Trees blocking views of Columbia, Mount Hood at issue

By Sarah Wolf, Columbian staff writer

A neighborly dispute is headed to the Washington Supreme Court after a state appellate court decided a homeowners association rule preventing a member’s trees from obstructing others’ views could stand.

The issue stems from two homeowners in Camas’ View Ridge Estates, which sits north of state Highway 14 overlooking the Columbia River and Mount Hood.

One couple, Ronald Haertl and Leslie Kolisch, claimed the other, Walter and Mariann Guetter, had trees blocking their view. The homeowners association had recently modified its rules to prohibit vegetation from obstructing other members’ views. The association took its case to Clark County Superior Court, which ruled in its favor. The Washington Court of Appeals upheld that decision April 8.

“I applaud the Washington Court of Appeals for this decision, which legally ensures that (homeowners associations) have the right to certain expectations of their members,” Michael Vial, attorney for the homeowners association, said in a recent statement.

Don Grant, attorney for the Guetters, said the appellate court’s decision isn’t final until the Washington Supreme Court decides whether to review the case. The couple filed a petition for review with the Washington Supreme Court on Tuesday.

In 2004, the Guetters bought a home in View Ridge Estates with several trees on the property, according to court documents. At that time, the homeowners association’s rules stated owners could use their property for their own enjoyment so long as they don’t “offend or detract” from neighbors’ enjoyment of their own properties.

Those rules dated to creation of the homeowners association in 1982 and also stated no outbuildings or fences could obstruct another homeowner’s view.

In 2018, the homeowners association revised the original rules to establish that trees and vegetation in “a view and/or view corridor area” must be smaller than 15 feet or first-story gutter height in the front or backyard of any home. The committee decided taller trees would only be allowed if they didn’t obstruct a neighbor’s views.

Soon after, Haertl and Kolisch notified the homeowners association trees located on the Guetters’ property were blocking their views of the Columbia River and Mount Hood.

The Guetters refused to cut the trees, according to court documents.

The homeowners association subsequently filed a lawsuit against the couple in Superior Court. Haertl and Kolisch joined the suit.

The Superior Court then issued an injunction, requiring the Guetters to trim, top or remove trees from their property in accordance with the homeowners association’s landscape committee desires.

The Guetters appealed the ruling to the Washington Court of Appeals, where they argued the homeowners association’s original rules didn’t authorize new rules in the future, only changes to current rules. The couple argued the 2018 changes constituted a new rule.

The appeals court disagreed.

“Rather than creating an entirely new covenant, the adopted covenant constituted only a change to View Ridge Estates’ existing covenants, a change which the association gathered sufficient support to validly adopt,” the appeals court ruled.

Vial said his law firm, VF Law, strives to ensure the rights of homeowners associations and their communities are protected. He called the appellate court’s decision a victory for homeowners associations across the state.

HABITAT Magazine

Co-op shareholders and condo unit-owners dread the news that their board is levying an assessment on top of monthly charges. Lately, that dread has shaded to raw terror as boards grapple with ways to pay for costly retrofits that might be required to bring their building’s carbon emissions into compliance with Local Law 97.

When a Riverdale co-op board announced a $500,000 assessment to cover repairs and new city mandates, one shareholder thought the board was being vague about how it arrived at that $500,000 figure. Research revealed that the proprietary lease and bylaws do not give the board specific authority to impose assessments, but those governing documents do give the board power to determine maintenance payments and cash requirements. Is there any way for shareholders or unit-owners to challenge an assessment?

Courts allow co-op and condo boards significant power to manage a building’s finances, especially when it comes to maintenance and compliance with city codes, through a legal principle called the business judgment rule, replies the Ask Real Estate column in The New York Times. Even if the governing documents don’t use the specific word “assessments,” the board still has the right to raise money to keep the building in proper order, as long as it is acting in good faith, says Joseph Colbert, a real estate lawyer at Colbert Law. If a board fails to act in good faith — or indulges in self-dealing — it forfeits the considerable protections of the business judgment rule.

“Courts are unlikely to overturn a decision solely based on terminology,” Colbert says. “They prioritize the board’s underlying authority and the purpose of the charge.”

