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Fences & Gates
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Disclaimer:
This Directory and helpful hints are intended for general informational purposes only. Listings on this site do not infer endorsements, referrals or recommendations by the Neighborhood Resource Center. The Neighborhood Resource Center does not dispense legal or professional advice and has not undertaken to assure this material matches the facts that might exist in every situation. It is strongly recommended that you check with a private attorney or other expert professional of your choosing for guidance about how this information applies to your particular circumstance.

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FENCES & GATES

FENCES
Excerpt from Neighbor Law: Fences, Trees, Boundaries and Noise
(Neighbor Law, 4th Ed), by Cora Jordan

SUBDIVISION RULES
House deeds in planned unit developments and subdivisions often restrict the owners' freedom to erect fences, dictating the materials to be used, maintenance and maximum heights. This is done to assure uniformity and adherence to design standards in the subdivision obligates them to abide by these restrictions.

If the restrictions are simple and very few in number, they may be in the deed itself -- for instance, if the only restriction is that the property is to be used for a single family dwelling only. However, when they are elaborate -- and most are -- the deed refers to separate document usually called the Covenants, Conditions and Restrictions (CC&Rs). Fence regulations are usually found in these CC&Rs.

GATES
Gated Community
By Chris E. McGoey, CCP, CSP, CAM
Excerpt from www.crimedoctor.com/gated.htm

Do Gates Reduce Crime?
This is the most common question that is asked. The answer is always a qualified, yes. Fences and working gates definitely reduce unauthorized vehicle and foot traffic on a property especially late at night and early in the morning. For many properties, traffic reduction alone is enough to reduce much of the crime. Note my emphasis on "working" gates.

Gated communities should not claim to be able to prevent all crimes. Gates and fences is just another tool to help a property manager fight crime. More tools are usually required to do the complete job. Support by the residents and management is required to maintain an effective gate system. Management needs to educate the residents how the property use the gate system and how to report abuse and damage. Residents' need to report or challenge unauthorized persons using the gates and not give out gate codes unnecessarily. Management needs to periodically change the master gate code to screen out former repair vendors, a zillion pizza delivery companies and former residents.

Which Gate Type Is Best?
The best gate type depends on the purpose and property types. Swinging gates look the best and are selected more often for private single-family residential communities. The downside is the cost and maintenance expense. Two gate operators are required to open each wing of the gate, which doubles the expense and requires twice the maintenance. Swinging gates also get damaged more often as anxious drivers hit them as they enter the property with their cars.

Gates that slide horizontally are less attractive, but are cheaper to purchase and maintain. Only one gate operator is required and it has fewer vulnerable parts to break. When a car clips a sliding gate, the usual result is getting knocked off the track as opposed to bending or breaking a control arm or weld point.

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LANDSCAPING SERVICES

SELECTING THE LANDSCAPE MAINTENANCE CONTRACTOR
Community Associations Institute, GAP Report #12
Edited by James B Cranford, AMS, PCAM

Key Points For Selecting the Landscape Maintenance Contractor
· The landscape maintenance budget is a major expense in association management.
· By properly contracting for landscape maintenance and services, an association can save money and extend the life of planted goods.
· When selecting a contractor, the association should consider the quality of the contractor's personnel. Satisfactory performance requires a well-supervised, competent staff.
· When evaluating a contractor, insist on current references. Contact each reference and tour the grounds in person.
· Realistic specifications ad maintenance schedules are critical to a contractor's successful performance.
· All quotes should be based on one set of specifications. Additional proposals should be considered if they are submitted as an addendum to the specifications.

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MANAGEMENT SERVICES

THE MANAGEMENT SEARCH
By Dee McGee, PCAM

Professional management benefits the board of directors by providing guidance in the financial and administrative operations of the corporation and maintenance supervision over its property and assures continuity of the day-to-day operation.

Important Steps in the Process
Step 1. The board should start by preparing detailed management specifications, which spell out every duty the manager is expected to perform or oversee. Listing the reasons why there is dissatisfaction with the present management is also part of the step. From the exercise you may find that your present manager could perform better if areas of dissatisfaction were discussed and perhaps renegotiated. Continuity of operations a great benefit to the association, however, if evidence points to absolute incompetence or if the or if the manager is no longer willing or able to continue, then proceed to find a new company.

Step 2. With a sound set of specifications prepared, identify at least three companies, which offer association management. To avoid confusion, have only one person designated as the contact with the representative of the management companies. Because each association has different amenities, problems, construction and special needs which will require specific amounts of time, no experienced association management company should be expected to give you a price over the phone and you should proceed carefully if any management company does.

Step 3. Send each interested company a Request for Proposal package, which includes a list of your specifications, a copy of the association legal documents, a copy of the most recent budget and financial statements (absolutely imperative) and any other information you think the manager needs to know. Some companies even have a form they ask the association to fill out so they get all the information they need.

Step 4. Invite each management company representative to meet separately with the contact person on site. This visit should include a question and answer session plus a tour of the property. Ask for references. Ask about the education, training and experience of the management staff available to your association.

