Kim McClain and Ellen Felix in particular who show us their value in many, many ways each and every day. A hearty thank you and I applaud each and every one of you for the constant dedication and commitment you show us all! ■

Is the CAI Member Logo on Your

Website?

Display it with pride!



FinanciallySpeaking...

Daniel Levine, CPA

Your Association’s Accounting FrameworkBy Daniel Levine, CPA

When joining your association’s board, a major responsibility that comes with volunteering relates to financial records and reporting.

A key component to this is the accounting framework that the asso-ciation uses. An accounting framework governs how transactions are reflected in the financial statements and is therefore a critical piece to reading your statements.

This article will serve as an introduction to two accounting frame-works: cash basis and accrual basis.

Cash Basis vs. Accrual BasisSome rules of thumb for cash or accrual basis are:• Under the cash basis framework, expenses and income are recog-

nized when cash is received or disbursed.

• Under the accrual basis framework, income is recognized when earned and expenses recognized when incurred.

To highlight how the two frameworks affect your financial state-ments here are two examples:

Income:Your association decides to do a paving project and utilize a special

assessment to pay for it. The project is completed by June 30 and the assessment is due on June 1. However, some unit owners pay their portion on July 15.

Under accrual basis accounting the entire assessment is reflected in your income statement by June 30. Any unit owner who didn’t pay their portion would have an account receivable listed on the balance sheet.

Under cash basis your association would reflect income when the association receives the money. Therefore, the entire assessment would be shown in your income statement at July 15. No receivable would be present on your balance sheet during this time.

Expense:Your association conducts the paving project mentioned above. The

work is completed on June 15. Payment is not made until August 15.Under accrual basis accounting your financial records would show

the paving expense as part of your expenses in your June statements with a paving payable listed on your balance sheet until you make payment.

Under cash basis accounting your association’s records would not show any expense until the cash disbursement was made in August. No payable would be shown on the association’s balance sheet during this time.

As can be seen, the accounting frame-work will yield differ-ent statements from the same fact pattern. So why choose one over the other?

For the accrual basis of accounting: 1. Pro: This is the framework used with statements that follow gener-

ally accepted accounting principles (GAAP) in the United States.

2. Pro: The financial statements will reflect transactions based on the transaction’s economic substance, not cash movement.

3. Pro: The balance sheet will hold more information that can be used.

4. Con: The financial statements are more complicated to understand.

For the cash basis of accounting:1. Pro: Recording and generating the accounting records are simpler.

2. Pro: The financial statements are typically easier to understand.

3. Con: Depends on cash being received or disbursed for transactions to be reflected in the financial statements.

4. Con: The balance sheet will reflect less information

5. Con: Financial statements with this framework are not following US GAAP

Conclusion:While there are no right or wrong accounting frameworks, choosing

the framework will depend on an association’s information needs and cost threshold.

While a simpler framework might have a lower cost to the association, it could leave out valuable information related to decision making.

Regardless of the framework, knowing the framework used and the type of information that it provides will allow for a better understanding of your financial statements and which allows for better decision making.

If you have any questions on the basis your association uses or need additional examples please don’t hesitate to reach out to your associa-tion’s accountant today! ■

Dan Levine, MBA, CPA is a Certified Public Accountant at Tomasetti, Kulas, And Company P.C. Dan has extensive experience with tax and attestation services to condominium associations from all around Connecticut. Dan is an active participant in CAI-CT related events and can be found presenting accounting best practices at these events throughout the year. Dan is also a new member of our Legislative Advocacy Committee.

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Mike Cody

• Emergency telephone numbers for fire, police and emergency personnel.

• Emergency evacuation procedures.

• Comprehensive site map for utilities shutoffs.

• Easy access to appropriate tools and first aid kits.

• A list of contacts for HVAC, plumbing, electrical, generators and other specialties particular to your building.

• Partnership with a full-service restoration company.

Disaster can strike at any time. In seconds, everything can change. Everything can be stopped, leaving your community in jeopardy. In any disaster, quick response time draws a fine

line between recovery and irreversible damage. The first steps taken in the aftermath of a disaster are the most critical.

At some point, your community will feel the effects of a disaster. By planning ahead and partnering with a restoration company, your community will experience less interruption and rebuild/restore your community in a much shorter period of time.

Why Have a Partnership? Disaster recovery begins before the disaster. What you do before-

hand will save time and money. Since disasters don’t always occur during the 8 am to 5 pm work week, having recovery plans and authorizations in place can make a crucial difference when every minute counts.

Without a formal partnership in place, you could be faced with surfing the internet at 3 am after a disaster. At that point it is difficult to decipher qualifications, and you could be left selecting a contrac-tor that is not able to fulfill all the needs of your community. Pre-selection of a multi-faceted emergency service contractor allows you assurance that the unit owners, the tenants, the board of directors and your property management company will be in good hands. Selecting a contractor out of desperation could become more disastrous than the event itself.

