You may have seen many recent headlines about bee attacks in Valley neighborhoods. Here’s what you need to know, along with tips on how to prevent and handle bee attacks:
Bees are present and active year long in the Phoenix Valley. However, during the summer months, they are much more aggressive. A majority of these aggressive swarms are the Africanized honey bee. The africanized honey bee has less venom, but travels in larger numbers. They are also much faster than the regular honey bee. They usually nest in outbuildings and sheds so be very careful when entering these areas. Listen for buzzing as you approach!
THE ATTACK:
These bees will defend their nests aggressively when approached or disturbed. This includes people or animals within 50 feet of the nest. Someone using power equipment (like a mower) can alert the bees within 100 feet.
They swarm fast and will give chase for a quarter of a mile. If attacked, keep running and protect your face. Do not jump into a pool, as they are known to hover above the water and wait to attack the invader. Attacks can last for up to 10 hours.
Do no strike the bee. When this occurs, the bee sends off a defense pheromone, which will bring it’s colony (up to 60,000 bees in some cases) to its defense.
If you locate a nest, do not try to remove the nest yourself. Call a pest control company to clear the area safely. If you see someone being attacked, call 911 immediately.
What you may not know about discrimination lawsuits against HOA’s
Immediately we assume discrimination cases deal with race or gender. In discrimination cases against HOA’s (the most common D&O claim facing us today) it usually has nothing do with either. So, what are they about?
Let’s set up the scenario: A property manager drives through a neighborhood taking note of violations of by-laws – such as a home being painted blue. They proceed with the standard notification process of violation. However, the homeowner feels they are being discriminated against and files suit. After all, their neighbor painted their house white 2 years ago. Why are they being treated differently?
How about the homeowner that was told by the board they could not build a fence. Unknown to the board, a previous board member had allowed a different homeowner to build the same fence. Now the homeowner has filed a discrimination suit against the board and the property manager.
Why?
Simple. A precedent was set by previous board members in both scenarios. This is where HOA boards can get in trouble. They don’t know what was approved prior to them serving on the board.
This again leads us back to why D&O liability coverage is so important, and making sure your HOA has an inclusive package, as opposed to an endorsement. It will save your board money and headaches.
Think about this: When a lawsuit hits the desk of the HOA board, they have to defend themselves. If you don’t have appropriate D&O coverage, you may be pulling out the checkbook to pay the attorney retainer for thousands of dollars, as opposed to having the correct coverage for significantly less.
Be aware of what is excluded in your Directors and Officers (D&O) Liability insurance
The D&O liability policy is the most overlooked and misunderstood policy amongst HOA boards. In the past few years, liability claims against HOA directors and officers has been on the rise. Frequently the claims include breach of fiduciary, breach of contract, non-employment discrimination, employment practices liability, and wrongful foreclosure.
Non-monetary and discrimination cases take the lead in lawsuits against HOA boards. And most commercial insurance packages do NOT cover these claims.
Why are they discluded then? A D&O endorsement to the policy is relatively inexpensive, about $150-$200. However, if you read the endorsement closely, the first couple paragraphs state inclusions, but the remaining 3 paragraphs state exclusions. Remember this saying…”You get what you pay for.”
Conversly, stand alone D&O policies are written to protect HOA’s and include protection for those most common discriminatory lawsuits.
Your HOA needs the following in Directors and Officers Liability Insurance provisions:
At least a $1 million dollar limit – higher limits are available or increase coverage with an umbrella policy
A broad definition of “Wrongful Acts” that includes discrimination and harassment
Full prior acts coverage
Coverage for non-monetary damages/claims
Coverage for breach of contract
Coverage automatically extended to volunteers, committee members, and spouses of board members.
Defense costs – at least $1 million limit for defense costs
Education is key to understanding all the components of a sound D& O policy. It is the job of your broker to explain this to your board. It may be worth it to request a meeting with your broker and review your D&O today!
HOA’s must have strong fee policies in place that are clear, have an intended course of action, are uniformly enforced, and encourage prompt payment. If they don’t, things can get sticky.
That is why we suggest your HOA addresses fees and collections in a timely manner, and more importantly, communicate the policiesregularly.
Let’s define some fees on your statement:
Admin fee – a fee that is applied for monitoring delinquent accounts and sending out reminders that dues have not been paid.
Late fees -This fee is applied if the assessment payment has not been received by the due date. The fee should be set high enough to encourage on-time payments, but within what the laws allow.
Fines – are applied for violation issues that were not corrected in a timely manner or according to your HOA’s CC&R enforcement policy.
Can HOA fines be disputed?
Yes, disputes or appeals to these fees must be made in writing and submitted to the Community Manager. The Board of Directors of your community will review your appeal at their next Board Meeting. You can also submit an appeal directly on our website.
Flexibility for distressed homeowners…..
Remember that flexibility in a policy should also be considered. The board should have some leeway to accept temporary payment plans for distressed homeowners or unforeseen circumstances. Make sure your HOA has this policy documented also, so there are no discrepancies in consistency.
By now you should be caught up to speed on the Arizona Open Meeting Law and why it is beneficial for HOA’s.
We have one last issue to cover, which are “Executive Sessions.”
Can my HOA close a portion of the meeting to members?
The answer is “Yes.” An Executive Session closes the meeting to members but ONLY to discuss the following:
Legal advice from an attorney for the board or HOA.
Personal, health, and financial information about an individual member of the association, an individual employee of the association, or individual employee of a contractor for the association.