In any event, an open dialogue between shareholders and the board is preferable to a costly legal conflict that would create tension in the building. “If there is a basis for a challenge, it is best to aim for an amicable resolution rather than running into court to embark on a protracted and costly legal battle,” says Debra Guzov, a real estate lawyer in Manhattan.

Start by approaching the managing agent to request the minutes from the board meeting in which the assessment was discussed and adopted. The minutes can offer insight into why the board believes the assessment is necessary and how the $500,000 sum was calculated, Guzov says.

If the minutes don’t offer the clarity you seek, you can ask the managing agent for specifics on how the money will be spent. You can also ask to review contracts that were executed to complete the work, to see how much it will cost, though you might not automatically be entitled to see them. Check your bylaws for guidance.

The bottom line: if the board levied the assessment in good faith, disgruntled shareholders are probably out of luck. Time to pay up.

By Lydia Pelliccia and Matthew Green, CAE

A smart, skilled and well-rounded community association manager is critical to a community’s success. The profession is known for its daily variety as each day brings new opportunities, challenges and rewards. A key component of a managers’ job is the ability to collaborate and solve problems.

According to Opportunities Knock: Opening the Door to Careers in Community Association Management, published by Community Associations Institute (CAI), the Foundation for Community Association Research (FCAR), and Community Association Managers International Certification Board (CAMICB) having multiple responsibilities, among other factors, is significant in community association managers’ overall sense of satisfaction.

According to an FCAR manager survey, cited in the January 2022 publication noted above, “Solving problems is listed as the main contributor to job satisfaction by 84% of community managers, followed by variety in their tasks each day (73%), and helping people (72%).”

“A community manager’s job is multi-faceted and being a moderator/conflict resolution specialist is an important role,” said Kayte Comes, MBA, MNML, who is the Executive Director of the CAI-Arizona Chapter.  “Any time you have to deal with someone’s most valued possession and money, people become uneasy.  If a community manager wants to be successful in their job, they must learn to not shy away from conflict but embrace it as a challenge.  Comes went on to explain that understanding human nature and body language goes a long way.  “Being aware of your own triggers and behaviors when confronted – and how to control your emotions – helps a manager gain strong conflict resolution skills.”

Comes notes, situations that require these skills can arise when a manager is communicating with their Board – or homeowner – on a variety of topics. For example,  questions about assessments, potentially fines or collections, architectural designs and the proper way to submit information, as well as neighbor to neighbor issues that have been brought to the manager’s attention.

Finetuning Emotional intelligence (EI) Skills

The CAI-Arizona chapter provides community managers the opportunity to participate in emotional intelligence courses. Joelle Hadley, the founder and president of The Culture Coaches, and the co-founder of The Southwest Institute for Emotional Intelligence, describes emotional intelligence in the following way: Balanced emotions are contagious. Emotional Intelligence is a professional and personal skill-set using the self and social awareness of emotions and understanding their impact on those around us. It’s the ability to manage the negative emotions of ourselves and others while motivating positive and effective emotions needed for performance. EI is rooted in the neuroscience of how our brain interacts with outside influences and with our neo cortex, otherwise known as the thinking brain. 

Comes has been participating in these types of classes since she began supervising staff nearly 35 years ago. “This is the best way to understand your communication style and to recognize the many different styles of personalities that a community manager might interact with on a daily basis,” said Comes. “Understanding how you react in certain situations will ensure you are always prepared and professional,” Comes added. She also notes that developing these skills is not something that happens overnight and one can never get enough EI training.

Comes observed that her managers continually express how much they get out of these courses and how it helps them grow both personally and professionally. Afterall, EI skills are needed every day in the community association management industry. A manager who has strong EI skills will succeed.

Resource Corner

Making use of the wide variety of professional development resources available to managers is critical to staying on top of industry news, trends, best practices and any changes arising in the profession.  Below is a sampling of industry resources.

Chapter Mediation Services – CAI chapters often offer mediation services. For example, the CAI AZ Chapter offers these services, for a fee https://www.cai-az.org/Mediation. 

The Culture Coaches – Master certified and accredited trainers and coaches who deliver effective and impactful speeches, workshops, and individual coaching in the EI arena. Visit www.theculturecoaches.comto view the different options in emotional intelligence.