Additionally, having a partnership, with a restoration company allows you priority services over others during a large-scale or region-al wide event. “We had more than 100 calls within a 24 hour period during last February’s freeze,” said Marc Mitchell, Operation Manager of BELFOR Connecticut, describing the two day deep freeze that hit Connecticut. “When this type of event occurs, we take care of our customers that we have partnerships with first, and then handle all other calls on a first-come, first-serve basis.”, states Mitchell.

Consider the EventYour community is more likely to be affected by smaller events

causing fire, wind, water or smoke damage. Planning for both small and large events is vital. What might be considered an annoyance to Board of Directors and Property Management firms could be ruinous to your community. Consider the following and the effects they might have on your community: water, fire, wind, smoke, mold, frozen pipes, earth quake, flood, hurricane, tornado, winter storm, and vandalism.

Water is the single most, long-term, destructive substance in the indoor environment. All structural materials and personal property, of every description, deteriorate rapidly in the presence of excess moisture.

A few inches of water on the floor will immediately soak into any porous materials. The humidity in the building can rise to damaging levels within hours.

Minimize Impact of Disasters by Planning Ahead By Mike Cody

The problem worsens when clean up and drying services are delayed. The window of opportunity to prevent mold development is within hours of the initial damage, not days or weeks. Having a resto-ration company respond to a disaster in a timely manner can greatly mitigate your loss.

How to Choose a Restoration CompanySelect an accredited organization that can handle all of your needs.

Choosing a company that can manage a job from start to finish eases

the transition from panic to possible. Focus on three key elements: expertise, capacity and experience.

Look for a company that has expertise in the services that you would need in the event of a disaster. Look for a company that under-stands and works in the Multi-Family markets:

• Apartment Buildings• Condominiums• Townhomes• Co-Ops• Mixed-Use Developments• Student Housing

Whether you’re a tenant, property manager or property owner, select a company with an industry-wide reputation for quality, dependability, fairness and honesty and make sure you choose a com-pany that is full service and an expert in their field.

EMERGENCY PREPARDNESS PLAN BASICS

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100 Trade Center, G-700Woburn, MA 01801

728 Bamum AveStratford, CT 06614

We guarantee we will deliver resultswhich exceed your expectations

160 Old Lyman Rd • South Hadley, MA 01075

WWW.1800NEWROOF.NETCT HIC # 575920 • MA HIC # 120982 • MA CSL # 070626 • RI Reg. # 36301 • ME CHARTER # 20110918F

855.552.6273

The company must have the capacity to handle a large loss at your community. Do they have a full services office that is located in reach of your facilities or do they operate a skeleton crew satellite office in your market? Do they have enough equipment and personnel to handle all types of losses? Are they adequately insured? Are they properly licensed to perform the work? Ask for references and years of experience. Whether you have a large or small community, find a company that fits and meets your needs.

Pre-PlanningA partnership with a restoration company will allow you to develop

and create a plan for your association. As with any plan, without prac-tice and proper training, it will remain useless. Create building and site maps that indicate all utility shutoffs, alarms, fire extinguishers, exits, stairways, restricted areas, and hazardous materials. Do a walk through with tenants, owners and property manages and show them system locations and how to shut them off.

Also include any external resources that could be needed in an emergency. Just as all staff should have access to the emergency plan, so should your restoration company.

The response and action taken during the first 24 to 48 hours after a disaster are critical to determining the speed in which your association recovers. Effective pre-planning and a partnership with a single source solution recovery firm have never been as important as it is today. Whatever the cause, disasters are now an established risk to every business and must be prepared for in advance. What is your plan to go from panic to possible? ■

Mike Cody is a General Manager with BELFOR Property Restoration headquartered in Wallingford, CT. He has over 20 years of industry experiences handling property related disasters for his global client base.

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munity executive boards, at least annually, shall adopt a proposed budget for the common interest community for consideration by the unit owners. Not later than thirty days after the adoption of a proposed budget, the executive board shall provide to all unit owners a summary of the bud-get, including a statement of the amount of any reserves, and a statement of the basis on which such reserves are calculated and funded. Section 47-261e. Resale disclosure statement must include the total amount of money held by the association as reserves. Section 47-264(5)”.

Does your community association do this? Are you compliant with the law? Are you compliant with your own governance documents with regards to your Reserve Fund? It is a topic whose time has come, in my opinion. As I continue to hear more and more stories of community association with underfunded Reserve Funds, I can only imagine it is a matter of time before Connecticut follows the suit of states like California, Delaware, Hawaii, Nevada, Oregon, Utah and Virginia where Reserve Studies are required under state law. It would be far better for your association to be ahead of the game before that happens. Even more importantly, your association will be in compli-ance with its own governance documents and your community will be financially strong. For me, that is the most compelling reason of all to adequately supply the Reserve Fund. What’s the deal with your Reserve Fund? ■

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

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Communication Corner...

