The Condominium Form of Home Ownership

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Nicolet Parc Condominium
Answers to questions regarding the Condominium Form of Home Ownership
A Privately Published Newsletter
Nicolet Parc Condominium is a Corporation…
Our Articles of Incorporation specify our name and its existence
as perpetual. The purposes, among others are:
Article III (b) “To serve as a means through which the Unit owners
may collectively and efficiently administer, manage, operate and
control the condominium property in accordance with the
Condominium Ownership Act and the Declaration…”
Article IV (c) To maintain, repair, replace, reconstruct, operate and
protect the Common Elements and facilities and Limited Common
Elements as set forth in the Declaration.
What Board Members Do…
Board members act on behalf of the homeowners… so it will
want to be the best board member possible. Because while a
smoothly functioning board can be nirvana, a dysfunctional, and
micro-managing board can be an association’s worst nightmare. To
have a successful, productive board, it must first see the big picture.
The Board can do this by adhering to the following guidelines:
• Create a mission statement. By doing this, the board establishes
the goals and priorities for the association. The association’s
governing documents are the key to writing a mission statement
by ensuring that it does not exceed the purpose of the association.
• Know the governing documents. Association documents set
limits and restrictions while spelling out the purposes and powers
of the board, the owners and the association. They also define the
fundamental characteristics and structure of the organization.
• Be professional. Behave at a board meeting as one would at any
other business meeting. Remember, you are running a
corporation, an entity that may be responsible for millions of
dollars in assets as well as the property values of every home.
• Eliminate personal agendas. The board has a fiduciary
responsibility to every owner in the community as well as to the
association. You must act in good faith and with a reasonable
degree of care, and you must not have any conflicts of interest.
Our Governing Documents…
When someone buys in to a condominium community, they do so
with the reasonable expectation that the condominium documents
express the vision, rights and the responsibilities of the
This Newsletter is published for the benefit of the Nicolet Parc Homeowners
January 2015
Condominium Association. Governing documents typically
include several items in descending order of authority. These
documents must not conflict with federal regulations, state
statutes, or local ordinances. It is important to have association
governing documents reviewed by an attorney to insure they do
not conflict. Now, so that we are all on the same page:
1. Declaration
The Declaration is the first order and contains the Covenants,
Conditions and Restrictions (CCR’s) that regulate resident
behavior. They bind all the owners to the Association, establish
association responsibilities and define owners’ rights and
responsibilities.
2. Condominium Plat
A certified map of the condominium grounds, displaying the
building location and the Common Area property including the
roads and parking spaces. Limited Common areas are specified in
8.1 of the Nicolet Parc Declaration and the Wisconsin
Condominium Law (Statute 703.09.1.a).
3. Articles of Incorporation
Articles of Incorporation initially create the corporation under
state law and define the associations basic purposes and powers.
They may specify such things as the number of directors, terms of
office, and other specifics about how the board functions.
4. Bylaws
Bylaws contain provisions concerning actual association
operations, such as meetings, procedures for electing the board
members and officers, and general duties of the board. Sometimes
the bylaws cover the same topics as the Declaration. By-Laws may
be amended (10.1) …by the affirmative vote of Unit members
having 67% or more of the votes in the Association. These ByLaws are subordinate (11.5) and subject to all provisions of the
Declaration and the Condominium Ownership Act (Wis. Statute
703), which shall control in case of any conflict…
5. Rules and Regulations
Rules and regulations must be consistent with the Declaration, the
Bylaws, and State law. Rules are typically presented at a Board
meeting in the form of a motion. From there it goes to a public
hearing for comment/discussion. After that, it is finalized, adopted
and published. Making and enforcing rules are important
responsibilities for boards that must be undertaken with care.
Board members should familiarize themselves with all association
resolutions along with the other governing documents.
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Homeowners
Newsletter - January, 2015
Answers to commonly asked questions as found in our
Declaration…
These statements are found in the first section of our
condominium instruments known as the Declaration, and are found
there by the section number ID shown below.