CAI Publications – CAI offers a number of publications covering the topic of conflict resolution, including Perfect Phrases for Conflict Resolution: Phrases for Encouraging a More Productive and Efficient Work Environment and Conflict Resolution: How ADR Helps Community Associations, which can be found here: https://cai.caionline.org/eWeb/DynamicPage.aspx?site=CAI&WebCode=storeCatList&catKey=bcfed0fd-1ce2-4ecd-8cd2-42507b8c36bd&catName=Conflict+Management.  CAI also offers webinars on the topic, https://cai.mycrowdwisdom.com/diweb/catalog?q=conflict+resolution

Management Company Websites – Many management companies have blogs, case studies and other articles available to the public that cover conflict resolution strategies.

CAI Exchange – An online forum that allows members to collaborate and connect with colleagues. Topics range from emergency notification systems to budgeting for insurance in the coming year to managing board member actions, neighbor disputes and everything in between. 

Emotional Intelligence Enables Community Managers To Swiftly Address And Resolve Conflicts is the fourth in a series of articles, produced by CAMICB staff, that delve into the important issues and topics affecting community association managers.

Lydia Pelliccia is a freelance writer. Matthew Green is executive director of Community Associations Managers International Certification Board.

Requests for paid time off increased globally in the first quarter – but more were declined, finds survey

By Dexter Till for Human Resource Director

Requests for paid time off increased across the world in the first quarter of 2024, but approvals declined, according to BambooHR.

Nearly half of employees (47%) worldwide requested for PTO in the first quarter of the year, a seven per cent increase compared to the same quarter last year.

But only 45% of PTO requests were approved in the first quarter, down by six per cent than in Q1 2023, according to BambooHR’s Workforce Insights report.

PTO monthly data

Month-on-month, there was a one per cent decrease in PTO requests worldwide between February and March 2024, according to the report.

There was also a one per cent increase, however, in the percentage of PTO requests approved.

By industry, employees in Finance and Non-profit had the highest number of employees requesting for PTOs, with 54% each. But approval rate was higher for Finance (47%) than for Non-profit (41%).

On the other hand, the healthcare sector saw 56% of PTO requests approved, a 10% increase from the previous month. It also has the highest approval rate across all sectors, according to the report.

Meanwhile, the report also found that hiring slowed down as job openings year-on-year are “flat globally.”

Employees also stayed with their employers in the past year as hiring and turnover went down 24% and 26%, respectively, between March 2023 and March 2024.

Source: BambooHR’s Workforce Insights

Leaders who tell people what to do can’t coach. The use of authority creates conformity.

The leader as coach ignites vitality.

10 practices for the leader as coach:

#1. Learn and grow.

Know-it-alls make lousy coaches. Self-development is the first development.

#2. Notice.

Command and control leaders are blinded by their agenda.

The leader as coach notices:

1. Shifts in energy. What causes energy to go up? What drains?
2. Positive and negative emotions.
3. Recurring issues. Patterns signal character. Solving the same problem over and over means people are stuck.

The leader as coach means others are the center of attention.

#3. Ask more than tell.

Curiosity drives coaching. Knowing gets in the way. Even if you think you know, ask questions like you don’t.

#4. Provide space for response.

Silence is the space where change begins. Don’t interrupt a person who is thinking.

#5. Don’t compete.

Don’t out-do, one-up, or make yourself the center of attention. Good coaches are salt and pepper, not the meal.

#6. Have your own coach.

If you want to coach have a coach. It’s hypocritical to think others could you use coaches but not you.

#7. Challenge bull crap.

Challenge one-sided perceptions, inconsistencies, and helplessness.

#8. Move conversations from aspiration to action.

Success distills into simple behaviors that produce desired results. Talking about results is easy. Describing behaviors leads to action.

#9. Turn toward the future.

Coaching is forward-facing. You aren’t a psychologist or an analyst. You begin where people are and build the future.

#10. Feel optimistic.

Coaches believe growth is probable. You can’t coach someone you don’t believe in.