Bob Gourley

What’s the Deal with Your Reserve Fund?

By Bob Gourley

Even though the State of Connecticut does not currently have legislation requiring community associations to prepare and observe Reserve Fund Studies or require that community asso-

ciations in our state make adequate Reserve Fund contributions each and every year, there is little doubt in my mind that we will see such legislation proposed and likely adopted in our lifetime. The reason is simple enough. Almost all community associations are required to create and maintain adequate Reserve Funds as stated in their gover-nance documents. Yet, Reserve Funds are often the first budget item trimmed in an effort to keep community association dues low. While this may seem politically popular, it is financially devastating to the long-term fiscal health of the community association.

Many states have enacted legislation dealing with community association reserve and operating funds to protect owners from fis-cal problems and financial hardship. More states may enact similar legislation as community associations continue to gain popularity. Currently, Connecticut is not one of the states that have enacted Reserve Study or Reserve Fund legislation.

There is no statutory requirement that a Connecticut community association conduct a Reserve Study. Not annually, not every three years, not every seven years, not at all! That means the most impor-tant tool for long-term financial planning for community associa-tions is not legally required. It is at the discretion of the community association, and most often, the Board of Directors, to determine if the association conducts a Reserve Study. Without one, the Board is simply guessing how much money should be contributed to the Reserve Fund each year. The Federal Housing Authority (FHA) has made it mandatory that condominium associations put aside no less than 10% of their annual income from common fees as a contribution to the Reserve Fund if they wish to allow FHA-backed mortgages within their communities. FHA’s 10% number is an “easy to measure” guideline but it is not a reflection of the real Reserve Fund funding needs of the association. Only a properly prepared Reserve Study will reveal how much money needs to be contributed to the Reserve Fund annually.

In 2013, CAI’s Foundation for Community Association Research pub-lished a Summary of State Reserve Laws. You can read all about it online at http://www.cairf.org/research/factbook/state_reserve_fund_laws.pdf. In Connecticut, there are some mentions of Reserve Fund requirements in a few of the Connecticut state laws. They cite “Condominium associa-tions shall provide in the proposed budget for the condominium adequate reserves for capital expenditures. Section 47-88e. Common interest com-

“Does your community association do this? Are you compliant with the law?”

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Five Ways to Diffuse Potential Problems with

Your AssociationBy Christine Segal, CMCA

There are challenges in managing every relationship. Keeping the board members and unit owners in your association happy can seem an impossible task. Board members may be unavailable

until something is at a breaking point. Unit owner conflicts manifest themselves in dueling accusations of rules violations and complaints. The time you are spending on the property may all of a sudden not be in line with the management fees your firm is being paid. How can you manage this property, and keep your sanity at the same time?

1. Stay CalmIt sounds easy, but is hard to practice. It is the tenth complaint from

the same person this month. They are unreasonable, but your job is to remain professional and collect the facts. They must put all the facts in writing (denoting dates and times the violation is occurring) so that the information can be passed on to the Board. It is self defeating to try and talk over them, louder than them or insist on getting in the last


word. Sometimes even being right is over-rated. Your goal should be to try and get the details with as little drama as possible, and the first step in that process is regulating your own temper and tone.

2. Remain FocusedIn any communication — a meeting, an e-mail a phone call, stick to

the topic. Consider yourself as much a moderator as a participant. If a communication drifts off topic, diplomatically remind the participants what is under consideration, and steer the conversation back on track. Work toward coming to an agreement of what next steps are before beginning a discussion on another subject.

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“How can you manage this property, and keep your sanity at the same time?”

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You Ask Mister Condo, Now Mister Condo Asks You!

Visit www.askmistercondo.com

ASK YOUR QUESTIONS...

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

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

R.F. from Litchfield County writes:

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

______________

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

J.W. from Fairfield County writes:

Dear Mister Condo,My association held a special unit owners meeting to vote on removing a board member. After the petitioner gave the ratio-nale for wanting the board member removed, there were com-ments from individual owners either in support of the removal or not. Do these comments have to be set out in detail in the minutes or can there be a general statement that comments from both sides were given? Thank you.

Mister Condo replies:J.W., I am sorry your association found it necessary to hold a recall

meeting. Minutes of association meetings and the business conducted therein are meant to be a summary of what happened. They are not a transcript of the event so there is no reason to include testimony for or against the removal of the unit owner as Board member. Quite simply, the Minutes should reflect that a meeting was noticed and held, a quo-rum was present, and the following business was handled. In the case of a recall meeting, the business at hand was the recall of the Board member. A motion was introduced, seconded, and discussed before a vote was held. The results of the vote resulted in the successful/unsuccessful recall of the Board member. There being no further busi-ness before the association, the meeting was adjourned. Unless your association’s governance documents require something different, that should suffice. All the best!

