Friday, October 21, 2016
Ask the HOA Expert: Abstaining From Voting At a Board Of Directors Meeting
Question: If a board member abstains from voting at a duly called board of directors meeting is this abstention vote an affirmative vote?
Answer: No. The vote is not counted at all. But not voting may have the effect of a negative vote if a certain number of affirmative votes are required to pass a motion.
Question: A unit owner called and said their toilet is overflowing. Is the HOA responsible to clean drain lines that cause back ups?
Answer: It depends where the back up occurs. If the blockage occurs in a line that serves only one unit, it is common for the unit owner to be responsible for the repair. If the blockage occurs in a common line shared by two or more units, the HOA is usually responsible unless the source of blockage can be traced back to a specific unit.
Question: One of our residents has complained of a mold odor within their unit. The board has been investigating dryrot repairs in this building but has not decided on a repair schedule. What should we do?
Answer: If the board is aware of dryrot issues in this building and an unit owner has complained of mold issues, the board should order an air quality inspection immediately. If that inspection indicates dryrot >
Airborne mold in sufficient concentration can be a real health hazard, especially to those that suffer from asthma and other respiratory ailments. Take this issue seriously and proactively. The source of the mold, of course, could be from a source within the unit itself failure to use kitchen and bathroom ventilation, resident installed humidifiers, etc.. So, the source of the mold dictates the proper course of action.
Question: We have a disgruntled owner a former board member who publishes a newsletter following every board meeting filled with what he calls, "The Real Story". His spin is often inaccurate and filled with implications of wrong doing by the board. This behavior has been going on for years and he has cost the HOA thousands of dollars by delayed renovation projects, CPA audits and other expenses incurred to prove the boards innocence. No wrongdoing has every been discovered. But several board members have resigned because of the badgering and it is getting difficult to recruit replacements. Suggestions?
Answer: America is the land of free speech but free speech does not entitle someone to yell "FIRE" in a crowded theater when there is no fire. And just because a member makes claims does not require the board to react to it. To help counteract his misinformation campaign, the board should publish a recap of the meeting shortly after the meeting to tell the real story.
If this person continues to spread lies or defame board members, have the HOAs attorney send him a letter about the consequences for defamation of character which include charging him with legal expenses incurred by the HOA to put a stop to them. Hopefully, he will understand that there could be a high price to pay. The board should, however, be prepared to take legal action if necessary. Some people are slow learners.
Question: Our HOA has been in existence for a couple of years. The main entrance is very unattractive and needs lighting and a sprinkler system. The cost of these improvements would be 5000 and we only have 1000 in reserves What would be the best way to handle this matter?
Answer: The governing documents generally provide the authority the board needs to raise money to care for the common elements by special assessment if necessary. But have you done an Operating Budget that includes insurance, utilities, landscape care and other expenses >
Question: Our HOA has a entry gate with access control that uses smart cards which cost less than 5 each. The HOA charges 50. The boards justification for the high charge is to discourage multiple cards per resident.
Answer: It does make sense from a security point of view that only residents should have smart cards. If extras were easily and cheaply available, they would likely be handed out to friends and >
Question: Our board received a complaint about a resident running a business out of their home. They apparently ship a lot of items and the neighbor wants us to do something about it. Should we ban home businesses?
Answer: Banning home businesses is a bad idea since many people do it in a way that has no impact on the neighbors whatsoever. However, controlling how home offices impact the neighbors and the common area is a good idea. The HOA should have guidelines for home offices as they >
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Messing With The HOA Can Be Expensive
Most homeowners in a common interest development probably understand that it can be a real hassle to get into a dispute with the Homeowner Association HOA. Not so many, though, may know that it can become pretty expensive as well. A recent case from Californias Fourth Appellate District Court of Appeal makes the latter point abundantly clear. Rancho Mirage Country Club Homeowners Association v. Thomas B. Hazelbaker et al., August 9, 2016
Thomas and Lynn Hazelbaker owned a condominium in the Rancho Mirage Country Club development. The development was subject to regulations and CCamp;Rs which were enforced by the Rancho Mirage Country Club Homeowners Association Association. According to the Court record, heres what happened:
"In November 2011, defendants [Hazelbakers] applied for and received approval from the Associations architectural committee to make certain improvements to the patio area of their property. Subsequently, however, the Association contended that defendants had made changes that exceeded the scope of the approval, and which would not have been approved had they been included in defendants November 2011 application.
"On June 19, 2012, the Association sent defendants a request for alternative dispute resolution pursuant to [Civil Code 5930], identifying the disputed improvements and proposing that the parties mediate the issue. Defendants accepted the proposal and a mediation was held on April 8, 2013. A Memorandum of Agreement in Mediation dated April 9, 2013, was reached The agreement called for defendants to make certain modifications to the patio, in accordance with a plan newly approved by the Association The agreement provided for the modifications to be completed within 60 days from the date of the agreement. It also provided for a special assessment on defendants property to pay a portion of the Associations attorney fees incurred to that point
"The modifications described in the mediation agreement were not completed within 60 days. The parties each blame the other for that circumstance."
On September 4, 2013, the Association filed a lawsuit seeking specific performance of the mediation agreement. Subsequently, the parties reached an agreement regarding the modifications, slightly different from those agreed to in mediation. Those modifications were completed in September 2014. However, the parties continued to have disagreements about who should bear the costs of litigation to that point.
On October 15, 2014 the Association filed a motion seeking attorney fees. The motion was based on Civil Code 5975c which is part of a large body of law, commonly referred to as the Davis -- Stirling Act, concerning common interest developments. 5975c says, "In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorneys fees and costs."
On December 2, 2014 the trial court issued an order granting the Association 18,991 in attorney fees, plus 572 in costs. The Hazelbakers appealed.
