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Home Owners Association

Presentation

Kurt Kuebler

, CCM

Partner,

K

OPPLIN

& K

UEBLER

J. Adrian Morris

GM/COO, Berkeley Hall

Bob Salmore

, CPA

Director of Private Clubs Services, McGladrey

Terra Waldron

, CCM, CCE

(2)

Critical Elements of Being a

Home Owners Association

Bob Salmore, CPA

Director, Private Clubs Services

McGladrey

(3)

Topics for Discussion

Define what type of club you are

Compare and contrast

(4)

Define what type of club you are

Traditional Stand Alone Social Club

• Membership by invitation only • Probably no refundable equity

• USFRC/SFAS 117/Non-Profit Guide • 990 or 1120

Residential Country Club

• Inside the gates

• Separate club and HOA • Non-resident memberships

• Inherit many shortcomings from developer • USFRC/SFAS 117/Non-Profit Guide

• 990 or 1120

• Likely to have refundable equity • Real estate considerations influential

• Club / community / lifestyle / property value

Large Scale Association

• Bundled community – single purpose entity

• Common Interest Realty Association (CIRA)

• USFRC/CIRA Guide • 1120

Mandatory Membership Residential Club

• Separate club and HOA

• Membership is mandatory in both club & HOA • USFRC/SFAS 117/Non-Profit Guide

• 990 or 1120

• Recognizes benefit of homeowners supporting the club

(5)

“Please accept my

resignation.

I don’t care to

belong to any club

that will have me

as a member.”

(6)

Remember these Common Themes

Incorporated as a corporation “Not-for-Profit”

Social clubs should be organized for pleasure,

recreation, and other similar non-profit purposes and

all activities should be for these purposes

Personal contact, commingling, and fellowship must

exist among members

Members bound together by a common objective directed

toward pleasure, recreation, and other non-profit

purposes

(7)

Remember these Common Themes

Maintain the community as attractive and affordable

Membership joining fees are critical for

re-investment for capital assets

Golf courses are the most visible assets

(beautification ranks #1)

Capital planning for amenity maintenance and

improvement is critical

Strategic planning becomes more critical along with

(8)

Remember these Common Themes

Operating revenues tend to become “inelastic”

Membership level eventually peaks and becomes

static

Demographic changes cause step-downs in

membership categories and decreased utilization of

the facilities over time

Can only raise prices and fees so high

Many costs to operate are essentially “fixed”

Standards of Maintenance and Minimum Service Levels

Pressure is placed on dues to make up the

difference

(9)

Conceptual Issues

9

Bundled Community Private Club

• Not-for-profit but not tax-exempt • Governed by a board of directors • Residence = membership in the club

and access to all the amenities • Residents are subject to all

assessments (HOA fees)

• Few membership categories (often only one)

• Assessments are shared by the members

• Community is usually larger (more members) than a typical private equity golf club

• Operating costs spread over a greater number of unit owners

• Often lower overall costs per resident/member

• State requirements can be complex and stringent

• Not-for-profit but are usually federally tax-exempt

• Governance also traditionally by a Board of Directors or Governors,

• Often multiple membership categories • Dues vs. assessments (possible sales

tax issues)

• Prior to the real estate collapse, a

growing trend was conversion by private clubs to mandatory membership.

(10)

Membership Issues

Bundled Community Private Club

• As title to the property is transferred, the owner becomes a club member.

• Prior to turnover the developer is likely to advertise heavily and subsidize costs in order to attract buyers.

• Joining fees often substantially less than private club initiation fees

• Once fully developed, the membership remains constant.

• May have to absorb the cost of non-paying owners.

• CIRA has ability to lien a residence. • Average age of membership?

• Membership by invitation.

• Often a sizable initiation fee, which may or may not be refundable upon resignation.

• Membership retention a critical issue.

• Multiple membership from which to choose.

• Fewer members and more exclusivity • More exclusivity means increased

cost per member.

• Average age of membership? • Greater prestige?

(11)

Capital Planning

Bundled Community Private Club

• Common property maintenance a major issue

• Clearly defined in the governing documents

• Common areas maintenance costs can include roadways, utilities, landscaping, fencing, and security

• State statutes may require a certain level of reserve funding (reserve fund assessments)

• Reserve study engineering reports • Dealing with sub-associations a

challenge

• Capital budgets only deal with club facilities

• May decide to use only funds derived from new members’ joining fee

payments

• Funding depreciation considerations • Capital dues or special assessment

funding

• Long-range planning committee guesstimates

(12)

Board Governance

Bundled Community Private Club

• Typical Board consists of a representative from each

neighborhood or Association within the community, elected by that

specific neighborhood or Association. • Typically all meetings of the Board

must be posted in advance, and are open to all community members.

• Members attending the meeting must be given an opportunity to speak. • Know your state laws and covenants

• Members of the Board of Directors are generally elected from the entire membership, often from a slate of candidates selected by a Nominating Committee.

• In a private club, the elected Board members generally meet behind closed doors.