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

HHH Accolades for Ask Mister Condo! – The Ask Mister Condo website at askmistercondo.com was recently cited by TOPS Software on their blog as one of “10 More Community Association Management Industry Insiders You Should Be Reading”. You can read all about it at http://camblog.topssoft.com/10-more-cam-indus-try-insiders-you-should-be-reading. We are honored to be mentioned and are grateful for the recognition. As always, thank you for your support! ■

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Properly framing the communication about Reserve Planning can go a long way toward

getting buy-in from the Board and Owners.

For Boards:Your fiduciary responsibility is to maintain the property now and in

the future, and pass the cost to do this on to owners. This cannot be avoided. It is the responsibility of the Board to tell owners the costs of current deterioration and explain how it will be paid for in the future, even if the plan is to use special assessments. Tell owners how much and when to expect bills.

FHA and many states now require that Associations have Reserve Plans. So why wait?

A Reserve Plan can help stabilize Association fees by translating the cost of expensive and infrequent repair and replacement projects into stable reserve contributions. When these costs are escalated into the future, today’s contribution already factors in inflation. The operating budget will not fluctuate as much and the monthly fees will be more stable over the years.

A plan provides a roadmap into the needs of the future. It’s a communications device to assure the continuity of the association. Different board members over the years will be reading from the same playbook.

Many Boards think that making a Reserve Plan is synonymous with a hike in fees and they’re probably right. To overcome this, the planning proposed here breaks the process into three steps: a Physical Analysis; a Financial Analysis; and then a Funding Analysis. The first

Reserve Planning How to sell it? Just frame it right.

By William J. Chmura

This is Part 2 of a 5-part series

Homeowner’sColumn...

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two results are a simple statement of fact. The last step is a board deci-sion on how to fund it.

Knowing future cash flow needs allows the Board to more effec-tively invest the funds.

It’s almost impossible to get owners to voluntarily save indepen-dently for special assessments. The Board must take on that respon-sibility accumulating funds over time to be sure it is on hand when needed.

Explaining to Owners:The Board needs to convince owners that they are not paying for

a new roof in 20 years. They are paying the deterioration of that roof while they live there, no more, no less. Owners pay only their share. So, don’t ask owners to set aside $100,000 to pay for that roof replacement in 20 years. Explain to owners that they are paying their fair share of facilities which wear out while they live here, and only as long as they live there.

The response to those who resist it is to ask those who plan to be here in 10 years how they feel about that people who move out and do not pay for their fair share, knowing those who remain have to pick up the tab.

Tell owners that when they build up reserve funds, they earn inter-est and the overall cost of the plan is less expensive to everyone.

Remind owners that if you don’t do it now, then they’ll be faced with larger special assessments later – better to budget small and steady toward a plan than pay big and randomly.

Let owners know it will be more expensive later on if loans are needed. Commercial interest rates translate to a substantial additional project cost.


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Don’t just talk about planning. Showing owners a plan should convince them. Owners need to see that you are serious about this.

Tell them they usually get what they pay for. You cannot get much done if fees are overly suppressed. Property values will decrease.

Be sure owners know that new buyers are getting savvier about the value of adequate reserve funding. If prospective new buyers see lots of repair projects and few dollars to support them, then expect lower offering prices.

Watch for Part3 — Reserve Planning: The Process to create your own Reserve Plan. ■

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

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Manager’sColumn...

Being Practical, Part XXXIV

The Leaders’ Responsibility to LeadBy Reg Babcock and Rich Wechter, CMCA

In this column we regularly tackle various topics of interest to asso-ciation boards of directors with the intent of imparting practical advice. This column addresses the leadership role of boards of

directors vis-à-vis the owners who elect them. The respective respon-sibilities and roles of boards and owners are very different, but too often the leadership charge to boards is lost or neglected.

Fundamental to this topic is the basic principle that owners elect a Board that consists, ideally, of individuals with the time and ability to devote to the business of the community. The oversight of a condo-minium or homeowner association certainly is not as demanding as the oversight of a for-profit business. But in order to discharge their duty, the elected representatives must devote significant time inside and outside of meetings, usually over an extended number of years, to maximize their performance as a board member. Compare on one hand, the relative value of long-term board members, with years of experience on a particular issue for which they have received infor-mation in advance by the management company, with the outspoken unit owner on the other hand, who appears at only a handful of meet-ings and perhaps only one, offering an offhand opinion. And often that owner’s opinion is not completely informed, although that fact may not dissuade them from asserting their opinion with stridency and fervor!

Boards are empowered by statute and the governing documents to perform a broad range of functions. This grant of authority is most ten-able when the board members perform their duties diligently. A very few powers are reserved to owners. The governance of a commu-nity association is not a town meeting! For good reasons, the day-to-day, month-to-month management of an association is entrusted to a board of directors, with the expectation that they will make decisions in businesslike fashion. We can illustrate this important point by way of a bad example, that is, with the following scenario in which the board fails to lead and overly relies on the owners.