The central question for the Appellate Court was "is a lawsuit to enforce an agreement that was reached during mediation or another form of ADR an action to enforce the governing documents in the meaning of section 5975, where the mediation was initiated pursuant to the Davis -- Stirling Act? And the Courts answer was "yes", at least in circumstances similar to this case. The Court acknowledged that the answer might have been no had the mediation involved other matters.
The Hazelbakers also questioned the amount the trial court had awarded. They should have been satisfied with what was assessed. The amount initially requested by the Association was 31,970. In any event, the Appellate Court upheld the trial courts figure of 18,991, noting that "It is well settled, however, that the trial court was not required to issue any explanation of its decision with regard to the fee award."
Finally, the Appellate Court noted that, as prevailing party in the appeal, the Association is entitled to recover its appellate attorney fees. That figure will be set by the trial court.
We dont know what the patio improvement itself cost; but we do know that you can add to that figure the Hazelbakers own attorney fees plus those of the Association.
This all started with a decision to depart from or modify the plans as approved by the Association. Typically, it would really be a bother to go back to the architectural committee and seek approval for the change. But it might have been a whole lot cheaper. Maybe theres a lesson there.
Bob Hunt is a director of the California Association of Realtors. He is the author of Real Estate the Ethical Way. His email address is .
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The Ethan Allen Disney Collection: Six Reasons to Spend All Your Christmas Gift Money On Yourself This Year
Forget about Christmas gifts. This year, its all about you. And the Ethan Allen Disney Collection. Your friends and family will understand, right?
After all, this first-of-its-kind collection is far from juvenile. No stuffed Goofy doll here. These surprisingly stylish pieces, described by the Orlando Sentinel as "funky" and "fresh" and by Refinery 29 as "playfully elegant" may just be impossible for you to resist.
"Ethan Allen teamed up with Disney, the makers of all our wildest childhood dreams, and together theyre bringing us a brand new collection thats both chic and cheerful," said Refinery 29. The full collection is set to be >
If youre successful in getting your brood to forgo gifts this year, heres an introduction to the Mickey and Minnie Mouse-inspired pieces youre going to want to get your hands on, ranging from "coasters to bedding to chairs with the infamous duo on them," said simplemost.
Character Chest: 1,599
Crafted from white oak and maple, the Character Chest "depicts - adorably - Mickey and Pluto talking an old-time selfie," said simplemost. A prime spot in a childs room would be the obvious choice, but this chest is chic enough to be used in adult spaces as well.
Bravo Chair: 1,479.00
Mickey Shadow Cabinet and Minnie Shadow Cabinet: 499 each
"Mickey and Minnie are a perfect pair, and so are these cabinets," said D23. "These are the ultimate his and hers nightstands for Disney fans."
Mickey Mouse Club Chair and a Half: Price not yet >
Large enough for cozying up with a loved one, this bright red chair and a half will make the perfect addition to our, we mean your, home.
Mickey Pull-Up Ottoman: 359
We all need a place to kick our feet up. This Mickey-shaped ottoman is adorable and practical.
Actually, we take back what we said about Christmas presents. The collection also includes several reasonably priced gift items, like this cute six-piece coaster set.
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8 Amazingly Easy Tips For A Pet-Friendly Home
For many of us, its an absolute pleasure to share our homes with our four-legged best friends. But theres no denying that our pets can sometimes lead to wear and tear on our homes. Yet with careful planning and some redesigned elements, we can enhance our house so that its conducive to our pets and ourselves. If you live with a beloved pet, the following design trends and home-living tips are sure to promote a home thats comfortable for everyone -- and everything -- that lives there.
Avoid Wall-to-Wall Carpeting
If you have wall-to-wall carpeting, your guests are bound to note from the moment they enter your home even if pets arent present that you live with animals. In spite of routine cleaning, carpeting harbors pet odors and allergens. If you cant live without carpeting, opt for a low pile thats easy to clean. You might also consider adding easy-to-clean area rugs in your home -- just be sure to add slip proofing beneath these rugs to keep them secu>
A hallmark of a pet-friendly home is durable flooring. While hardwood and eco-friendly bamboo are durable, they may show wear and tear i.e. scratching sooner than a concrete or tile floor will. Your pets likely spend considerable time on the floor, so it makes sense to install flooring that is ideal for them. You may also want to consider other pet-friendly types of flooring like vinyl and linoleum. Be sure to research your flooring in order to choose the best type for your home and your particular pet.
Install a Dog Door
Many homeowners love the convenience of a dog door, which allows dogs and even cats to let themselves in and out of the home as they need. With a dog door, you dont have to rush home from work to ensure that your dog gets out on time and you dont have to worry about forgetting to let your pets in and out. You can also opt to install a custom door that includes pet-friendly access within its design.
Even if you have strict rules about no pets on the furniture, there comes a time when your pet is bound to leave a mess on your fabric. By choosing stain-resistant materials, you can take the headache out of pet messes. Similarly, easy-to-clean fabrics like microfiber will also hold up to pet wear and tear better than many other types of fabric. Leather is quite easy to clean, but if you have large dogs youll need to take extra care with their nails to ensure that your leather upholstery isnt punctured or scratched.
Built-In Feeding Station
Do you ever wish you could fill your pets water bowl in place? When you create a custom feeding station, you can install a faucet that allows you to fill up your dog or cats water bowl right in its place. You can also install attractive cabinetry where you can store your pets food and treats. This type of station is easy to integrate into a kitchen, mud room, laundry room or wherever you choose to feed your pets.
Although many people dont mind snuggling with their pets, others may dislike the wear and tear four-legged creatures impart on bedding. If you dont allow your pets to bed with you, you can still enhance their comfort by getting them a deluxe bed that brims with comfort. With so many >
Pet urine can lead to unsightly patches on your lawn. To keep your landscape looking its best, consider installing an outdoor area behind your home where pets can take care of their basic needs. You can also install hardscaping, which makes cleaning up after pets a breeze. Concrete is not only effective as a hardscaping material, its also an affordable option.
