Mistakes Boards Make...

Is the topic for the Utah Chapter's Managers' Munch this Friday. Two other lawyers (John Morris and Peter Harrison) will be joining me on a panel to discuss what we see as the nine most common mistakes made by association boards.

I'll follow up my comments with postings on this blog, but if you don't want to wait, and/or if you want to see what John and Peter think, you ought to join us. The meetings are at the Cottonwood Club, and the food is usually pretty good. Register here, if you're interested.

Garage Condos -- Coming Soon?

A company called Garage Town USA, which has developed garage condominiums in several western states, including Idaho, is reporting that their franchises have been approved in Utah.


I'm going to try to get my hands on a declaration, since I'd be interested to see a declaration that presumably prohibits residential uses, encourages the parking of cars, and encourages business uses. Those conditions obviously exist in commercial condominiums, but they aren't typically marketed to individuals and families.

Deal, or No Deal?

Probably better to take the deal, according to a study summarized here in the New York Times.

According to the article, "most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer."

One of the more interesting statements in the article was the assertion that lawyers may be inclined to discourage settlement, in light of the potential loss of revenue.

(What?!?!? Who said that!)

"Playing With Fire"...

An article that I just wrote with that title, dealing with avoiding lawsuits, has just been published in the September/October issue of Common Ground magazine. Members of CAI can read the article here. Nonmembers of CAI can join here. Or, you can get a subscription to Common Ground here.

Then again, if you'd rather hear about how to avoid lawsuits, you can keep an eye out for courses at our Community Learning Center, where we'll cover this material, and more, over the next several months.

Mark Your Calendar...

for the Utah Chapter of CAI's 2008 Trade Show.

Hobbs & Olson and utahcondolaw.com are both proud sponsors, and I will be discussing environmental issues, and participating on the legal panel.

Admission is free for chapter members, and there will be prizes!

For more details, visit the
Utah Chapter website.

A Wildlife Community

The National Wildlife Foundation has a program through which communities can create, and then receive recognition as, a certified Community Wildlife Habitat.

Here's how they describe a Community Wildlife Habitat:

A Community Wildlife Habitat is a community that provides habitat for wildlife throughout the community--in individual backyards, on school grounds and in public areas such as parks, community gardens, places of worship and businesses. It is a place where the residents make it a priority to provide habitat for wildlife by providing the four basic elements that all wildlife need: food, water, cover and places to raise young. The community also educates its residents about sustainable gardening practices such as reducing or eliminating chemical fertilizers and pesticides, conserving water, planting native plants, removing invasive plants and composting. It hosts workshops about gardening for wildlife, and holds community events such as stream or trail cleanups to make the community healthier for wildlife and people alike. A Community Wildlife Habitat project creates a place where people, flora and fauna can all flourish.

Participants in the program must earn a certain number of points, depending upon their size; thereafter, there are required post-certification goals.

Worms...

We have a tenant in the (aptly named) garden level in our building; the Utah Society for Environmental Education. They're a great group, and they help us in meeting our environmental commitments.

One of the many nice things that they have done for us is bring some worms into the office; they're willing to let their worms work for us, in handling our food waste. Andree' Walker, the USEE wormmaster, has blogged about the worms, and includes an invitation to come meet them, at this page of USEE's blog, greenforkutah.blogspot.com.

16,500 Sustainable Square Feet

There's apparently a potential trend, at least according to this article in the New York Times, for the very wealthy to "downsize" into condominiums.

Candy Spelling, widow of the television producer Aaron Spelling, is getting rid of some of her possessions, so that she can fit into the 16,500 feet of two floors that she's purchasing in the Century condominium tower.

And her conscience can rest easy as she kicks around that space, because the Century anticipates a LEED Silver Certification, reflecting its green building characteristics.

I'm back...

I've been in that condition known as pre-vacation, vacation and post vacation, but I am back and I am invigorated. Look forward to posts on environmentalism and sustainability.