This hypothetical board is considering acquisition of additional equipment for its fitness facility. The board members have discussed among themselves the various options. They could at this point request the manager to research the various possibilities and make a recommendation. The manager can solicit ideas and obtain pricing from vendors and come back to the board next month with recom-mendations, and the board then can decide. No more than a month should elapse before a decision is made. But we have seen where, after a discussion occurs at the board level, that the president opens the topic for discussion at an owners’ meeting for everyone’s opinion, typically with no time limit on the discussion. Although the 2010 changes to the statute admittedly have invited more owner comment than occurred previously, those changes do not mean that the board should abdicate its decision-making responsibilities and allow a meet-

ing to get out of control. The usual result of an open-ended discussion such as this one is that there are as many viewpoints expressed as there are owners in attendance. At most, the board could poll the owners on their interests and preferences, but again, the results are usually inconclusive, and even a poll can become a divisive distraction in itself. Using its best judgment and trusting in its own resources, the board should make a decision and move on.

Here is another example, although there undoubtedly are many others. This scenario features the board that can’t agree upon a single budget to present to owners. The temptation is great, we understand, to invite owners’ views and participation in the budget process prior to ratification; occasionally boards may even consider submitting two budgets to owners. (This step would create a procedural and voting nightmare.). But again, it is the exceptional owner who can appreci-ate the range of considerations – long term and short – that go into a well-founded budget. Owners are empowered only to reject a budget if it is unacceptable, but the result of “tweaking” a budget or voting on two alternatives in the ratification process – in effect, going through the budgeting process again – almost always is a bad idea.

A final example of board leadership (or lack thereof) is the board meeting that allows for endless debate. Again, board members were elected to make decisions. Those decisions won’t always be unanimous or popular. But at some point, it is essential that the meeting chair call the question and then vote, even if the vote is 3 to 2. The board was elected to make decisions after obtaining appropriate advice. It must not shy away from its fundamental duty to make decisions, and do so promptly. The biggest failure of many boards is not making bad decisions – it is the absence of decisions, a paralysis of leadership. ■

The authors work for Westford Real Estate Management, LLC. Reg Babcock is Chief Operating Officer & General Counsel and Rich Wechter, CMCA is Senior Vice President.

“This grant of authority is most tenable when the board members perform their duties diligently.”

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One-third of Americans who are eligible to vote have never registered. Even worse, of those who have registered and are eligible to vote, fewer than 58 percent did so in the last presidential election.

More than 67 million people live in community associations; these individuals can play an important role in building their communities’ political power.

If you or others in your community haven’t registered to vote, CAI has made it easy for you. Register to vote at www.caionline.org/YourVoteCounts. Deadlines vary from state to state, so register today.

Every vote counts—and together, we can have a powerful impact and protect America’s communities.



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As lakes and ponds age, they are continually impacted by sedi-mentation and nutrient enrichment. Eventually, sediment and nutrient overload can lead to poor water quality and increased

algae and nuisance aquatic vegetation blooms. It is extremely impor-tant to establish maintenance programs for community lakes and ponds which also function as stormwater management facilities. A key feature of these programs is the ongoing management of invasive vegetation and algal blooms.

The repetitive application of pesticides as the primary strategy for vegetation control is not environmentally sustainable, and the man-agement focus is shifting towards non-chemical methods. In addition, due to tightened regulations and general public wariness regarding the use of algaecides and herbicides, it is becoming increasingly important to find alternatives for our aquatic vegetation treatment programs.

INTEGRATED PEST MANAGEMENT PLANIntegrated Pest Management (IPM) is a comprehensive approach to

pest management that includes many non-chemical strategies before

Shoreline beneficial emergent vegetation, along with properly sized aeration, either submersed or floating as shown here, are both strategies that can be employed in an Integrated Pest Management (IPM) plan for your stormwater pond.

Sustainable Solutions for Lake and Pond Management

By Shannon Junior


or along with the use of pesticides. The implementation of a long-term, proactive IPM Plan for algae and aquatic weed management helps to reduce the quantity of chemical products used, while still providing for a healthy and aesthetically pleasing waterbody.

There are many different potential components to an IPM Plan, including prevention, mechanical and physical practices, cultural controls, and biological solutions. However, not all of the strategies



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are practical or cost-effective for every waterbody. A critical phase in the development of a comprehensive IPM Plan is to evaluate which strategies will be appropriate for a specific site. However, many IPM practices are simple and inexpensive, and can be broadly applied for almost every waterbody.

PREVENTION STRATEGIESPreventing the introduction of sediment and nutrients into the

water, in the first place, can provide long-term benefits for water qual-ity. Many times, it can be achieved by very simple and inexpensive cultural practices. Establishing healthy communities of shoreline aquatic vegetation or allowing natural grasses to grow around the edges of a lake or pond will provide a filter for runoff, thus minimizing the sediment and nutrients entering into the pond. In addition, the vegetation will serve to stabilize the shoreline and prevent erosion and the introduction of more sediment into the water.