To keep your pets from becoming bored when youre working or busy with household chores, add a pet apparatus to your home. Cats love to climb and look out of windows, while dogs often enjoy dog housing where they can >
Naturally, youll want to make any changes to your home with your pets in mind. With these general tips, youll be able to create a pet-friendly environment that youll love as much as they will.
Andrea Davis is the editor for HomeAdvisor, which helps homeowners find home improvement professionals in their area at no charge to ensure the best service in the shortest amount of time.
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Smart Investments In Your Kitchen Cabinetry
At an average of 50,000, a kitchen remodel is a major undertaking. A good return on that investment means different things to different people. You may be considering resale value, your bank balance at the moment, the elements of your dream kitchen-or all of the above. Whatever the case, kitchen cabinets are a key component of every remodel.
In order to make the best choices for your particular needs and desires, and to make an investment of time and money that really pays off, a little homework is in order. Lets get you started with a little background on the basics that will have you making decisions with confidence and cooking in >
Talk to the Pros
When it comes to considering the return on investment for remodels, youre really talking about what your home will sell for after that remodel is complete. No one will be able to answer that question better than real estate professionals and professional interior designers who work in your neighborhood. Consult with at least one of each to find out what finishes and extras other clients in your area are looking for, and what theyre willing to pay for those amenities.
Start With a Great Floor Plan
So much happens in the kitchen-a good floor plan can really help you direct activity flow in that high-traffic space. Buyers are looking for their dream kitchen, and they are surprisingly informed about what makes a good floor plan. Make sure your cabinets are conveniently placed for maximum accessibility. Whether thats surrounding the refrigerator with floor-to-ceiling pantry cabinets, or giving up some cabinet space in order to mount the oven on the wall, think carefully about how you operate in the space. Where are the prep, cooking and cleaning zones in your kitchen, and how will cabinetry best serve them?
Keep It Simple
Any real estate agent will tell you that, if resale value is a consideration in your remodel, you should avoid ornate or trendy >
Make a Good Match
Of course, open floor plans are very desirable right now, so thats definitely a consideration to make if your remodel budget will allow it. If youre already working with an open floor plan, be sure that your new cabinets are faced with doors that complement the design >
Its All in the Details
With kitchen remodels, it really is all in the details. One thing buyers today are willing to pay for are those little extras that make cooking and cleaning a much more pleasant affair. Roll-out drawers are definitely worth consideration and are really not the budget buster most of our clients expect them to be. A vertical, pull-out pantry near the fridge or cook top is another favorite, as are quiet-close drawers. We love the look and warmth of under-cabinet lighting, which also makes for great task lighting. And while glass front cabinets are not for everyone, if you do make that choice, be sure to go the extra mile with interior lighting-it makes the kitchen a show stopper.
The Nitty Gritty
Now youve got a sense of the choices and amenities available and those that buyers are currently looking for. But when it comes to a return on your remodel investment, what should you look for in the cabinets themselves-high-end for the high rollers or down-and-dirty to make that sale? Its true that you can see the difference in upscale cabinetry created from specialty woods, but most buyers arent expecting that extra. On the other hand, you dont have to be a real estate agent or designer to spot cheap cabinetry, and buyers definitely dont want to walk into a kitchen they know theyll have to remodel themselves.
In our experience, there are lots of quality, mid-range cabinets out there that give you the best chance of making your money back. You need cabinets with the design and craftsmanship that allow you to offer those quiet-close drawers and sliding shelves in the cabinets, and finishes that work with all kinds of design >
What are you looking for in your next set of kitchen cabinets?
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You May Think Its Trash But It Could Be Treasure
|Award winning interior designer, Kerrie Kelly, writes for The Home Depot about what kitchen remodel features will give you the most resale value. For more info on kitchen cabinets like the ones Kerrie talks about in this article, visit the Home Depot here.|
Stephen Ranger walked into "one of the worst houses in the city" and found a rolled up blanket under the bed. The find -- a Second Phase Navajo chiefs blanket worth more than 100,000, -- was unexpected. A find such as this is rare, says Ranger, vice-president of Waddingtons Auctioneers in Toronto, but it does happen. So when you decide to downsize or purge, its a good idea to call in an expert before you toss everything in the trash.
"Theres never a downside to calling in a local auction house to do a quick walk through," Ranger says, adding a Waddingtons expert costs 200 per hour. "It gives peace of mind."
"If you think something is worth money, chances are it isnt. If you think something is worthless, theres a possibility it may not be," says organizing company Downsizing Diva co-founder Karen Shinn. "Two sisters asked an antiques auctioneer to visit their house and look at their most valuable possession, a dining room set. It was the biggest thing in their house, they had spent the most money on it and used it for important times -- it had emotional value.
However the auctioneer told them it was worth about 400. Then he asked about the two vases sitting on the buffet. The sisters were going to donate them to a church yard sale. Those vases were Moorcroft," Shinn says.
Old magazines, postcards and even vintage cereal boxes are among the items people think are worthless but can actually have value, she says.
"When youre downsizing and want to make sure you dont get rid of valuable items, the best advice is to do your homework. There are a lot of resources out there -- the Internet, antique and art appraisers, books, senior move managers -- so check to make sure you have an idea what something is worth before you let it go. Items may have heart value to you and your family, but when youre talking about dollar value do your research."
If you have something thats been in the family a long time, you may want to have it checked out, Ranger says. "Send a photo to your local auction house." The auction house should give you feedback about whether its worth auctioning or not.
Larger cities usually have qualified specialists working for established companies. "What you want to avoid is someone who comes in and scoops up that van Gogh in the closet," before you know whats happening, Ranger says.