Step 5. After the interview and receipt of written proposal, contact both present and former clients of the companies being considered. Ask about the ratio of staff to associations managed.

Step 6. The final step is to chose from the proposals that company which the board decides will best meet the associations needs. Do not just choose the lowest bidder.

CHOOSING A MANAGEMENT COMPANY
Community Association Institute; GAP REPORT #8
By Michael E. Packard, PCAM,CPM

Professional designations are used to indicate management companies' experience and education level, which are recognized through initials after their name. Common management designations include:

CMCA - Certified Manager of Community Associations (designation by CAI); credential to people who demonstrate fundamental knowledge in managing common-interest developments. Certification candidates must complete CAI's M-100: The Essentials of Community Association Management course and the National Certification Examination. Managers must recertify every 2 years and must demonstrate 16 hours of continuing education.

AMS - Association Management Specialist (designation by CAI); an association manager meeting specific industry criteria of professional association management, to obtain this certification each person must have two-years experience managing the financial, administrative, and facilities operations of at least one association. They must also complete CAI's M-100: The Essentials of Community Association Management in good standing. The AMS designation must be renewed every 3 years.

CPM - Certified Property Manager (certified by the institute of Real Estate Management (REM)), with emphasis on commercial real estate management.

PCAM - Professional Community Association Manager; the highest designation for a manager who has at least three years confirmed professional community association management experience and completed a rigorous education program and completed the PMDP course, a comprehensive educational courses for association managers.

AAMC - Accredited Association Management Company (designated by CAI); a management company must adhere to CAI's Professional Manager Code of Ethics, have managed associations for at lease three years, show that at least 25% of its managers hold a PCAM, AMS, or CPM designation or CMCA certification, provide continuing education for its management staff, and distribute essential financial reports to the board at least quarterly. They also complete other requirements as well.

The Selection Process
Selecting a new management company can be overwhelming. A board must put together specifications, interview management companies and their clients, inspect properties, and interview company employees. A change in management should be a long-term decision. Invest time in the decision and allow time to make and evaluate improvements. The board can divide this process into the following steps:
· Create an ad hoc committee to help the board in the selection process
· Prepare specifications for management
· Identify several local management companies that, if available, could be potential managers for the association (the number of companies contacted will vary depending upon the region)
· Mail a proposal request to the selected firms
· Conduct interviews with the companies in their offices and with present and former company clients
· Analyze management company proposals, in-house interview forms, and client referral forms
· Make a final selection
· Send a letter to the firms that are not chosen, thanking them for their proposal and informing them that someone else was chosen.

Specifications of Management Companies
Specifications dealing with fiscal responsibilities should typically entail assessment collections, delinquency follow-up, bill approval and payment, payroll accounting for on-site employees, financial reporting format (cash versus accrual), budget preparation, and periodic reserve analysis responsibilities. Management must cooperate with an outside public accounting agency requirements, the association's governing documents, internal management controls, and the board of directors' expertise and supervision.

Specifications also should:
· List which meetings management is expected to attend and how long management should stay
· Note whether the manager or volunteer (or both) will take meeting minutes
· Maintain up-to-date resident and tenant (reenter/lessee) rosters
· Prepare any required association certificates for the sale of a unit and other functions entailed in property transfers
· Update and publish owner information pamphlets
· Welcome new owners
· Edit, produce, and distribute the newsletter
· Coordinate special mailings
· Define special photocopying responsibilities
· Prepare and coordinate specifications and proposals (the power to award contracts should rest with the board of directors).

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POOL SERVICES

LIFEGUARD QUALIFICATIONS
Provided by Lifeguardingjobs.com.

To become a lifeguard you must be 15 years of age and you must take a lifeguard certification course, which includes Lifeguard Training (renewed every 3 years), Standard First Aid (renewed every 3 years) and CPR (renewed every year). Call your local American Red Cross for class information.

American Red Cross
San Antonio Area Chapter
3642 E Houston Street
San Antonio, TX 78219-3830
210-224-5151
http://www.saredcross.org/
http://www.redcross.org/services/hss/aquatics/

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PROFESSIONAL SERVICES

ATTORNEYS
HOW TO SELECT & USE ASSOCIATION LEGAL COUNSEL
Community Associations Institute, GAP Report #13
By Thomas J. Hindman, Lynn S. Jordan

Key Points
· To derive full benefits form legal counsel, an association should choose counsel whose expertise ranges over the entire field of community association law. While limited expertise may suffice when an attorney is chosen for a very specific job, such as defending a wrongful termination claim, a wide spectrum of knowledge is preferable for general counsel.
· At one time or another during its existence, a community association is likely to encounter issues involving nearly every field of legal practice - but with a specific twist needed for community associations.
· It is almost never advisable to hire a member of the association to be the association attorney, whether compensated or on a volunteer basis.
· Do not select an attorney solely on the basis of their rates.
· The association manager can be a valued and powerful ally in the attorney search process and should be involved in each step of the search for an association attorney.
· Attorneys expect potential clients to ask for detailed information about the attorney's fees and billing practices. There is no need to be shy about this.
· To help control fees (especially for associations that have chosen an hourly rate payment basis), the board should designate one person to interact with its attorney.
· The Association's attorney is a legal counsel to the community and does not represent the board or a single member of the board, not any particular officer or homeowner.