A buffer of grasses surrounding a lake or pond also makes a waterbody less attractive to Canada geese because they will not walk through vegetation over their heads. Since their bodily waste is an additional source of nutrients to a waterbody, preventing the presence of geese around the pond has its own benefits. Buffers surrounding the pond should be trimmed at least once per year and should be selectively managed throughout the growing season, removing any woody vegetation or non-native, invasive plants.

RESTORATION STRATEGIESOther IPM strategies are geared towards remedying the impacts

that have already occurred, and focus on the root causes of the prob-

LAKE AND POND...from page 22. lems rather than just the symptoms. For a lake or pond with severe algae issues, strategies that improve water quality can make a big dif-ference in the overall health and appearance of the waterbody.

Nutrient mitigation is a widely used practice that directly targets and inactivates the phosphorus in the water and bottom sediments of a waterbody. This technique can literally reverse the aging process and associated effects of nutrient loading. Phoslock® and alum are the two most commonly used products for this purpose. Product selection and program development would be based on site-specific conditions and the general budget for the project.

Another commonly recommended IPM strategy for water quality res-toration is the installation of an aeration or circulation system. Aeration improves the health of a waterbody by adding oxygen to the system. The circulating action converts phosphorus to forms that are not usable by algae as food. It also creates conditions that favor the growth of healthy green phytoplankton rather than the potentially toxic cyanobacteria spe-cies. The end result is a healthier pond with fewer harmful algae blooms, and a reduction in the need for chemical treatments.

CONCLUSIONWhile there are numerous Integrated Pest Management strategies that

can be applied as part of a long-term plan, it is important to consider all of the site-specific characteristics of your lake or pond in order to develop a successful and environmentally sustainable program. By implement-ing a comprehensive maintenance approach that employs a variety of water quality improvement strategies, the long-term result will be a more balanced waterbody that requires fewer applications of herbicides and algaecides to maintain it in a healthy and aesthetically pleasing state. ■

Shannon Junior is an experienced aquatic ecologist with SOLitude Lake Management, an environmental firm providing full service lake, pond, and fisheries management services through-out the United States.



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

Timothy Wentzell, P.E.


As community associations age, they have more and more large tasks that they must undertake

such as the replacement of roofs and the installation of new siding, after which they often assume there will be a bliss-ful period of no issues with these areas because anything that could happen would be covered by the manufacturer’s warranty. It has been our experience that an association often assumes, for example, that if the roof or siding leaks, not only would repairs to the roof or sid-ing be covered by the warranty, any necessary repairs such as to walls or ceilings would be covered as well. This, however, could not be further from the truth as a manufacturer’s warranty typically covers only the replacement of their specific product and does not cover any collateral damage to the structure.

For example, a roof membrane could have a nail pop through it or a small tear could occur. The repair suggested by the manufacturer could in some cases be no more than to add a 4” x 4” patch over the area. The association is then left to repair the ceiling and any other damage and that damage could be very significant depending on the location of the small tear in the roof membrane. Other issues might cause the repair to the membrane itself to not even be covered in some cases.

I recently had experience with an interesting case involving vinyl siding where the product itself was not even covered by the manufac-turer. In this case, sun reflecting off windows that were perpendicular to the siding caused extensive damage to the vinyl material. It turns out from the fine print of the warranty that it does not cover reflected sunlight, which surprised not only the association but me as well. My comment to the factory’s warranty department that their product perhaps should only be recommended for buildings without windows fell on deaf ears. Their proposed solutions included such suggestions as planting tall shrubs to block the sun or installing screens over non-opening windows, much to the chagrin of the customer.

Another interesting paradox that we run into frequently involves problems with the installation of a product (for example, a low-pitched type of roof where puddles remain on the roof despite the specifications requiring otherwise), where the installer often states to the association that the manufacturer will still warrant it and, in fact, they will in many cases despite the fact that this installation does

WARRANTY MISCONCEPTIONSBy Timothy Wentzell, P.E.

not meet building code requirements. Remember though that what they are actually warranting is only the membrane and possibly the underlying insulation (if it was their product) and does not cover damage to the structure. It is interesting to note that despite the fact that they will visit the site, inspect the roof, and issue a warranty, the fine print in those particular warranties states that the warranty may be void if the installation does not meet building code requirements.

I believe this begs the question of why does the adopted building code require some attributes such as, for example, a minimum pitch of ¼-inch per foot on a new roof or, for re-roofing a roof, the code has an alternate provision that positive drainage must be supplied. Both of these requirements should clearly preclude any significant puddling on a new or replaced roof. Why do these requirements exist? I believe that there are two reasons that the building code has these requirements. One certainly is, if a large puddle on a roof exists, as additional weight is added either from more snow or rain, the roof could deflect further, which would significantly increase the load on the structure and potentially result in failure. The second reason is to minimize the volume of leakage that would likely occur from a leak.