However be prepared for the negative too. The value of most household goods has depreciated, he says. "The next generation doesnt collect like the last one.
Millennials are not collecting figurines or traditional furniture." That said, there are collectors for just about everything, antique, vintage, new and everything in between.
"Every fall when our crews go into homes during back-to-school season we come across valuable items that parents were ready to toss that are actually worth quite a bit of money to collectors," says Mike Thorne, president of St. Catharines, Ont.-based JustJunk.com.
JustJunk and Shinn have been in the business for 15 years each and put the knowledge theyve gained over the years to work to help their clients spot treasures. It doesnt mean theyll catch everything of value, but a seasoned eye is an asset to your downsizing/purge project.
Here are some of the top kids items with money-making potentialthat JustJunktells parents to look out for when decluttering:
Pokemon: Pokemon Go may have taken the world by storm this summer, but theres plenty of money to be made from the original Pokemon for Nintendo Game Boy. Original game cartridges in good condition are selling to collectors for a few hundred dollars.
Polly Pocket:These tiny dolls and play sets that were popular in the early 90s can fetch 500 or more if theyre in top condition.
Furbies:Launched in 1998, these strange owl-like robotic creatures are still highly sought after. Collectors will pay about 600 for one of these guys in mint condition - sometimes even higher if its in the original packaging.
Harry Potter:If you happened to get on the Harry Potter train early and bought a 1998 first edition of the first book in the fantastically popular series - Harry Potter and the Philosophers Stone - you could be in for a payday. Copies in great condition are currently selling for about 6,500 each. Add a signature from author J.K. Rowling and the price more than doubles to about 15,000.
LEGO:Some LEGO sets and mini figures can sell for hundreds of dollars to the right collector. Before getting rid of any LEGOS, its a good idea to check online to see whats hot on the collectables market.
If you have the time and the inclination, you can search items on the Internet to get an idea of their worth. Consignment shops, selling items online and garage sales are ways to cash in on your unwanted items. But you have to gauge whether the time spent will be worth it.
When they are downsizing, people typically make three piles -- keep, donate and toss. Adding a fourth pile could make good financial sense.
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How Color Help Sell Your Home
Yes Just like curb appeal matters, the colors of your home can and will influence buyers. With that in mind, we explore which colors tend to appeal to the masses.
The color scheme of your home, from the outside in, sets the tone. Its like going to see a theatre play and seeing an intricately crafted and appropriately painted set for the production. It can immediately intrigue youbefore the play has begun and even if you know few details about the play.
When it comes to color, be sure to consider the location. A peach-pink home in a retirement community might be okay, but that same color in an upscale, urban city may be unappealing to younger city dwellers.
The outside of your home is one of the largest areas potential buyers will see. So make your decision carefully and be sure to have a professional paint job done. If you choose white for the exterior, your home is likely to appeal to the masses, according to one study that indicated upwards of 40 percent of people liked white homes.
The great thing about a white home is you have plenty of options to make the home stand out by using an accent color for the trim. The downside is that white gets dirty very fast and shows it more than other colors. So before you list your home, make sure that you have a fresh coat of paint applied or pressure wash the exterior to bring back that newly painted look.
Also take into consideration the color of other homes on the block. Typically, white will not look out of place. However, if you had a purple home on a block where the homes are mostly beige and neutral colors, youll get noticed but wont likely get the kind of attention you want.
Beige with neutral-colored trim is another popular color scheme. Both beige and white are safe exterior colors. They dont turn buyers off.
Theres also been a trend to paint just the front door a deep, rich color like red. This may not be appealing to all. However, buyers would tend to overlook it because its a simple change as well as one that can easily and cheaply be changed to the new buyers choice. As long as the colors look good together, this wouldnt necessarily turn buyers away.
The paint inside your home is equally important. In fact, one good tip for sellers is that if they can do nothing else, they should get some fresh paint up on the walls. The new paint helps showcase the home and gives it a new-home feel.
There are a wide variety of interior colors. Dont feel like you have to go with only beige. You can be a little more daring, using bold accent colors. Just make sure the paint colors you choose dont give a dark, closed-in feeling. Aim to create comfort, a sense of calmness, >
For a more chic and sophisticated look, interior designers often choose from the grey palette. A dark grey color can create a bold statement and attract the eye to a particular area.
Whatever colors you choose, remember that your aim is to appeal to the masses. Test the colors out first. Get opinions from the experts.
Your real estate agent has likely been in hundreds of homes and can offer you some very good guidance.
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Breaking Down The 50 Worst Cities To Live In
People looking to buy a new home or potentially >
You know, those cities where the home prices so far exceed the national average you need the income of a small, oil-rich country to afford to buy there?
Or one whose real estate market and/or job market is stagnant, or worse?
Or one with a crime rate that is enough to scare off literally potential buyers?
There are also lists that outline where not to buy for these and various other reasons, like this one from 24/7 Wall St. that whittled down 550 cities into a scroll of "Americas 50 Worst Cities To Live In." Their methodology was based on data "in nine major categories: crime, demographics, economy, education, environment, health, housing, infrastructure, and leisure."
Many of the cities on the list are expected - places like Detroit that have been hard-hit by the economy and show few signs of recovery more on that below. But, you might be surprised by the No. 1 city on their list of: Miami.
"No city in the United States is worse to live in than Miami," they said. "The citys median home value of 245,000 is well above the national median of 181,200. However, with a median household income of only 31,917 a year, well below the national median of 53,657, most of these homes are either out of reach or a financial burden on most Miami residents."
Unlike the images of seaside mansions and bikinied beachgoers that may spring to mind when you think of Miami, it turns out the city is not all glitz and glamour, thanks to a mindboggling disparity between the tippy-top of the citys wealthyand everyone else.
