AMG Has Volunteered to Construct a Custom Backyard Playset for a Four-year-old Pediatric Cancer Patient

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AMG has volunteered to construct a custom backyard playset for four-year-old Antonio Culp, a pediatric cancer patient in treatment for ependymoma, a tumor that starts in the brain or spine. Antonio loves tacos, the Buffalo Bills NFL team, Just Wanna Rock, basketball, and his five older siblings. He is the recipient of this free playset thanks to Roc Solid Foundation, a Virginia-based nonprofit that works with organizations and volunteers like AMG to Play It Forward and build hope for children and families fighting pediatric cancer.

It’s hard transitioning from child to pediatric cancer patient. The comforting everyday routine of school, play, and family activities are replaced with medical appointments, treatments, fatigue, and worry. Roc Solid Foundation is dedicated to returning a little bit of normal life to kids facing cancer by providing custom backyard playscapes. But they can’t do it without good neighbors willing to volunteer in the building process.

AMG specializes in supporting safe and happy neighborhoods. In the business of managing communities, helping one’s neighbor is an important responsibility. With a decades-old culture of giving back to the greater Charlotte community–both with money and volunteer hours–AMG is hosting a team-building day of as many as 25 employees at the Culp home to assemble Antonio’s free playset, which will include a tree/playhouse, swing, slide, climbing structure, and more.

For details on Roc Solid Foundation, visit rocsolidfoundation.org.

To learn about AMG, visit amgworld.com.

Tips on How to Manage a Successful Condo HOA Board.

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Introduction

Managing a condo HOA (Homeowners Association) board can be a challenging task, especially when dealing with diverse residents and their interests. However, with effective leadership and management skills, the process can be smooth, productive, and beneficial for everyone involved. In this blog post, we will share some tips on how to manage a successful condo HOA board.

1. Communication and Transparency

Communication is the backbone of any successful condo HOA board. It is essential to use effective communication strategies to ensure everyone is aware of updates, decisions, and expectations. A transparent approach creates a conducive environment for residents to voice their concerns, ideas, and opinions. Set regular meetings or use online platforms to reach out to residents and board members regularly.

2. Set Realistic Goals and Expectations

It is essential to have a clear understanding of the goals and expectations of the condo HOA board. Set measurable and achievable goals that align with the board's mission and objectives. Ensure that everyone understands their roles and responsibilities, and all expectations are realistic and achievable. Decide on the minimum standards expected from residents, tenants, and visitors in the community, and enforce them clearly and consistently.

3. Foster a Sense of Community

Building a strong sense of community is vital to maintaining a successful condo HOA board. Ensure that new residents are welcomed and made to feel part of the community. Organize events, programs, and activities that promote social interactions, networking, and teamwork. Encourage residents to participate and volunteer in the community's activities and engage in collective responsibility.

4. Financial Management

As an HOA community manager, you must manage the finances effectively. Ensure that all expenses are accounted for, and there are enough funds to cover essential expenses such as insurance, maintenance, and upgrades. Create a realistic budget and maintain a reserve fund for emergencies. Ensure that all residents are aware of the financial situation and that they have access to financial statements.

5. Stay Informed

As an HOA community manager, you need to be up-to-date on the latest legal requirements and regulations in your area. Stay informed about state and local laws, taxes, and other important regulations that impact the community. Attend training and development programs to stay informed about best practices and emerging trends in HOA management.

Conclusion

Managing a successful condo HOA board requires effective communication, goal-setting, community building, financial management, and staying informed. By applying these tips, you can create a conducive environment for everyone in the community and maintain a successful and thriving condo HOA board. Remember to stay engaged and approachable, always looking for ways to improve the community's welfare.