The Selection Process
To ensure success, the board of directors or appropriately charged committee should complete this basic six-step search and selection process:
1. Identify and articulate the specific needs and requirements to be addressed by an association attorney.
2. Prepare a Request for Proposal (RFP) identifying the services required.
3. Develop a list of candidates using reliable referrals from appropriate sources and provide each candidate with a copy of the association's RFP.
4. Review the various responses to the RFP and select an appropriate number of attorneys for personal interview.
5. Interview and check references of the attorneys under consideration.
6. Select the attorney best suited for the position based on the association's needs and requirements.

CERTIFIED PUBLIC ACCOUNTANTS (CPA'S)
CPA - A public accountant who has been certified by a state examining board as having met the state's legal requirements. They are advisors to small neighborhood businesses, work for public accounting firms, both small and large, they are strategic business advisors and decision-makers, and act as consultants on many issues, including taxes and accounting.

INSURANCE
RISK MANAGEMENT THROUGH INSURANCE

COMMUNITY ASSOCIATION INSURANCE
Community Associations Institute, GAP REPORT #4
By Clifford J. Treese, CPU, ARM & Katharine Rosenberry

How to analyze Community Association Insurance Requirements
1. Examine the governing documents and related rules, regulations, and resolutions.
2. Examine the state of enabling statute, if any, which created the association.
3. Determine if any local, state, or federal laws apply.
4. Determine if the association needs to comply with FNMA, FHLMC, FHA, or VA requirements.
5. Determine if the association has assumed any insurance or indemnity obligations under a contract with a vendor, contractor, or other service provider.
6. Use good business judgment and read the insurance contracts.

Bid Calendar
Typically, associations renew their insurance policies on an annual basis. Different policies, however, have different annual policy periods. Therefore, it is important to maintain a chronological schedule of coverage inception dates.
· Leave at least 90 days lead-time for the bidding and evaluation process.
· Provide bidders with bid packet information.

Personnel Insurance Coverages
Workers compensation and employers liability is one form of personnel insurance coverages.
· Workers compensation is governed entirely by statute and is designed to pay whatever benefits the applicable statute prescribed; coverage premiums are determined by the occupational class of the employees involved
· Employers Liability (EL) coverage protects employers from suits brought by injured employees to recover money damages separate and distinct from claims for workers compensation benefits.

Property Insurance Coverages
The policies and coverages listed below are available in the community association marketplace.

D&O - Directors and Officers liability insurance policy as required by the CC&R (Covenants, Conditions and Restrictions), which dictates the responsibilities and duties of the association

Community Package Policy
The commercial property policy of the commercial package policy (CPP) provides coverage for most of the associations property exposures to loss. The Commercial General Liability (CGL) coverage part of the CPP provides most of the legal-liability protection a common interest community requires. In 1986, general liability forms were significantly revised to include a "plain English" format and broadened coverage. Virtually all insurers now offer this expanded CGL form.

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OTHER SERVICES

STREETS
STREET LIGHTING
Excerpt from the City of San Antonio, Department of Public Works, http://www.sanantonio.gov/publicworks/trafeng/StreetLighting.asp?res=1024&ver=true

Philosophy: San Antonio's street lighting philosophy is twofold: Arterial streets typically are lighted so that the whole street length is illuminated; this is done by placing street lights relatively close together, e.g., 175-200 feet apart. Usually the luminaries, i.e., bulbs, used in this type of streetlights use 250 watts of power, the light technology medium is high-pressure sodium vapor.

Residential streets are typically lighted so that a silhouette is created by anything or anyone on the road at night. This is created by providing a streetlight at each intersection and sometimes at mid-block locations if the block is over 600 feet in length. They can also be installed at points in the street where the potential for traffic accidents is particularly great. Usually luminaries used in this type of streetlight use 100 watt of power.

Requesting: To request a streetlight on your street you need to contact the City of San Antonio at 207-8075. If your location qualifies, a form will be mailed to your residence for neighbors to sign. Signatures are required from all neighbors residing adjacent to the proposed location of the streetlight. This form is only required for mid-block streetlights. NO forms or signatures are required for intersections.

Private Streets and Subdivisions: The sub-divider of Homeowner Association may contract with City Public Service for the installation of streetlights inside a subdivision consisting of private streets. All operating costs are to be paid by the Homeowners Association.

Alleys and Drainage Areas: The City of San Antonio DOES NOT install Streetlights in alleys or drainage areas.

Maintenance: City Public Service is responsible for all street light maintenance INSIDE the city limits. To report a streetlight that is not working or any other problem contact CPS at 353-EASY or 353-3279.

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