"According to recently >
Second on the list, the aforementioned Detroit, whose problems have been well-documented. Low home values and a high poverty level, not to mention the citys bankruptcy in 2013, make progress a challenge. But the high crime rate and educational issues might be the most upsetting factors.
"Although its hard to pick out the citys biggest problem, crime is a worthy contender," said Area Vibes, who named Detroit No. 1 on their list of worst cities. "A criminality rate thats 155 above the national average will have residents huddled in their homes after dark. Detroits struggles extend to the >
Detroit was also No. 3 on Neighborhood Scouts website of the Most Dangerous Cities. This site breaks out crime rates by violent and personal, and then further breaks down the data by type - a useful tool for those who want specific info >
The rest of the "worst" according to 24/7 Wall St. include:
3. Patterson, NJ - "Like many American industrial cities, Patersons economy is no longer prospering as it once was," they said. "More than 30 of the areas residents live in poverty, nearly double the national poverty rate."
4. Hawthorne, CA - "The poverty rate is not as high as in some other cities on the list, but the home values that are just astronomical make it near impossible for many of Hawthornes residents to afford a home," said Cities Journal. "It should also be pointed out that Hawthorne is a very polluted city where the air is hazardous about 15 percent of the year. The national median is about 6 percent."
5. Fall River, MA - "The median household income in Fall River is only 35,037, just roughly half the income a typical Massachusetts household earns and about 18,500 less than the income the typical American household earns," said 24/7 Wall St.
6. Birmingham, AL - Low home values, low incomes and a poverty rate of 30.5 - almost double the rate across the country - put Birmingham on the list.
7. Memphis, TN - Despite its deep musical roots, Memphis has experienced hard times of late. About a third of those in the city are living in poverty and violent crime is nearly five times higher than the national rate.
8. Flint, MI - The city of Flint, Michigan "has seen more than its fair share of struggles in the past few years, said Business Insider. "Its known as one of the most dangerous cities in America, and the poverty that afflicts the city is part of the reason its residents have been exposed to such dangerous levels of lead," which led to a state of emergency in the city. Flint has the second - highest poverty rate of any city in the U.S., at approximately 40.
9. Cleveland, OH - At just 24,701 a year, Clevelands median household income is the second lowest in the country, and its 39.2 poverty rate the fifth highest.
10. Gary IN - "Gary was called the murder capital of the world in the 1990s, but violent crime is down dramatically in Gary in recent years," said Forbes on their list of Most Miserable Cities. Still, the city is "plagued by high foreclosures and migration out of the city."
In fact, 24/7 Wall St. reports that, "Garys population is shrinking faster than that of any other U.S. city. The number of people that call Gary home has dropped by 26.7 in the last decade and by 25.5 in the last five years. A declining population is not especially surprising given the citys bleak economic conditions."
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Apathy And The Condo Owner
Question. I live in a condominium development consisting of more than 200 townhouses. Our Bylaws state that to have a quorum, we must have a majority of the homeowners of the Condominium Association, either in person or by proxy. A majority did not attend the recent annual meeting, either in person or by proxy. The Board of Directors said we could not elect new Board members or have an official meeting because there was no quorum. We returned for second meeting and again could not meet the quorum requirements.
A few of us about 100 in person and by proxy are quite upset because we cannot elect new members to the Board or have our concerns raised with respect to such items as budget, maintenance and repairs. What recourse do we have?
Answer. If down the road you ever get the chance to amend your Bylaws, drop the quorum requirement down to 33 1/3 percent.
Unfortunately, those of us who work in or with community associations have to admit that apathy is often very strong. Indeed, often the reason given why people are purchasing a condominium unit is because they do not want to get involved anymore. They do not want to shovel the snow, or to cut the grass. They want others to handle all of these matters.
The most obvious answer I can give is to sell your unit. You are facing the beginning of what appears to be significant problems in your community, and if a majority of owners are not interested in casting their votes either in person or by proxy, the democracy of the community will fall to the will of the minority.
Obviously, it is clear you do not want to sell but would like to get more deeply involved in the day-to-day activities of your Association. I suggest you start a major political campaign within your community, quite similar to the political campaigns of candidates for public office.
Ask the Management Company for the names, addresses and phone numbers of all unit owners -- whether they reside in the complex or are absentee owners. This should be public information, although I dont believe that private phone numbers should be >
Before the meeting it will be your responsibility to line up as many proxies as possible. Even if you have to stand on the street corner when people are on their way to or returning from work, you have to educate your fellow owners about the serious nature of the problems within your Association.
The purpose of the special meeting should be to elect directors so that the Condominium will be run by the will of the majority. If it is a special meeting, the only business that can be held is that which was spelled out in the meeting notice.
One caveat: read your Bylaw provisions on proxies. There may be restrictions on the number that can be given any one owner.
You also should have a lawyer review local law to determine whether there are any comparisons that can be drawn from corporate law. Often, there are provisions in the law dealing with the inability to obtain a quorum, and there may be other legal avenues available to you that have not yet been addressed.
I also suggest you plan to run for the Board of Directors. Obviously, you are concerned enough about the stability and the future of your Association, and people like you should not sit by on the sidelines. You should get involved; that is the essence of condominium living.
One final solution is to go to court and have the court appoint a receiver to run and manage the Association until the Board has an opportunity to establish a new election. I am not advocating this severe remedy, because it is not only time-consuming and expensive, but the courts should not get involved in running your own Association.
After all, the court might take the position that if the membership of your condominium is not interested in attending the annual election or even giving proxies, why should the court get involved?
Unfortunately, the problems facing community associations today are varied and complex. The condominium is a community. It has to be run by a strong Board of Directors, with full authority from the membership. The Board, however, must recognize that, like any other elected official, it owes its allegiance and gets its authority from the community at large.