 

NC Bill to Restrict HOA/Condo Collections Would Harm Associations & Owners

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NC Bill to Restrict HOA/Condo Collections Would Harm Associations & Owners

Posted on April 26, 2023 by Jim Slaughter

https://blog.lawfirmcarolinas.com/bill-to-restrict-hoa-condo-collections-would-harm-associations-homeowners/

As described in my recent NC Community Association Legislative Update, one bill moving through the NC General Assembly is HB 542 “Protect Homeowners’ Rights.” In addition to placing further requirements on associations as to the collection of past due assessments, the proposal would prohibit the filing of a lien against an owner who fails to pay obligatory association assessments unless the amount is $2,500 “or one year of unit owners’ association assessments, whichever is lesser.”

The bill’s attempts to add protections to owners not paying obligatory dues may be well intentioned, but such a dollar cap before a lien can be filed will almost certainly harm all other owners in the association. The association’s expenses do not stop, even if assessments can’t be obtained from certain owners.

NOTE: This is not a bill to prevent foreclosure unless the owner owes $2,500 or one year of assessments–it prevents all even the filing of a lien on the non-paying owner’s property.

While a $2,500 or one-year minimum threshold before assessments can be collected might seem reasonable and charitable to owners, it would almost certainly harm associations and other owners due to the following:

  1. Given varying costs of living, assessments tend to be lower in North Carolina than in bigger, more expensive states or northern cities. We have associations with few amenities and limited common area or possibly just insurance on common elements or an entrance sign to maintain. It would take YEARS for owners to accrue $2,500 in assessments. North Carolina is not a super lien state (many states have a provision that if a mortgage is foreclosed, the bank must pay the association so many months of assessments). As a result, in North Carolina the lot could be sold or the property foreclosed upon long before the association could go after the funds.

  2. To not even be able to file a lien will mean that owner’s assessments will likely be lost. The property will get sold free and clear or a mortgage will foreclose and all assessments will be lost (as happens in states without a super lien statute). The sometimes-suggested alternative of bringing an actual lawsuit in the courts costing many thousands of dollars and at least a year in litigation to recover $1,000 in assessments is impractical.

  3. From a fairness standpoint, putting in such a cap basically means that more affluent associations can go after owners, but less affluent associations will have a deficit. As an example, a downtown condominium that charges $2,500 monthly assessments would reach the limit immediately. On the other hand, we have associations where it would take five years to reach the threshold and would have to get more money from existing owners. The legislators introducing the bill may think it is pro-homeowner, but it is only pro-nonpaying homeowner, as it will certainly be negative for the 95% of owners who are paying timely and must pay more.

  4. Dues are not less significant to smaller, less affluent associations. An association is a zero-sum game. There is no means of making up lost funds other than paying owners paying more, which may not be practical. Since the assessments may pay for items such as electricity or insurance on the common elements, those services will get cancelled.

  5. Both the obligation for the assessments and the right to lien and foreclose are part of the contract that every owner agreed to when buying into the community.

  6. At the end of the day, a lien for nonpayment of property assessments is much like other real estate liens, including materialman’s or mechanic’s liens. We don’t have state laws that prohibit a plumber or contractor from going after an owner for non-payment of work on the property unless it reaches a certain dollar amount. Associations should not be treated differently.

  7. If you put a cap, such as $2,500, below which you cannot effectively pursue collections, won’t owners go into arrears just less than that? There would be nothing to do as to the owners who keep their balance at $2,499, but that expected money which is part of the budget will be lost to the association.

  8. I’m don’t practice constitutional law, but the proposal as worded when applied to existing associations (versus future ones) seems to run afoul of the Contracts Clause  of the US Constitution (“No state shall pass any Law impairing the obligation of contracts.”). Here, the State would be interfering with the existing contract of the declaration. Rather than protecting private contract rights, this proposal would void them.

HB 542 may be well intended but would have very negative unintended consequences. An overwhelming number of NC community associations have low assessments. To those owners, though, it is significant money, and they should not be forced to pick up the deficit from other owners who fail or refuse to abide by their contractual obligations.

The bill and its current status can be found at https://www.ncleg.gov/BillLookUp/2023/H542.

Proposed NC Law Changing Declaration Amendments Would Harm Associations and Owners

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As described in my recent NC Community Association Legislative Update, an HOA/condo bill moving through the NC General Assembly is Senate Bill 553/House Bill 551 “Landlord/Tenant and HOA Changes.”