What best describes the Nicolet Parc Common Elements
Section 7.1 Description. The Common Elements shall consist of
all of the Nicolet Parc Condominium, except the individual Units
and fixtures therein... and shall include the land on which the
buildings are located; the private roadways, building structures and
exteriors, perimeter and bearing walls; common sidewalks,
driveways and walkways; building roofs; foundations; pipes;
ducts; electrical wiring and conduits; utility services; public utility
lines; master TV cable or antenna and lines; water mains and lines;
sewer laterals; outside walls, girders, beams and supports; outside
landscaping.
What best describes the Nicolet Parc Limited Common
Elements
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Section 8.1 Description. Limited Common Elements shall be
reserved for the exclusive and pursuant use of the owner or
occupant of the Unit to which they are appurtenant, to the
exception of all other units.
Section 8.2 Use. The manner of use of the Limited Common
Elements shall be governed by the By-Laws of, and such rules
and regulations as may be established by, the Association, and
no Unit owner shall alter, remove, repair, paint, decorate,
landscape or adorn any Limited Common Element, or permit
such, in any manner contrary to such By-Laws and rules and
regulations…
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known as Nicolet Parc Condominium Association, Ltd. (the
Association).
Where is the Liability for Common Expenses with regard to
the Common Elements and Limited common Elements?
Section 16. Liability for Common Expenses. The cost of
administration of the Association, insurance, repair, maintenance
and other expenses of the buildings, improvements, the Common
Elements and Limited Common Elements, including common
services…shall be paid for by the Association. The Association
shall make assessments against the Unit owners and the Units for
such common expenses in accordance with the percentage of the
undivided interest in the Common Elements relating to each unit,
in the manner provided in the by-laws of the Association. No unit
owner may exempt himself or herself or his or her Unit ownership
from liability from his or her contribution toward the common
expenses by waiver of the use or enjoyment of any of the Common
Elements or Limited Common Elements or services…”
Communicating with Homeowners…
Communicating with members and residents will do more
to ensure the success of the Board and the Association than any
resolution the Board may pass or rule it enacts. This instills trust
for members who want and need open communication.
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Newsletters. The association newsletter is a valuable and
important way to communicate with residents. The board may
prepare the newsletter or delegate it to the manager or a
volunteer homeowner. Articles by homeowners could also be
included.
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Websites. Things have changed since Nicolet Park became a
condominium in 1997. Making full use of todays technology
will strengthen any association’s communicating program.
Websites and blogs are cheaper, faster, more accessible and
more convenient than traditional means of communication
such as snail mail or bulletin boards. Websites provide
immediate and interactive exchange of information.
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Email allows board members, managers and residents to
communicate effectively because it’s convenient, provides a
written record, allows a quick exchange of documents and
reduces postage expenses.
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A Nicolet Parc Blog is established where articles are posted
and links are listed for a variety of Glendale local services and
condo information from around the country. Find it at
GlendaleLiving.blogspot.com
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Text messaging is not just for kids and young adults. Most
service providers now offer unlimited minute plans for talk
and text; and those with smart phones can even speak to enter
text, making texting quite convenient. Emergencies do arise
and a texting program and/or email can make short work of
informing residence of a problem.
12.3 Each Unit owner shall keep the Limited Common
Elements…in a good, clean and attractive condition.
9. Ownership of Unit and Percentage of Ownership in
Common Elements and Limited Common Elements
Each Unit owner shall own a fee simple interest in his or her Unit.
Each Unit owner shall also own an individual interest in the
Common Elements and Limited Common Elements as a tenant in
common with all other Unit owners.
The percentage of such ownership of the Common Elements and
Limited Common Elements relating to each Unit and its owner for
all purposes, including voting and proportionate payment of
common expenses, shall be determined by dividing the number
one (1) by the number eighty-eight (88), or approximately 1.136%.
What does “The Association” mean?
10. Association of Unit Owners. All unit owners shall be entitled
and required to be a member of an association of Unit owners to be
Portions here are from the Center for Community Association “Board Members Tool Kit” 2009.
Homeowners Newsletter - January, 2015
With the New Year comes new opportunities and areas for
improvement. Just as we make personal resolutions, now is the
time to set goals for our homeowners association. With clear goals,
the board can work to successfully make improvements to the
HOA community and better serve its members.