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Et Tu, Draperies? The Rise of Roman Shades
Sometimes, regular blinds just wont cut it. Your living space is warm and inviting, or bright and energetic, and adding regular or faux wood blinds feels a little too ordinary. You need a little more character, a little more texture, or you want to add some color to your window treatments. This is a perfect time to consider adding roman shades for a >
The Benefits of Roman Shades
Roman shades, also known as roman blinds, are window coverings used to block out intrusive sunlight while giving your living space a modern look. But unlike standard blinds, these are fabric treatments, which stack up evenly at the top of the window when pulled open. When they are down, theyre flat or hobbled, and their fabric is typically more adept than standard blinds at blocking out sun and keeping rooms cool or warm in the winter months.
Since these shades are fabric, the color and design options are seemingly endless. Roman shades come in every solid color in the spectrum and hundreds of patterns and designs to fit any room of any home. They also come lined or unlined, so you can decide whether you want some sunlight to peek through or you want complete darkness.
Choosing the Fabric and Size
To decide on what sort of fabric you want for your roman shades, consider what you need the shades to do and what matches best with your living area. Is your furniture patterned or solid? Consider countering it with an opposite look in your shades.
Choosing the "face fabric," or the fabric you will see in the room, as well as whether a liner is present, is important, because it will change the look of your room and determine the translucency and maneuverability of the shades. Lighter colors and thinner materials versus darker colors and more rigid fabrics are self-explanatory. Take a few samples, hold them up against an open window, and fold them in your hand to determine how much light they do or do not block, and how flexible theyll be when you raise and lower them.
Once you figure out your preferred material, as well as the color and pattern, think about whether you want the shades to be >
There are a number of other aesthetic choices when it comes to roman shades, and once you have all the bells and whistles ironed out, its time to decide on how to control the shades. They can be raised and lowered with different cord systems, or they can be remote controlled using a small electric motor.
Its important to know before you purchase the shades whether you want to install them inside or outside of the window frame, as this will affect the size of the shade. Installing shades on the inside of the frames is the most common approach; you just have to make sure the frame is wide enough.
As with any installation, measurement is key. Carefully measure your windows based on the inside or outside mounting, and follow installation instructions closely. Specific installation instructions will vary based on the type of shade you choose.
Viola You have new, modern, beautiful roman shades accenting your home, adding even more character and comfort to your living space.
Katie Laird is the Director of Social Marketing for Blinds.com and a frequent public speaker on Social Media Marketing, Social Customer Care and profitable company culture. An active blogger and early social technology adopter, you can find her online as happykatie sharing home dcor, yoga, parenting and vegetarian cooking tips.
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Effective Communication In Your HOA
Communication is both a skill and an art form. When babies cry, the motivation is to get their needs met. Meeting the needs of others is nowhere in a babys method. While infant communication is primitive, it is highly effective. A crying baby gets fed, diapers changed, burped, etc. With maturity and training comes more sophisticated and usually less self-serving ways to communicate. Homeowner associations are charged with communicating with the members. The reasons for communicating vary including:
Socialization. As moderns become more isolated from each other, the need to find connecting points becomes more important. HOAs can provide a platform to coax members out of their isolation by offering volunteer opportunities and social functions. Introducing the members to new residents through newsletters grooms the connections as well. A Welcoming Committee not only provides the human touch, it can provide early warning about important HOA rules and regulations so that newcomers dont inadvertently get crosswise with the HOA from the get go.
Paying the Bills. There are few things more immediate and urgent than collecting HOA fees. Without money, HOA services suffer or are curtailed. Without money, maintenance lags and property values drop. So, getting 100 payment compliance is extremely important. While the hope is that it is done voluntarily, sometimes it must be coerced by legal means. But even when lawyers are brought into the matter, a carefully worded demand letter can produce quick results.
Getting Compliance. Every HOA has rules. Hopefully, those rules are few, necessary and not overly intrusive. When a rule is made, explaining the need for it and the goal in having it can go a long way to encouraging compliance rather than defiance. Whenever a rule is being contemplated, the board should always, always, always solicit member input. This tactic reduces the likelihood of challenge.
Communication comes in many shapes and sizes. The common ones include signs, newsletters, meeting minutes, postings, emails and the HOAs website. These communications can have a variety of meanings: to inform, to warn rule violations, to invite summer social and to congratulate kudos for a job well done.
The more the words, the less the meaning. When it comes to effective communication, less is more. Use words economically. This takes thought. In conversation, many words are used to test impact on the listener. So, in conversation, its not uncommon for the same thing to be repeated with different words in an effort to embellish or give greater impact to the meaning being conveyed. If folks write the way they talk, their writings, would ra>
Words have both strengths and weaknesses. One weakness of the written word is that it may be read by an unintended audience which doesnt have the background the writer needs to be understood. Another pitfall is that some of the audience may be prejudiced against the writer and refuse to understand the communication the way its intended. These folks will actually take the message, add their own spin and circulate the "real story". A war of words ensues. The time and emotional energy it takes for damage control may discourage future communication altogether.
As it is written, "In the beginning, there was the Word." Words are with us forever. Its what we do with those words that make all the difference. Like blacksmithing, right wording takes hammering and shaping before the whole thought can take shape.
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Quick Question: Whats The Right Price?
Important real estate questions can often be asked quickly "Whats the right sale price?" or "Whats the right list price?" however, the answers may take a while. A question may be simple to ask, but the answer is usually complex because real estate is complicated.
Even when the person answering is very familiar with the subject, arriving at the "right" best fit, complete, and accurate answer may first require asking questions of the quick-question asker, because:
Context is vital: Asking these questions is necessary to clarify location, property type, >
Point of View is highly >The questioner may be asking from their point of view, or asking about the other parties involved, asking for a friend or >
Level of understanding is essential: The questioners level of real estate knowledge and experience determines how a complex answer to a "simple" question should be framed for maximum understanding. The answer must take into account the askers knowledge of the law, finances, the real estate industry, and >
And all this must be processed quickly. The person asked is expected to respond almost immediately.