SB 552 and HB 551 are mainly focused on landlord-tenant issues, but both include a provision that any declaration amendments made by an HOA or condo association would “only affect lot owners whose lots are conveyed or transferred after the amendment takes effect.” Such an outcome impacting ALL declaration amendments would have disastrous consequences on many associations.

As a reminder, amendments to declarations can only be adopted if overwhelming supported by the members. State law provides that a declaration can only be amended by the “affirmative vote or written agreement signed by lot [or “unit”] owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies.”

Like all legislation, the bill may yet be amended to limit its scope. However, the bill with its present wording making all declaration amendments prospective would have significant negative repercussions:

  • Associations would no longer have common schemes of development, which is a major reason buyers purchase in homeowner and condominium associations. “That lot can have automotive repairs in the yard, but that lot can’t” is a bad outcome. Whether a particular lot is subject to a specific declaration amendment would depend on when the lot was purchased in relation to when the amendment was adopted. For an association to figure that out would require significant research and tracking. Adopted rental restrictions would only apply to owners purchasing after the declaration amendment was adopted, even if a specific owner voted IN FAVOR of the amendment to restrict short term rentals.

  • Declaration amendments cover far more than just rental amendments. Associations trying to fix insurance or maintenance issues in an older declaration could not easily do so. We have assisted many older condos or townhomes where the association’s insurance has simply become unaffordable. Members addressed the issue by amending their declaration as to reallocate what the association insures and what the owners insure. How could that possibly work if some owners are impacted by the change to insurance and others not?

  • Condominiums are not able to obtain FHA/Fannie Mae/Freddie Mac financing unless they have certain rental restrictions in place. As a result, we are often asked by older condominiums to amend the declaration to align with federal regulations. Saying that current owners are not impacted by a declaration amendment would mean the condominium is out of compliance with federal regulations. This bill as applied to condominiums will make financing for purchases of condos difficult to impossible for some condominiums.

  • Some association declarations provide a flat assessment amount to be paid by owners. The bill would mean that changes to dues would only apply to future owners. Different owners being obligated to different assessments depending on when they purchased their property is completely impractical from an association finance perspective.

SB 552 and HB 551 need more consideration and editing before moving forward. Otherwise, they will significantly and negatively impact North Carolina’s almost 15,000 associations and the 2.8 million owners living in them.

The bill and its current status can be found at https://www.ncleg.gov/BillLookUp/2023/H551.

A Review of the Nextdoor App

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As a homeowners association manager, I have seen the impact that social media platforms like Nextdoor can have on our communities. While there are certainly benefits to using the app, it is important to recognize the potential negatives and concerns that come with it.

On the positive side, many residents credit Nextdoor with helping them feel safer and more connected in their communities. It is a great resource for sharing business recommendations, posting neighborhood photos, and retrieving lost pets. However, when it comes to sensitive issues like crime or suspicious activity, it is important to evaluate the credibility of the poster before giving it much value.

The hyperlocal focus of Nextdoor can make it easy for individuals to report on activity in their neighborhood, but it is important to remember that not all reports may be credible. It is important to use common sense and critical thinking skills when evaluating these reports. If something seems off or exaggerated, it is important to take a step back and consider the source.

Nextdoor has implemented limits on political posts, including restrictions on reposting campaign news and sharing non-local news about national or international politics. If you notice these restrictions being violated, it is important to report them.

Another concern with Nextdoor is the potential for posts to become overwhelming and spammy. While it is great to stay informed about local events and issues, it can be frustrating to constantly receive notifications about irrelevant or repetitive posts.

To combat this issue, Nextdoor has implemented features like post filtering and muting notifications from certain users. It is important for users to take advantage of these features and customize their notification settings to fit their needs.

Additionally, it is important to remember that Nextdoor is a public platform and to be mindful of what is posted. Overposting, spamming, or posting irrelevant content can be detrimental to the overall community experience. By being respectful and considerate in our posting habits, we can ensure that Nextdoor remains a valuable resource for our communities.