How the Board sets HOA goals… Before you get together with
your board, reach out to your homeowners to determine their top
goals and needs for the community. Asking for homeowner
feedback provides ideas board members may not have thought of,
but also makes homeowners feel they are being listened to; which
could help in recruiting volunteers to work on completing those
very goals.
Then, bring this feedback to the meeting for review. Together,
select the top areas for improvement, prioritize your goal list and
put it in writing. Review your list and be sure the goals are realistic
in terms of budget, resources and time. Then categorize goals
between those that can be completed quickly and those that will
require more time.
Break any long-term goals into stages and recruit homeowners to
volunteer to help complete each stage. Share your goals with
homeowners and your property manager and communicate goal
progress—and recognize those who have helped in completing the
goals—on your HOA website or newsletter.
At the end of the year, review and communicate results.
• Common HOA goals. HOA’s goals will vary depending on the
community’s unique needs. However, there are some goals that
are necessary for all HOA’s. When setting goals, consider:
• Improving communications. When homeowners aren’t
communicated with, they can grow resentful of the board’s
actions, and trust is abandoned. When board members don’t
communicate to each other, inefficiencies and frustration
develop. And when no one communicates with outside vendors,
issues exacerbate and costs escalate. Develop a communications
policy and method for keeping homeowners, board members and
contractors informed.
• Recruiting volunteers. Numerous volunteers are needed to help
the board achieve its goals. Attracting and retaining volunteers
through gatherings and recognition can build a strong team of
interested and motivated homeowners.
• Reviewing your contracts. Look at your expenses over the past
year. Were there vendors you didn’t use? Or areas where you
could cut back? Or perhaps there were areas that would have
benefited from a contracted vendor? Review your contracts so
you can budget accordingly for the next year.
• Improving meetings. Ask board members for feedback on how
to run more efficient meetings. Use agendas and set time limits
for each topic. Be sure meeting minutes are concise, contain only
facts and are recorded properly.
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The bottom line is… that the ability of homeowners associations
to influence the quality of life and property values in our
communities is increasing dramatically. Homeowners wanting to
protect their property values should seriously consider getting
involved in their homeowners associations. If you decide to take
the plunge, here are some key questions to ask in initially
evaluating how well your homeowners association is doing.
Does your homeowners association identify & train new leaders?
All successful homeowners associations (and businesses
for that matter) have systems in place to identify and train new
leaders. Associations conduct formal training of persons interested
in serving on the board of directors. New leaders, involved with
running committees, is a way of familiarizing them with the
Association operations. Homeowners associations are by and large
volunteer organizations. Unless there are plans in place to bring
new leaders into the fold, the pool of available talent can dry up.
When this happens, the same leaders tend to remain in office for
long periods of time creating a risk of the association stagnating.
Does your homeowners association have clear goals and vision?
Every organization should have clear goals and a vision.
Homeowners associations are no exception. Some directors of
homeowners associations think of their goal as nothing more than
maintaining what exists in the community. While there is nothing
wrong with this as a goal, it simply doesn’t go far enough. Setting
your community apart from others increases the value of each
owner’s property. If you drill down on association goals, you
quickly realize that there are many small choices that can be made
to differentiate your community while achieving the original goal.
Does your homeowners association regularly communicate with
its members?
The secret of success in any organization is good
communication. Homeowners associations that have good means
of communicating usually end up with a more informed and
happier membership. The means of communication available to
homeowners associations are numerous and include newsletters,
annual state of the homeowners associations reports, websites and
e-blasts. Distributing minutes and financial reports and inviting
owners to attend committee, annual and special meetings are good
ways to encourage good communication.
Is your homeowners association focused on building a sense of
community?
In the final analysis, a major function of homeowners
associations is to make the communities they serve, also an
enjoyable places to live. The more positive the interactions are
between neighbors, the greater the sense that the community is a
special place in which to live.