As a speaker, writer, and author, I am regularly asked: "May I ask you a quick question?" My answer is as quick as the question may have been: "Yes, of course. Id be delighted, however, the answer may not be as quick as the question."
A quick question is often a closed question which grammatically begs a short, factual, even "yes or no" or "either or neither" answer. However, there can be a lot for the answerer me in this case to consider before beginning to formulate an answer. For instance heres a quick question I was asked recently:"I have a quick real estate question for you, PJ," began Bill, a stranger who had heard I write this column. "Is it better to list a house at a lower price to entice buyers [into a bidding war] or set a price more compatible with what the hoped-for sale price might be?"
Yesor noor eitheror neither. The answerer may have an opinion from past experience or a personal preference for the same reasons. However, the accurate answer to the question lies in transforming this general query into a specific response >
The general answer to Bills general question? "That depends on how desirable to identified target buyers Bills property is and whether there is a buyers or sellers market in that location." At the same time, Bills goals regarding the sale are just as important to consider in choosing a marketing strategy for price list and sale.
The specific answer for Bills specific question would first involve collecting property and ownership details, then determining market conditions, then creating a marketing strategy that reflects Bills goals. Thats what real estate professionals do. One that is familiar with Bills specific property and market, would have a knowledgeable answer for Bill. If this were Bills listing professional, Bill would receive specific, high-level details regarding each pricing option, so he could make a confident decision about all aspects of price. Along with market data on actual sales, this information would include details regarding listings competing with Bills for target buyer offers.
My answer to Bill after he answered a few of my questions was directed to what information and support he could expect to receive from the real estate professional he selected to sell his home. Bill had intended to use the "right" answer to his quick question to select a listing salesperson.
My quick answer concentrated on explaining how either strategy could work. However, I stressed that only a professional with local market knowledge and experience, could provide the information to help him see which alternative would achieve his goals. The question Bill really wanted an answer to was: "How do I identify and select the best real estate professional to sell my home and achieve my goals?" Thats the quick question I answered. Bill told me the answer was exactly what he needed.
My Quick Question: Does this make you afraid to ask me or anyone else a "quick question?" It must not. Sorting out what you dont know about real estate will ensure your selling or buying success. Real estate professionals are trained to answer quick questions and every other type, so ask away. Listen to the answers. Youll learn a lot very quickly.
Remember, there are no "stupid questions" in real estate, except those questions you dont ask and later wish you had.
Here is a sampling of articles from my RT column "Decisions amp; Communities" that explain complexities in simple terms regarding price and selling your real estate:
- What Price Location?
- 6 Home Seller Procrastinations: What Are You Waiting For?
- 3 Key Pre-Offer Home Seller Actions
- Quiz: Are You A Hot Seller?
- Theres More to It Than Price
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Renovations To Think About Now If You Want A Holiday-Ready Home
Extended family descending on your house this year? Dont panic. If you start now, you can have a holiday-ready home by the time Aunt Brenda and her brood shows up.
"We say it every year - the holidays will be here before we know it," said Prime Lending. "For many people, that means hosting parties, welcoming overnight guests and opening your home to unexpected drop-in visitors. You may be thinking it would be great to spruce things up around your house before the holiday hustle and bustle begins. Now is a great time to dive into your home makeover and wrap it up before the holidays arrive."
Here are the areas you might want to focus on first.
Get your kitchen looking cheftastic
Chances are, your kitchen is going to be one of the places where people are congregating during the holidays, and not just while cooking. If its seen better days, or if it just doesnt reflect your >
Photo by Mary Evelyn Interiors - More transitional kitchen ideas
Replace or repair appliances
Thinking about the function of your kitchen - not just how youll use it over the holidays, but all year round - is key to making good choices when renovating. "If you are hosting Thanksgiving, a double oven and a new refrigerator may be your top priority," said Prime Lending.
Maybe your dishwasher has seen better days or your washer and dryer have been hanging on for a while. Knowing that theyll be put to good use with a house full of people might inspire you to make some upgrades now.
Consider the stuff you serve with and eat on, too
While youre in the kitchen, you may want to think about upgrading your cookware, cooking utensils, glassware, silverware, and anything else that will be helping you prepare, serve, or eat food during the holidays. How old are those dishes, anyway?
Living room redo
If you have clunky built-ins or a large armoire housing your outdated TV, it might be time to make some changes. Turn the built-ins into bookcases or a sleek desk with some streamlined shelving above, which can provide both function and a fashionable upgrade. Turn a fireplace into a focal point by retiling or simply painting old brick white and hang a flat screen above. Voila. Your hangout space is updated and holiday-ready.
If youre not super tech-savvy and have never installed a flat screen before, its smart to hire someone who is and who has. "If a new flat panel television, home theatre system, or other electronic devices are bound for your household this gift-giving season, consider seeking installation quotes from a trained professional," said Better Homes and Gardens. "Proper installation can maximize your enjoyment of new electronics for a fraction of their purchase price, and the stress of following a multi-page instruction manual may bring out the Scrooge in many DIYers."
Better Homes and Gardens
Add new bedding
You can make the guests rooms or the guest couches, if your family converging on one house for the holidays looks anything like ours hospitable and improve the look at the same time by changing out the bedding. Buying new sheets and a comforter is easy and inexpensive - and dont forget new pillows, too. Choose a neutral color for the comforter and add some patterned pillow for some zip. Or, choose a graphic pattern to give the bed a modern feel. A fresh coat of paint in a color that is neutral and that gives the rooms a calming nature will help transform them into something that feels resort-like.