HABITAT Magazine

As co-op and condo boards struggle to reduce their buildings’ carbon emissions enough to satisfy Local Law 97, many have used generous incentives and tax breaks to defray the cost of installing rooftop solar panels. But a new study suggests that while the well-off are taking advantage of tax incentives, the less-well-off are missing out.

The report from Columbia University and the think tank Win Climate reveals that homeowners with incomes over $50,000 are two-and-a-half times more likely to have rooftop solar panels than those who earn less than that. Additionally, only 5% of the state’s tax credit subsidies for solar panels have gone to households earning less than $50,000, according to an analysis of data from 2010 to 2022.

“The overwhelming majority of that money is going to wealthier people, but it’s actually bypassing the people who need it most,” Juan-Pablo Velez, executive director of Win Climate, tells Gothamist.

Established in 1998 and amended in 2006, the state’s solar tax credit offers homeowners who install rooftop solar panels a credit covering 25% of the cost, up to $5,000. The goal of the credit was to increase the use of a sustainable energy source and make solar more affordable to the most energy-burdened households. The new report shows the latter goal is not being met.

(Under the federal Inflation Reduction Act of 2022, New Yorkers who invest in solar or battery storage for their home may qualify for the Residential Clean Energy Credit, which equals 30% of the cost for projects installed between 2022-2032.)

The state Residential Solar Tax Credit Reform Act, a bill introduced last year in Albany, aims to make the subsidy fully refundable and double the eligible amount to $10,000. The bill has the support of the New York Solar Energy Industries Association, which submitted written testimony to the state Senate in February calling the current credits “inaccessible to low-income families and retirees.”

The new report estimates that legislation reforming the credit could assist more than 60% of the state’s 1.4 million energy-burdened homeowners — people who spend more than 6% of their annual income on energy.

6 habits of instantly likable people: Some folks have qualities that draw others to them. Here are some habits they practice.

BY GWEN MORAN For FAST COMPANY

Have you ever met someone and liked them immediately? Not in a romantic way, but in a connected, warm, “gosh, I’d love to have coffee with that person” way?

Some people are just likable. Others seem to think well of them without much effort on their part. And being likable can have its benefits, says Jenny Woo, founder and CEO of Mind Brain Emotion and creator of 52 Essential Relationship Skills, an emotional intelligence training game. “It does have a payoff, and it matters,” she says, noting that being likable helps you connect with others. When you can do that, you can communicate better and connect with people who are different from you, both of which can help you be more effective in the workplace.

But there’s a fine line between working on your likability and ease of connection versus people-pleasing, which can be detrimental, she adds. And it might not be surprising that likable people have some habits and traits that help them connect.

THEY ARE PRESENT

“The most likable people are not thinking about their likability,” says social interaction expert Patrick King, author of The Science of Likability: 27 Studies to Master Charisma, Attract Friends, Captivate People, and Take Advantage of Human Psychology. King says likable people are, instead, “present and just focused on the conversation, listening, and being curious about their conversation partner.” In other words, they are focused on creating a connection rather than their own impression or image management.

THEY GIVE AND SHARE CREDIT

In the workplace, Woo says likability increases when people give credit where it’s due. “It’s about sharing the spotlight,” she says. While someone might not be conventionally gregarious and outgoing or might have a difficult personality, giving credit to someone who worked on a project or came up with an idea makes them feel valued—and that goes a long way toward likability.

THEY ARE AUTHENTIC

Showing up as who you truly are can enhance your likability, says executive coach J. Victor McGuire, founder of Coaching for Everyone, a nonprofit organization that offers affordable, high-quality coaching programs to BIPOC (Black, Indigenous, and people of color) individuals. “People are generally drawn to individuals who are genuine and who are transparent,” he says. “Coaches who are authentic in their interactions, for example, seem to be more trustworthy and relatable.” Authentic people may be seen as more trustworthy and reliable, too. 

THEY ARE CARING AND EMPATHETIC

McGuire says that people tend to like others who are caring and empathetic. When you show other people that you care about their well-being and feelings, you become more likable, he says, adding, “This helps build a strong, trusting relationship with others.”