Pending or contemplated litigation
Matters relating to job performance, compensation of, health records, or specific complaints about an employee of the association, or employee of a contractor for the association (who works under direction of the HOA).
Discussion of a member’s appeal of any violation cited or penalty imposed by the HOA.
We hope you found the series on the Arizona Open Meeting Law informative. Please share your knowledge about this important topic with your members.
And thank you Mulcahy Law Firm for contributing to this article!
If you read our previous blog post on what consent agendas are, and when your HOA should use one, you might be wondering what’s next. Here are the 8 steps you need to get started….
How do we correctly implement the consent agenda process into our HOA Board meeting?
1. When preparing the meeting the agenda, the president (or designated chairperson) determines whether the item belongs on the consent agenda.
2. The president prepares a numbered list of the consent items as an attachment to the meeting agenda.
3. The list and any supporting documents are included in the board’s agenda package ahead of time (at least sufficient time for the members to read the list and documents prior to the meeting).
4. At the start of the meeting, the chair must ask members which items they wish to be removed from the consent agenda (Click here to review a list of what is included on a consent agenda).
5. If any member requests removal of an item, for any reason, it must be removed.
6. The chair now decides whether to take up the removed item immediately or place it on the regular agenda.
7. When no more items are removed, the chair (or secretary) reads out the number of remaining consent items. The chair will state: “If there are no objections, these items will be adopted.” Then, after pausing for objections, the chair will state: “As there are no objections, these items are adopted.” Continue this process until there are no objections.
8. When preparing the minutes, secretary must include full text description of the resolutions and reccomendations that were adopted in the consent agenda.
Good luck and contact PDS if you would like more information about running HOA Board meetings, Elections, or Agendas.
If you read our last post outlining what the Arizona Open Meeting Law is and how it affects HOA’s, you should be up to speed on the guidelines.
But what about “emergency meetings?”Can these be closed to HOA members? As long as your board follows these guidelines, they are in the clear:
The HOA board must record minutes and must include a statement of the grounds of the emergency meeting. The minutes and statements must be read and approved at the next scheduled board meeting.
If the board meets over the phone, they must have a speakerphone in the meeting room that allows association members to hear all parties speaking if they so desire.
If the board meets informally, they must still follow general open meetings requirements, even if action wasn’t taken during the informal meetings.
What are your thoughts on the Open Meeting Law? Does it protect the public and officials? We hope you share these insights with your board members to protect your HOA from possible litigation if these provisions aren’t followed! Ready for the next session on Open Meetings? Click here for Part 3 of this series.
Thank you to Mulcahy Law Firm for your contribution to this article!
If you haven’t done so already with your HOA, it’s important that you prepare turf now for vigorous growth from the Bermuda grass.
Turf absorbs heat and reflects sun rays. Properly maintained turf in the Arizona climate is essential.
Here’s a few tips. A publication from the University of Arizona gives more detail, check it out!
Start reducing height of grass 1/2″ every week to help kill ryegrass (from winter season) and encourage fresh Bermuda grass growth. When the turf appears yellow-ish, that’s the ryegrass dying as the Bermuda makes its way through. This may happen through June/July.
Aerate turf, add soil amendments, and spray the weeds.
Pre-emergent weed control applications should be scheduled with your landscaper. These chemicals act greatly to reduce weed infestation and prevent them from emerging through soil.
More on landscaping and water conservation coming soon to the PDS Gateway. Also, we have a training coming up regarding Smart Water devices in June. Stay tuned here, or our Facebook page, for details as they are announced!
1. Select a neutral location, such as your association clubhouse or management company office. A restaurant, church, or school will work great also!
2. PREPARE! Create and share the agenda ahead of time so members come prepared to make decisions.
3. Bring association documents such as Declaration of Covenants, Conditions, and Restrictions, Bylaws, and Rules and Regulations. If there is any question, have the answers there with you.
4. Allow association members to attend. Set clear expectations that comments and questions from association members will be covered at the end of the meeting, to avoid interruption.
5. Wrap-up should include minutes and action items, so everyone is prepared for the next meeting. Share those wrap-up items with your association within 30 days after the meeting.
6. If you serve refreshments do so at the beginning or after, but not during, the meeting.
7. Never allow alcohol, small children, or pets at the meeting. We are here to make decisions efficiently and effectively!
The Community Association Institute has a booklet available for association board members that offers even more helpful tips on meetings. Check it out!Thanks also to Mulcahy Law Firm for contributing to this post.
Americans who reside in HOA’s are overwhelmingly pleased with their communities, expressing strong satisfaction with the board members who govern their homeowners associations, as well as the community managers who provide professional support.
More than seven in 10 HOA residents expressed satisfaction with their community experience, according to a survey conducted by Zogby International, a leading public opinion research firm. Almost 40% of HOA residents say they are “very pleased,” with only 10% expressing some level of dissatisfaction…
And the results are in…….
88% believe their governing boards strive to serve the best interest of the community.
90% say the are on friendly terms with their association board members, with just 4% indicating a negative relationship.
86% say they get along well with their immediate neighbors, with 5% reporting a negative relationship. Of those reporting neighbor issues, most common problems were pets, general lifestyle, noise, and parking.
78% believe HOA rules “protect and enhance” property values, while one in 100 say it harms (20% see no difference).
88% of residents who interact with professional community managers say the experience has been positive.
This research was sponsored by the Foundation for Community Research, a non-profit organization created by the Community Associations Institute. Survey has a margin of error of +/- 3.5 percentage points.