This relates once again to who covers what in a typical warranty. If the small tear in the roof membrane discussed previously was in a high spot on the roof, it is likely a cup or two of water may leak through, which would not cause significant damage. However, the same leak in a low spot in the roof structure could allow hundreds of gallons to enter the structure during a severe storm, once again raising concerns that this would not be a recoverable cost for the association.

One can easily envision leaking around windows or doors on a new siding application, for example, where once again this product is warrantied, but the ensuing damage is not or flashing leaks on a shingle roof or, as happens all too frequently, ice damming leaks caus-ing damage.

Is there any recourse for an association undertaking large projects such as these? One option that we typically include in our specifica-tions for these kinds of projects is to require the contractor who installs the manufacturer’s product to warranty both their workmanship and any collateral damage. However, even in conservative situations, this is often never for the length of time the actual product may be warran-

“For example, a roof membrane could have a nail pop through it or a small tear could occur.”

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tied. For example, on a pitched or flat roof or on siding projects, we often put in a five-year period for this contractor warranty in addition to the manufacturer’s longer warranty for their product.

As an alternative in order to offer the customer greater protection, manufacturers are now starting to offer what they refer to as a system warranty. This may cover a complete roofing system for example, albeit with certain caveats such that as all or most all of the prod-ucts used on the roofing system must come from that manufacturer. Typically, there is a supplemental fee for this warranty. At this point the manufacturer is then warranting the system as opposed to a fail-ure of individual pieces of the system. This greater cost may offer a higher level of comfort as in addition to warranting the system, the manufacturer will potentially also be in business for a greater period of time than an individual contractor. However, this can get confus-ing as well as many of the manufacturers offer multiple levels of their warranties which have different caveats and exclusions, so care still needs to be done to determine what is actually being warranted and for what type of events.

This article is not intended to raise unnecessary fears on the part of an association undertaking these kinds of projects, but merely to make them aware of these concerns and that a representation of a warranty may not be as broad in coverage as often assumed. However, a well-done project that meets the applicable requirements may lessen these concerns. ■

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



“Where were YOU when the lights went out?” was a famous slogan from the 1965 Northeast Blackout, but a better slogan in light of the more recent Superstorm

Sandy Blackout of 2012 might be “How did YOUR building perform when the lights went out?”

The blackout of 1965 occurred during a typical bitter cold stretch of weather in November of that year, affecting parts of Ontario, Connecticut, Massachusetts, New Hampshire, Rhode Island, Vermont, New York, and New Jersey. Over 30 million people and 80,000 square miles were left without electricity for up to 13 hours. The famous New York City Blackout of 1977 lasted from July 13-14, during a massive summer heat wave, and while it was confined to New York City and its surroundings, over nine million people were affected. And of course we all can recall the aftermath of Superstorm Sandy which hit landfall on October 29–30 in 2012, leaving an estimated 8 million people in the northeast without power, some for weeks after the storm clouds blew away.

History has indicated that the vast majority of people remain in their homes, if possible, during extended blackouts. When the power goes out, buildings are “dependent on whatever protection is provided by their walls, windows, and roof.”1 So how did YOUR building perform during Superstorm Sandy? Temperatures during the blackout follow-ing the aftermath of Sandy typically (and thankfully) stayed above freezing during the night and rose to the 40’s and 50’s during the day, compared to the winter and summer blackouts of 1965 and 1977 which occurred during much more temperature extremes. A study by the Urban Green Council recently showed “that during an extended winter blackout, the temperature inside a typical single-family house would be 35°F after three days. A typical high-rise apartment would drop to 45°F after three days, and then keep falling….In a summer blackout, temperatures in a typical all-glass apartment building would jump to almost 90°F, eventually rising to above 100°F.”1

The study further details the vast difference in indoor temperatures during a blackout for “high-performing” glass high-rise buildings, which would stay well above 50°F for more than a week after a power outage in winter, with brick high-performance high-rise buildings below 85°F for more than a week in summer.1

These findings further exemplify the need to make your building more “high-performing” and better able to withstand an inevitable

Why Building Envelopes Matter During Blackouts

By David A. Schaub

Cou

rtes

y C

AI-

CT.

power outage, whether it is for just a few hours during a summer thunderstorm or for days or more during a serious weather occur-rence like Sandy. Thorough building investigations can be performed to uncover common maladies such as missing insulation in wall and attic cavities. More heat is lost through walls than any other route – approximately 33% in an uninsulated home.2

(above) Missing insulation in 2nd floor bedroom wall cavities uncovered during a siding upgrade project.

Courtesy of The Urban Green Council

(right) Infrared cameras demonstrating heat loss in neighboring buildings compared to a ‘high performance’ building

Cou

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y C

AI-

CT.