Bargaining for Eden

A good friend who is also a phenomenal photographer and writer, Stephen Trimble, is releasing his latest book next week. This book will be of interest to many readers of this blog; it deals with the conflict between the development and preservation of beautiful open spaces. It explores the expansion of Snowbasin ski resort by Earl Holding, one of the richest men in America, and Stephen's simultaneous development of his own smaller parcel of Eden, near Torrey, Utah.

As Stephen puts it:

As a lifelong environmentalist, I still hold my beliefs fiercely. But in telling Earl’s story and in confronting my new identity as a property owner, I’ve found cracks in the armor of my assumptions. I have been startled. I have been horrified.

On some levels, I am Earl—we all are Earl.

A celebratory event in connection with the book release will be held at the Main Branch of the Salt Lake City Library on July 10, at 7:00 p.m. More information on the book can be found at this page.

Bored?

Apparently, I was.

I found this on the Best Of Craigs List:

three pink plastic lawn flamingos, the momma, the daddy and two
babies. in good shape except the momma has a bullet hole. will
trade for a good dog or weed eater, will also consider any kind
of alcohol as long as it ain't been opened up.

Here's a link, if you are interested

Know Your Radon Levels?

This site provides info on state-wide radon testing, broken down by zip code.

Everyone should check their own homes for radon, (which is the second leading cause of lung cancer in the United States), but if your community is located in one of the high level areas, you might want to provide a bit of extra encouragement to your residents.

Pool Safety, Continued...

And this time, it's about something bigger than a microscopic protozoan.

In December of 2007, President Bush signed the Virginia Graeme Baker Pool and Spa Safety Act. The act requires that public pools and spas(which will include community association pools and spas) must have some type of anti-entrapment device on the drain designed to eliminate the risk of death or injury.

Apparently, drownings associated with pool and spa drains are disurbingly common, and rather easily preventable. A number of devices can be installed to provide safety and compliance with the act.

Compliance with the act is not mandated until December, but why wait? If you haven't had this done, get it done immediately.

Diapers Required; Bikinis Prohibited?

Ya just gotta love living in this state...

Salt Lake County now requires diapers for those under three, and Kanab City (down South, for those of you who may not know your Utah geography) is prohibiting bikinis on all (men and women of all ages, apparently).

It appears, according to the KSL News story on the subject, that the city leaders may backpedal on that one; apparently the Kanab city leaders were so concerned with the health issues that they overlooked the dress codes that they were passing.

And we wonder why we get such great laws in this state...

Salt Lake Valley's Pool Rules

The Salt Lake Valley Health Department has weighed in on the Crypto problem, and they have a slightly different take on the State's rule:

Any child under three years old, any child not toilet trained, and anyone who lacks control of defecation shall wear a water resistant swim diaper and waterproof swimwear. Swim diapers and waterproof swimwear shall have waist and leg openings fitted such that they are in contact with the waist or leg around the entire circumference.

I don't remember reading anything about "under three" in the Utah State rule, but if I operated a public pool in Salt Lake County (Heaven forbid), I wouldn't look any further. I'd post that, and hope to be done with it until Labor Day.

Besides the three year old restriction, doesn't "anyone who lacks control of defecation" sound better than "those who cannot control evacuative bodily functions"?

Er, on second thought, maybe not.

Revisiting Signage

Last Fall, in this post regarding appropriate pool signage, I suggested an alternative to the standard "Children Must Wear Diapers" sign.

Recently, as noted in the post immediately below, the Utah State Department of Health has proposed some rules. They use some terminology that may help in the sign drafting.

Why not consider posting a sign that says:

"Young children and those who cannot control evacuative bodily functions must wear swim diapers or waterproof swimwear"

That just might keep everyone out of the pool, and then you can save on chlorine...

New Proposed Pool Rules

The Utah Department of Health has submitted a proposed rule to try to avoid, or at least minimize the risk of, another Cryptosporidiosis outbreak this summer; a link to their release on the proposed rule is here.