Address the back yard
If you live in a climate that allows outdoor enjoyment throughout the year - or if you know the kids will be playing outside regardless of the temperature - making some changes in your yard might be in order. The fall is a great time to buy patio furniture, since its typically on sale after summer ends. A firepit can be an inviting addition to your outdoor area, and one that will allow your guests to gather in front of a crackling fire while bundled up with a tasty, holiday beverage.
Update the guest bathrooms
One thing you can count on is that your guests will be spending time in the bathrooms. If yours are in need of some attention, nows the time to pay some. If you dont want to do a complete overhaul, you can make simple, inexpensive edits by changing out the showerhead, faucets, lighting, and slathering on a fresh coat of paint. A new paint color and some new hardware can also liven up older cabinets. Add a fresh set of towels and bath mats, and youre all set.
Do a complete audit of everything else
Do a complete walkthrough of your house. Turn on all the baths, sinks, and showers, and all the lights and TVs. Sit on the beds, couches, and chairs. Open closets. Search the walls, doors, and baseboards for nicks and scratches. This will give you a head start on anything that needs to be fixed or replaced before family starts knocking on the door.
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10 Tips For Staying Sane While DIYing
The home renovation industry continues to grow every day, and growing in lockstep: the number of people who are doing it themselves, with, well, varying results. Launching into a difficult project with no experience or training can prove disastrous. So can undertaking a renovation without a strong foundation in place - and that applies to both the home youre working on and your >
Follow a few tips to help you DIY without leaving your body, your house, your marriage, or your finances DOA.
Make a plan - and stick to it
The research and planning you do beforehand will save you time and aggravation later on. Figure out your new floorplan, if there is one, and all the materials, details, and resources before you swing that hammer. The tighter your plan, the better your chances for achieving your desired result.
Take a broad view
Yes, experts insist that the secret to a successful remodel is planning, but "more specifically, a master plan," said The Oklahoman. "Having a master plan doesnt necessarily mean you are going to do a full house remodel this year. It just means you have an ultimate vision for your house - a clear goal as to how you want it to function now and in the future."
Choose - and order - your products early on
So, you fall in love with this floor tile that looks just like old barnwood, but you wait until the last minute to order it, and... its been discontinued. Uh oh. Selecting your products at the beginning of your project is important because it helps you develop the big picture, but make sure you get them ordered, too, or you might have to start over.
"Making product selections early can prevent delays later," said Better Homes and Gardens. "Proper planning can also help keep you on budget."
Create a realistic budget
Speaking of budget...
You may think you can fully renovate your entire kitchen and master bath for 5,000, but...nah. Unless you have some trick for getting products for free, youre dreaming. Can you make some significant changes to your spaces without depleting your bank balances? Sure. But your budget has to match up with reality, or youll just end up frustrated and disappointed. And dont forget to add in a contingency to your budget so when you have oopsies and overages, you dont have to scramble to find extra cash.
Be realistic about the timeline, too
Do your research when it comes to figuring out how much time to set aside for your renovation projects. Then add some more. And, if youre a super-novice, sprinkle some more on that. Its better to err on the long side of a potential timeline; that way, if youre making arrangements to be off work, to stay with friends, or to have someone watch your kids or dogs, youll be prepared for the worst-case scenario.
Learn a little something
Resources are out there to help you become skilled at all kinds of stuff. Take that online >
Bring in the pros for the tough stuff
Knocking down walls or getting into electrical or plumbing? it might be a good idea to bring in contractors to accomplish those tasks.
Renovating with a spouse or significant other? Be kind to each other and keep the communication flowing. Renovating is known to be one of the most stressful activities a couple can do together. You dont want to end up with a beautiful kitchen but a broken marriage.
Dont sweat the small stuff
The success of your renovation, to a large degree, depends on your ability to roll with it when things dont go your way. The stain color for the floor will be off. The bathroom tile will be backordered. The countertop will be delivered with a massive crack in it. Does that all qualify as "small stuff?" Maybe not, but keeping a good attitude - and keeping your eye on the prize - will help you make it through, even when it seems like your project is going off the rails.
"Sure, remodeling is exciting," said Better Homes and Gardens. "But theres also a lot of frustration as you encounter unexpected snags, delays, and the inevitable inconveniences that come from living in a construction zone. Youll handle the lows better if you know theyre coming."
Practice the art of compromise
Back to the stress of renovating and the effect it can have on your >
Want to know why couples fight during the process? Taste issues, according to a survey on Houzz. "Why all the tension? Its everyones >
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HOA Meeting Ice Breakers
Ice breakers are a great way to begin a homeowner association meeting. They help to >
Ice breakers can be fun, amusing, thoughtful, surprising or just plain silly. The days of one-liner jokes as ice breakers are gone. There are many new creative ideas. The most popular are games that have participants reveal something personal about themselves, or which encourage participants to get to know each other personally. The idea is that more than just having fun, the ice breaker will truly help to create group cohesion based on trust and understanding.
One of the tricks of an icebreaker is timing. It should not be too long otherwise the serious work of the meeting will not be given enough time. It should not be so short that participants feel it was a perfunctory exercise. Timing also depends on the size of the group, the overall length of the event, and the purpose of the event. An all-day retreat might warrant a half hour ice breaker, but a one-hour meeting may merit only a minute or two. The following are some ideas compiled by category, and gathered from a variety of sources:
Activities. Write the words "agree," "disagree," "strongly agree" and "strongly disagree" on separate pieces of paper and post them on four different walls of the room. Then make a statement such as "our organization can change the world" and have everybody move to the part of the room that matches their opinion. Have the group discuss why they chose their response. With everyone in a circle, have someone come up with a short story that they whisper to the person next to them, and so on. Have the last person recount the story out loud.
Be creative and come up with your own meeting ice breakers.
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Making the move from city life to country living can be one of the best decisions you ever make. The life>