In conclusion, Nextdoor can be a great tool for connecting with your neighbors and staying informed about local events and issues. However, it is important to be aware of the potential negatives and concerns that come with using the platform. By being mindful and using critical thinking skills when evaluating posts, we can ensure that Nextdoor remains a positive resource for our communities.

Paul K. Mengert, CEO

Association Management Group, Inc. 

www.AMGworld.com

*It should be noted that the above is expressed solely as a personal opinion. Individuals are encouraged to draw their own conclusions based on all available information and not rely on any single opinion. 

Marshall Aerospace is Joining the Piedmont Triad International Airport (PTI) Campus of Aerospace Companies

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AMG’S CEO, Paul K. Mengert, who also serves as the Chairman of the Piedmont Triad International Airport announced the exciting news that Marshall Aerospace, a global leader in aircraft maintenance, repair, and overhaul services, is joining the Piedmont Triad International Airport (PTI) campus of aerospace companies.

With a $50 million investment and plans to create 240 jobs, Marshall Aerospace will add to PTI's reputation as the premier aerospace campus in the US. Their cutting-edge technologies and decades of experience make them a perfect fit for PTI, where they'll primarily service C-130 aircraft. Marshall Aerospace joins other industry leaders such as Boom Supersonic, Haeco, Federal Express, and Honda Jet, who have all recognized PTI's potential as an aerospace hub. Thanks to investment from the state, local partners, and PTI, employment at the airport has more than doubled in the last 10 years, and the airport currently contributes $9.6 billion in annual impact to the state.

We're thrilled to welcome Marshall Aerospace to PTI and look forward to a bright future together!

Paul Mengert, CEO of Association Management Group, Inc., Regarding NC Senate Bill 312.

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We recently sought the opinion of Paul Mengert, CEO of Association Management Group, Inc., and an expert in the field of Homeowners Associations (HOAs), regarding NC Senate Bill 312.

Mr. Mengert expressed his opposition to the proposed bill, which was introduced on March 14, 2023, by Sen. Kandie Smith (D-Edgecombe, Pitt) and seeks to amend the assessment collection provisions of the NC Planned Community Act (NGSS 47F) and the NC Condominium Act (NCGS 47C). If enacted, the bill would require notice of a claim of lien to be served by certified mail, instead of first-class mail, and would eliminate associations' ability to foreclose for nonpayment of assessments. Although actual foreclosure sales are quite rare, the possibility enables associations to collect fees, similar to mortgage companies and taxing authorities, if not paid over a substantial period. When actual foreclosure sales occur in NC, the debt is typically 9 to 12 months or more old.

As an experienced HOA professional, Paul Mengert believes that these proposed changes would negatively impact associations' ability to collect delinquent assessments and maintain the financial stability of the community. He notes that the elimination of the ability to foreclose for nonpayment of assessments would make it more challenging for associations to encourage homeowners to pay assessments in a timely manner and likely make it more difficult for homeowners to obtain mortgages. Unfortunately, perhaps the most impactful aspect is that the inability to collect fees from the typically few members who do not pay as agreed would immediately increase costs for all other association members. 

Mengert added, "A lien for nonpayment of assessments is similar to other real estate liens, such as material or mechanic's liens, taxes, or mortgages. Plumbers or contractors who are not paid can foreclose to collect a delinquent payment if they follow the proper procedure. Therefore, associations that are required to provide certain services should not be treated differently."

It is important to note that the proposed changes have NOT been passed and are not yet law. Changes and revisions may be made, or legislators may choose not to act on the proposal. 

The bill and its status can be found at:

https://www.ncleg.gov/BillLookUp/2023/S312.

5 differences between an HOA and a non-HOA community

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When a community is managed by a Homeowners Association (HOA) it can be obvious. Home values are impacted depending on things such as location, amenities, and regulations.

Here are 5 differences between an HOA and a non-HOA community:

1. Aesthetics: An HOA managed community typically maintains a consistent appearance of the neighborhood. This can create more interest in homebuyers in the community which can raise the value of homes.