• Less state statutory regulation over governance

(13)

Key Success Factors for Leading

a Club Community Property

Terra S. H. Waldron, CCM, CCE

Vice President/General Manager

The Desert Highlands Association

(14)

It is important that a General

Manager/COO balance his/her

time between community and

(15)

A large part of the community’s

success is getting out in front of

issues before they become

(16)

What components does an H.O.A. require for

success in a private club community?

What is the general manager’s role for

maintaining a successful community?

(17)

Community Governance

17

Organizational Governance Structure

Community’s Governing Documents:

o

State H.O.A. laws

o

Community CC&Rs

o

Community Bylaws

o

Board Policy Manual

o

Community Rules of Conduct

o

The Community’s Design Review Guidelines

Staff who can assist with research – governing documents,

minutes and/or decisions made over the years

(18)

Legal Aspects of an H.O.A.

18

• Communication with the Association’s Attorney

• Real Estate Issues

• Covenants Issues – fair, firm, rules; the tranquility

of the community depends upon it

(19)

Security and Safety First

24 Hour Security – Security Breaches

o

Police Presentation

o

ADT Informational Presentation

First Aid & CPR Training for First Responders (Staff at

Many Levels) – Fitness Center Life Saved

Insurance Provider will Conduct a Safety Audit

Active Relationships with Local Municipalities (i.e.

(20)

Is Everything Under Control?

20

• Credentialed and Well-informed

Financial Controller/CFO

• Private Club and HOA Component

• Separate Budget Controls for

(21)

Marketing Membership Director

21

Real Estate Expertise

o

inventory, market trends, area brokers

Marketing Expertise

o

branding, collaterals, internet, social media

Membership Expertise

(22)

Community Property

22

Design Review Guidelines

Building Envelopes

Draining Issues

Competent Design Review and Residential

(23)

Design Review

23

Design Guidelines – Updated as Required

Example - Rules may need to change when

vehicles require parking outside a garage for an

extended period of time during a remodel so that

members may use their garage for personal

(24)

Residential Services

24

• Weekly home inspections

• Driving cars while members are away

• Watering Plants

• Flipping mattresses

• Assembling patio furniture

• Working with outside vendors for water leaks,

repairs, etc.

• Car washing services – twice weekly

• Etc.

(25)

The “Community” Difference

25

You are herding human life. The mentality is

different with a community because of

individual home ownership. Everything

becomes so personal that it’s different than a

free-standing country club. …And yes, there

will be covenants violations.

(26)

HOA Communications

26

Monthly Newsletter Mailings

Weekly Email Blasts

Emergency Email Blasts

Special Mailings

Rotating photo screens

Postings in Strategic Locations i.e. locker rooms,

the clubhouse, the racquet club, bathrooms and

member mailboxes

(27)

The Extras

27

Developing a unique HOA community means

thinking outside the box and providing “extras”

that speak to desire to care for the community.

Bringing local programs/services to the people

can include such things as art mentoring

presentations from the local museum, new

healthcare services to an aging membership,

etc.

(28)

Keys to Success

For Private Club HOA’s

And their Leadership

In the Current Environment

J. Adrian Morris

General Manager and Chief Operating Officer

Berkeley Hall Club

(29)

Berkeley Hall Club

An Overview

1,100 acre property in SC Lowcountry

2 Tom Fazio golf courses

36-acre Learning & Practice facilities (Top 10 in the

United States by

Golf Digest)

Spa & Fitness Center

Indoor and Outdoor Pools

6 Har-Tru clay tennis courts

7 Dining Venues

Riverpark – kayaks, boats, dock access

26 Four bedroom golf cottages

(30)

Berkeley Hall Structure

770 Members

554 Property Owner Members

216 Non-Property Owner Members

Member owned since 2006 (developer

handover)

(31)

Keys to Success for Club

in Current Environment

Board must think like a developer with real estate

and membership sales

Create vision and direction for club

Allow management team to carry out vision and

run the operation.

Balance the member experience and maintain

fiscal responsibility

Develop brand locally and nationally

(32)

Keys to Success in HOA leadership

Realize that it is more than just a club membership

Know what is going on in all areas

Make GM the Club’s face to the outside world and be

positive

Be accessible to all the Membership

Manage by walking around

Always support the Board – Always

Attend all committee meetings, including ARB

Responsible and Accountable

All communications and presentations on operations

should be done by the General Manager

(33)

The Club’s greatest asset –

the Right Team

Strong enough to run own department

Commitment

Pride

Inclusion

Low Turnover

(34)

Greatest Challenge

Moving Forward

“Maintain a first-class member experience and

assets which support property values, while

keeping the annual dues charges at an

acceptable and competitive level.”

(35)

Backing the Right Horse

“Small marketing decisions can sometimes have

surprisingly successful returns.”

(36)

Berkeley Hall Club Tour Pro & Resident

(37)

Round Table Discussions

How do you continue to improve and address

transparency with your board and your

member residents?

How do you deal with the fact that members

are around 24x7? They can’t help but

continually evaluate – it’s part of their daily

lives.

(38)

Round Table Discussions

When do you call or meet with the member

instead of write a letter to document? What is

the balance in handling a grievance/issue?

How do you build consensus for reinvestment

or significant improvement projects when

your member/residents don’t have the same

primary interest for being part of the club

References

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