From… http://www.carter-realty.com/does-your-homeownersassociation-make-the-grade
There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to accept what is true. Soren Kierkegaard
Homeowners Newsletter - January, 2015
Community Associations Institute (CAI)
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Roberts Rules of Order
robertsrules.org
CAI is a national organization with more than 60 affiliates in the
United States, including Wisconsin. CAI provides information and
education to community associations and the professionals who
support them. Their mission is to inspire professionalism, effective
leadership and responsible citizenship.
Through the Wisconsin Chapter, CAI provides educational
opportunities, legislative support, publications, information from
across the United States, and online resources for board leaders,
property managers and business partners.
Whether one is a community association board member, unit
owner, homeowner, or professional who provides a service to the
community association industry—CAI has you covered! CAI is the
recognized expert for community association living, governance,
and management and the first and only national organization
created specifically to meet the needs of all community association
stakeholders. As a CAI member you will have access to
information on the trends in this rapidly changing industry—with
practical knowledge, insights from leaders in the field, best
practices, research, and tools you can use every day. You'll also
gain a network of industry colleagues—over 30,000 of them—and
a variety of benefits and services designed to meet your specific
and unique needs. CAI-Wisconsin gives its members the
opportunity to network, learn, and become leaders in the locale.
CAI-WI sponsors include Ogden & Company, Mark Cantey CPA,
Tom Halat’s Roofing Consultant, Hunt Management and
ServiceMaster to name a few. CAI-WI also sponsors an Annual
Trade Show to be held April 10, 2015 at the Potawatomi Bingo
Casino.
Some of these sponsors have also spoken at monthly meetings of
the Wisconsin Condominium Association, an informal group with
ten meetings per year. This association is facilitated by Adam
Bazelon of the Levine & Bazelon, S.C. Law firm.
CAI-Wisconsin website http://www.cai-wi.org
Wisconsin Condo Association website https://sites.google.com/
site/wisconsincondoassociation/home
Robert's Rules of Order is the most commonly adopted
parliamentary authority in the United States. It provides common
rules and procedures for deliberation and debate in order to place
the whole membership on the same footing and speaking the same
language. The conduct of ALL business is controlled by the
general will of the whole membership—the right of the deliberate
majority to decide. Complementary is the right of at least a strong
minority to require the majority to be deliberate—to act according
to its considered judgment AFTER a full and fair "working
through" of the issues involved. Robert's Rules provides for
constructive and democratic meetings, to help, not hinder, the
business of the assembly. Under no circumstances should "undue
strictness" be allowed to intimidate members or limit full
participation.
Some of the Rules
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This newsletter is edited by Richard Bublitz
Nicolet Parc Unit # 83
414-881-7412
email: [email protected]
Website: NicoletParcCondo.com
Blog: GlendaleLiving.blogspot.com
Point of Privilege: Pertains to noise, personal comfort, etc—
may interrupt only if necessary!
Parliamentary Inquiry: Inquire as to the correct motion to
accomplish a desired result, or raise a point of order
Point of Information: Generally applies to information desired
from the speaker: "I should like to ask the (speaker) a question."
Orders of the Day (Agenda): A call to adhere to the agenda (a
deviation from the agenda requires Suspending the Rules)
Point of Order: Infraction of the rules, or improper decorum in
speaking. Must be raised immediately after the error is made
Main Motion: Brings new business (the next item on the
agenda) before the assembly
Divide the Question: Divides a motion into two or more
separate motions (must be able to stand on their own)
Amend: Inserting or striking out words or paragraphs, or
substituting whole paragraphs or resolutions
Withdraw/Modify Motion: Applies only after question is
stated; mover can accept an amendment without obtaining the
floor
Object to Consideration: Objection must be stated before
discussion or another motion is stated
Reconsider: Can be made only by one on the prevailing side
who has changed position or view
Previous Question: Closes debate if successful—may be
moved to "Close Debate" if preferred
Informal Consideration: Move that the assembly goes into
"Committee of the Whole"—informal debate as if in
committee; this committee may limit number or length of
speeches or close debate by other means by a 2/3 vote. All votes,
however, are formal.
An iBook version of Robert’s Rules is available on iTunes
at $2.99
There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to accept what is true. Soren Kierkegaard

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