“These findings further exemplify the need to make your building more ‘high-performing’ and better able to withstand an inevitable power outage...”

David A. Schaub



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Using infrared cameras, leaks can be pinpointed in the build-ing envelope, and poorly performing windows and doors can be identified. Leak testing on windows and exterior doors can then be compared to properly performing windows and doors for a thorough analysis of the entire exterior façade.

Mechanical deficiencies in your building such as improper ducting and improperly working HVAC equipment can also compromise the performance of your building. Improvements can be made to the existing systems such as retro-commissioning existing mechanical equipment for optimized performance, and installing remote datalog-gers to verify the ongoing performance and collect data quantifying the results of the improvements.

Cost analyses of typical building performance improvements can range in these applications from low cost improvements (retro-com-missioning) to higher cost improvements (window and door replace-ment). Once building performance improvements are initiated, energy savings can be predicted which will help building owners find incentives and financing to reduce or even eliminate out-of-pocket expenses for these improvements.

So how will your building perform the next time the lights go out? With improved building performance, you’ll be much better prepared to ‘weather’ the next storm. ■

David A Schaub is a Project Manager with The Falcon Group, Engineering, Architecture and Energy Consulting.

References:

1. Urban Green Council, New York Chapter of the U.S. Green Building Council, February 2014

2. Statistic from the National Insulation Association

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The Milford Bank Contact: Paul Portnoy, Vice President Vice President 203-783-5700 • 800 340-4862 www.milfordbank.com CAI-CT MEMBER

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CLASSIFIED SERVICES...from page 31.

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Adam Quenneville Roofing & Siding .. 13Avidia Bank ......................................... 19Bestech, Inc. ....................................... 25Bouvier Insurance ...............................11CondoLogic ........................................ 23Cohen & Wolf, PC .............................. 27The Falcon Group ............................... 15Hodge Insurance ................................ 29Leading Edge Exteriors, LLC ............... 9M&S Paving ........................................ 25The Milford Bank .................................. 2Mutual of Omaha Bank, Community Association Banking ............................... 13

New Look Painting & Construction ........ 19Perlstein & McCracken, LLC. .................25Sandler, Hansen & Alexander, LLC ........ 29Schernecker Property Services (SPS) . 22Seamless Roof Systems ......................... 21SOLitude Lake Management ................... 9Southern New England Home Works .........................Back CoverUnion Bank ......................................... 27V. Nanfito Roofing & Siding................. 24Webster Bank ..................................... 17

D I S P L A Y A D V E R T I S E R D I R E C T O R Y

CLASSIFIED SERVICES...from page 33.



3. Respond promptlyMaybe you do not have an answer, but a simple reply is a common

courtesy that goes a long way toward keeping people happy. The longer someone waits to hear from you the more irate they can become. When someone knows that you are paying attention to them, they will be much easier to work with on challenging issues. By offering a simple explanation that you are waiting for a piece of information, or for someone else to get back to you, this acknowledge-ment demonstrates that you know the other person’s time has value.

4. Be RespectfulThe first step in disagreeing, without deteriorating into an argu-

ment, is by sticking to the facts. Be objective, and as my teens would say, don’t be “judgy.” Employ neutral language in describing a situ-ation, or in asking for direction. Encourage others in the group to refrain from using disparaging language when discussing ideas and projects. Naturally, personal insults and angry comments damage working relationships, so be mindful of keeping the discussion cordial and professional. Describing someone’s ideas as silly, stupid or worse is equally as insulting as a personal slur. By keeping any communica-tion focused on facts, discussion about the appropriate next steps and possible resolutions can stay amicable and productive.

5. Follow-up in WritingYou have successfully negotiated a contentious issue by balancing

listening to all parties with asking the appropriate questions to sort out

FIVE WAYS...from page 15.

facts from emotions. Is your work done? The answer is, almost. Even when you believe an issue has been resolved, it may re-surface months later. For clarity it is a best practice to follow-up decisions with memos that outline the next steps and the outcome. This serves two purposes. First, it will expose any misunderstanding immediately. Second, it will serve as a record of how the issue was resolved.

The down side of community living is that there are times when no matter how effective and complete your communications are, some issues may not be resolved by the property manager and Board work-ing together. Some issues may require that an association seek legal counsel to determine what they can, and cannot do, legally. Boards should not ask that their property manager act as legal arbitrator, and property managers should not attempt to offer legal advice. In situations where there are legal implications, the best interest of the association is preserved by engaging an attorney.

Effectively communicating with all stakeholders is the bedrock of association management. This is a business that depends on all parties working together cooperatively. By maintaining a profes-sional demeanor and utilizing a neutral tone in your communica-tions with Boards and unit owners, unnecessary conflicts may be avoided, and a spirit of cooperation will be fostered. ■Christine Segal, CMCA is a Property Manager for The Property Group of Connecticut, Inc., and is based in their Stamford, CT office.

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