For those of you who just want the quick summary, here it is, according to the Department of Health:

SUMMARY OF THE RULE OR CHANGE: The following additions have been made: 1) a definition of a cleansing shower has been added; 2) a requirement for operators to follow The Centers for Disease Control Fecal Accident Response Recommendations; 3) a requirement prohibiting swimmers from swimming if they have diarrhea, or have had diarrhea within the last two weeks; 4) a requirement for young children and those who cannot control evacuative bodily functions to wear swim diapers or waterproof swimwear; 5) requirements pool operators must follow in response to the Department of Health issuance of Cryptosporidiosis "Watches" and "Warnings"; 6) modifications to the requirement for drain covers that are less than 24 inches by 24 inches to meet the cited ANSI/ASME standard rather than requiring a listing by a laboratory that has tested the drain cover using the ANSI/ASME standard; 7) a requirement to provide soap for patrons in the shower area, in addition to lavatories; and 8)the drain cover requirement is relaxed to allow large drain covers that meet the standard but that have not been independently certified to meet the standard.

Regular readers of this blog, and those who know me, are well aware that I'm a strong advocate of relying upon others for assistance in rulemaking and enforcement; these rules, if adopted, will help associations protect the health of owners and guests while avoiding the risks associated with familial status discrimination under the Fair Housing Act.

Salt Lake Condo Sales are Slowing...

Downtown Salt Lake condo sales are slowing, accordingly to an article in today's Salt Lake Tribune. So far, according to the article, prices are holding, but that could change, based upon the limited demand.

A New (And Free!) Best Practices Guide

The press release from CAI says it as well or better than I can, so here's the release:

The Foundation for Community Association Research has published Community Security, a 50-page resource that associations can use to determine their security obligations and decide which products and services can provide an appropriate level of security for their residents. Community Security is the eighth Best Practices report developed by the Foundation.

The new report addresses association security obligations; security services; video surveillance and alarm systems; access control systems for vehicles and pedestrians; automated gate systems, and more. The publication includes two case studies and a checklist for securing communities.

The report can be downloaded for free at www.cairf.org or purchased in hard copy by CAI members for just 12.95 ($22 for nonmembers) through Community Associations Press at http://www.caisecure.net/. The complete collection of eight best practice reports can be purchased by CAI members for $24.95 ($42 for nonmembers).

Other free, downloadable Best Practice reports are:

* Financial Operations
* Governance, Resident Involvement and Conflict Resolution
* Community Harmony/Spirit/Involvement
* Strategic Planning
* Reserve Studies/Management
* Transition (from developer to homeowner control)
* Energy Efficiency

Best Practice reports have been downloaded almost 7,000 times this year alone.

"We develop Best Practice Reports so individual community associations don’t have to start from scratch," says Foundation President Robert Browning, PCAM, RS, of Browning Reserve Group in Sacramento. "Like all of our reports, Community Security was developed by leaders in their areas of expertise. For Community Security, we relied on the knowledge and experience of multiple contributors who share practical information that can save association boards time and unnecessary expense, not to mention missteps."

The Foundation is a nonprofit, research-driven group established in 1975 by Community Associations Institute (CAI). The Foundation supports and conducts research and makes that information available to professionals and volunteers involved in community association governance.

"We help volunteer community leaders and professionals better understand the increasingly sophisticated nature of community association management and
governance," says Executive Director David Jennings, CAE. "Our goal is to provide insight and information to those who work to make communities the best they can be."

The Foundation is supported by voluntary contributions that can be made on membership renewal applications.

CAI is a national organization dedicated to fostering vibrant, effective and harmonious community associations. CAI members include community association volunteer leaders, professional managers, management firms and businesses that provide a variety of products and services to community associations. More information on CAI and its 58 local, regional and state chapters is available at www.caionline.org or by calling toll-free (888) 224-4321.

Some Very Useful Information

Lawyers, board members, association managers and involved unit owners ought to take some time to access and read this "Joint Statement of the Department of Housing and Urban Development and the Department of Justice." The document provides guidance on reasonable accomodations under the Fair Housing Act.

I'll be reading it this weekend, and will post some of the more interesting and helpful portions of the guide over the next few days. (So, if you are not yet a subscriber to this blog, now would be a good time to become one. If you wish to subscribe, enter your email address to the left.)