THEY ARE GOOD AND ACTIVE LISTENERS

Being a good listener and helping people feel heard also enhances likability, King says. He builds rapport through listening and being curious. “[N]ever interrupt unless you are adding on to what they are saying and agreeing with them—and after you interrupt, you have to hand the microphone back to them. Many interruptions are self-serving,” he says. Another tip: Make sure that you are asking at least one question about the other person for every three times you talk about yourself. “This helps maintain balance, and creates the feeling that you actually care,” he says.

THEY’RE GOOD COMMUNICATORS

People tend to like you more when you’re straight with them—even if the news isn’t great. That’s according to a 2023 study published in the Personality and Social Psychology Bulletin, which also reveals that ambiguity can hurt your likability, as it may be perceived as a way to dodge the truth. The study found that when people are ambiguous with their language, even when it’s to “soften the blow,” others make personality judgments about them, finding them less warm, less extraverted, and more cautious.

WHAT’S NOT TO LIKE ABOUT LIKABILITY?

There is an important point about likability that can’t be ignored, Woo mentions. It’s an area where bias can creep in. “You absolutely have to be mindful” of stereotypes and biases that exist, she says, “whether [they’re related to] your gender, your preferences, your culture, heritage, how you look, your race.”

Some people feel like they need to “code switch” or hide or change some aspect of themselves to fit in or not seem threatening. That can take its toll, Woo says. However, that awareness can also help you handle issues when they arise—and leave a memorable impression when you break through stereotypes or preconceived notions and achieve connection and understanding, she says.

And that concept cuts both ways. We should look for such biases in ourselves. “Being open to new ideas is also about being open to other people’s ideas and opinions,” Woo explains. When we find ourselves not liking a person, it’s important to explore why. Sometimes there are legitimate reasons, Woo adds, but sometimes the issues are rooted in different cultures, communication styles, or other issues that can be overcome when we’re aware of them. 

By Madeline Hay, CAMICB’s Director of Exam Administration

The Community Association Managers International Certification Board (CAMICB) is poised to usher in a new era for the Certified Manager of Community Associations (CMCA) exam, offering a revamped blueprint that mirrors the dynamic landscape of association management across the globe. These changes, stemming from a thorough job analysis study conducted between 2021 and 2022, reflect an evolution in the core competencies required by community association managers worldwide.

Job Analysis 

Job analysis is the cornerstone of ensuring that the CMCA exam remains an authoritative assessment tool, reflecting the contemporary roles and responsibilities of association managers. This comprehensive study involved a multifaceted approach, dissecting the complexities of association management to chart a revised course for the credential.

The task of redefining the blueprint through job analysis was a colossal undertaking spanning 18 months. The comprehensive study involved 13 project phases, including reviews of over 100 primary source documents, survey responses from 3,000 managers around the world, and more than 90 hours of collaborative meetings with 55 subject matter expert volunteers. Notably, 20 of these experts were sourced internationally, reflecting the global significance and diverse perspectives encompassed in this endeavor. This validation process ensured that the CMCA exam blueprint aligns with the real-world experiences and challenges faced by professionals in the field.

Updated Blueprint 

The job analysis study resulted in an updated blueprint that encapsulates the requirements of modern community association management. Notable changes include a reorganization of job tasks and knowledge into six principal categories compared to the previous eight, allowing for a more cohesive representation of the industry’s nuances.

For instance, content previously segregated into distinct categories, such as “Budgets, Reserves, Investments, and Assessments” and “Financial Controls,” will now be consolidated under broader headings like “Financial Management” and “Risk Management.” This streamlined approach better reflects the multifaceted nature of association management, presenting a more cohesive and holistic assessment framework for aspiring CMCA candidates.

One of the findings of the job analysis study was a significant emphasis on meetings and events in the daily responsibilities of early-career managers. Consequently, the exams will see an expansion of the “Meetings and Events” domain from 10% to 18%. Furthermore, “Property Maintenance” and “Risk Management” will increase by 3% and 4% respectively, while “Contracting” reduces from 13% to 10%.

Notably, the human resources domain, constituting 6% of the current exam content, will no longer feature in the revised blueprint.

Current Blueprint (Remains Until December 2024) 

Updated Blueprint (Starting in December 2024) 

The CMCA Candidate Handbook and the CMCA Study Guide have been updated to reflect the revised blueprint. The current Handbook and Study Guide – valid through December 2024 – will remain on http://www.camicb.org through the end of December. The updated Study Guide and Handbook are also now available on the website. After December 2024, only the updated Study Guide and Handbook will be available.

Managers planning to test before December 2024 should refer only to the current Handbook and Study Guide. Managers planning to test after December 2024 should utilize only the updated Handbook and Study Guide. 

Looking Ahead

The redefined CMCA exam blueprint, meticulously curated through a comprehensive job analysis study, embodies CAMICB’s commitment to elevating industry standards. 

These changes are not merely cosmetic but serve a foundational purpose—to ensure that the CMCA exam genuinely reflects the essentials of community management worldwide. The blueprint revisions align the exam content with the ever-evolving needs of the profession, encapsulating the industry’s best practices, irrespective of geographic nuances.

Stay tuned as CAMICB offers more in-depth exploration of the blueprint throughout the next year leading up to the December 2024 change, symbolizing a leap forward in certifying the finest professionals in community association management.

Questions regarding the launch of updated forms of the CMCA examination may be forwarded to info@camicb.org or call 703-970-9300.  

Majority also want extra pay for RTW: Survey

BY Dexter Tilo for HR Director magazine

A majority of employees in the United States want employers to cover their commute expenses if they are expected to return to the office, according to a new survey.

Ringover’s survey of 1,038 employees revealed that 96.3% are willing to compromise if provided with benefits that would make the return to work (RTW) more pleasant.

The most sought-after benefit among these employees is a paid commute, according to 83.2% of respondents.

The daily commute is one of remote employees’ “most obvious” challenges when returning to the office, said Ringover, noting that longer commutes can disrupt work-life balance and lead to burnout.

Additional pay requested for office return

In addition to perks, employees in the United States also said they would comply with an office-return policy if this meant getting a higher salary.

According to the Ringover survey, nearly half of employees want to be paid an extra $5,000 to $10,000 annually for returning to the office.

The findings come as 29% of employees reported receiving mandatory office-return instructions, while another 38% said they were “heavily encouraged.”

Only 17% of the respondents haven’t received an office-return mandate, while 14% said their related policy was optional.

BY Dexter Tilo For Human Resource Director

A majority of people leaders across the world are starting to evaluate employees based on skill, citing its impact on retention and diversity, according to a new report.

Salesforce data revealed that 82% of people leaders believe that skills-based experience is highly important when evaluating candidates.

It comes as 98% believe that shifting to skills-based hiring provides business benefits that include:

• Talent retention (56%)
• Increased workforce diversity (48%)
• Knowledge sharing (46%)

Skills-based hiring is a growing workplace trend that experts say could widen employers’ talent pools and help fill job vacancies.

Digital skills in demand

According to the report, two in five people leaders name digital skills as the most important candidate attribute, saying that it has a positive impact on:

• Increasing productivity (47%)
• Better team performance (43%)
• Improved problem-solving skills (40%)

They added that in the wake of AI and automation, the following skills will grow more important in the workplace:

4 in 5 people leaders cite skills as most important for hiring: survey

• Data security skills (60%)
• Ethical AI and automation skills (58%)
• Programming skills (57%)

Soft skills will also be more important, such as imaginative skills (56%), customer relationship skills (53%), and leadership skills (51%).

Digital skills lag in workforce

However, the report also discovered that the workforce has yet to catch up with evolving skills, particularly on generative AI, looked for by candidates.

Four in five employees said they use digital skills in their daily work, but only a few of them said they have skills beyond collaboration technology, digital administration, and digital project management.

Only one in 10 of the respondents said they use AI in their day-to-day activities, according to the report. It also found that only 14% said their role needs skills such as encryption and cyber security, while a smaller 13% claim to use coding and app development skills.

The findings indicate that upskilling will likely be a necessity in the future, as also predicted by various organisations in the wake of AI and automation.

Salesforce’s report also revealed that 97% of global workers believe businesses should prioritise AI skills in developing them, as about 60% said they feel excited of using generative AI for work.

The report surveyed a total of 11,035 working adults across 11 countries, including Australia, Singapore, USA, India, among others.