2. Amenities: An HOA managed community provides community residents with recreational services and amenities that may not be offered by a non-HOA community due to the lack of management and upkeep of such amenities.

These items include parks, swimming pools, hot tubs, playgrounds, lakes, clubhouse, security, ground maintenance, and organized activities.

3. Resident Happiness: HOAs often have regulations that pertain to the peace and solace of the community. These rules can include noise restrictions, parking regulations, and recreational vehicle storage.

4. Property Changes: HOA communities may have standards and guidelines regarding construction, additions, architecture, exterior paint or other changes that would not be within the guidelines for property aesthetics.

5. Assessments: HOA managed communities have assessments paid by the homeowners to the HOA. These assessments go toward funding the management, maintenance, operation and facilitating of all that goes into managing a community.

𝟴𝟵% 𝗼𝗳 𝗡𝗼𝗿𝘁𝗵 𝗖𝗮𝗿𝗼𝗹𝗶𝗻𝗮 𝗵𝗼𝗺𝗲𝗼𝘄𝗻𝗲𝗿𝘀 𝗿𝗮𝘁𝗲 𝘁𝗵𝗲𝗶𝗿 𝗼𝘃𝗲𝗿𝗮𝗹𝗹 𝗰𝗼𝗺𝗺𝘂𝗻𝗶𝘁𝘆 𝗮𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻 𝗹𝗶𝘃𝗶𝗻𝗴 𝗲𝘅𝗽𝗲𝗿𝗶𝗲𝗻𝗰𝗲 𝗮𝘀 𝘃𝗲𝗿𝘆 𝗴𝗼𝗼𝗱 𝗼𝗿 𝗴𝗼𝗼𝗱. Source: CAI

A. Many homeowners are in agreement with the HOA guidelines and are in favor of the assessments and benefits. There are other homeowners that prefer not to buy into an HOA community so that they can have complete freedom on their property and forfeit amenities, security, maintenance, etc. etc.

Homebuyers should weigh the pros and cons of living in an HOA before buying a home in an HOA community.

Living Life in an HOA Community

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If you own a home in a community, chances are you are living in an HOA (Homeowners’ Association)

There are many pros and cons of living in an HOA. Over the years the resident’s sentiments about living in an HOA have changed. Many homeowners now feel that living in the protection of an HOA-governed community is best for their livelihood and their home value. More and more homeowners are not opposed to living according to HOA rules because enforcement of the regulations is set in place to protect their property values.

According to the CAI 2022 HOMEOWNER SATISFACTION SURVEY-National research and analysis for condominiums, homeowners’ associations, and housing cooperatives show that 68% of residents say the rules in the community protect and enhance property values. https://foundation.caionline.org/wp-content/uploads/2022/08/FCARHomeownerSatisfactionSurveyResults2022Final.pdf

A great majority of homeowners enjoy the amenities that are managed by their HOA for their enjoyment. Families enjoy HOA life and buy into HOA communities to have a safe neighborhood to raise their children. Families enjoy meeting new friends and neighbors for social engagement and attending holiday gatherings. Retirees buy homes in HOA communities to enjoy recreational activities and services that may not be available in other neighborhoods. All ages enjoy amenities such as golf courses, community playgrounds, parks, a community pool, a clubhouse, a gym, and security services.

As the world we live in is changing, security is becoming a bigger issue for homeowners.

Here are a few common security measures that HOAs may implement:

1.    A Neighborhood Watch Group

2.    Security Patrol Service -HOAs may hire private security or hire a security company to provide this service and respond to security concerns.

3.    Security Cameras around the common areas to monitor suspicious activity.

4.    Provide Security Education

5.    Install and maintain neighborhood lighting for greater neighborhood visibility.

HOA Assessments are a topic some HOA residents are not fond of. Once they realize the value for what they receive, many are favorable. 58% of residents say their association assessments are “just the right amount” and 59% of residents say their association should insist that every homeowner pay assessments, involving attorneys only if delinquent accounts are not brought up to date after sufficient notification. This is according to the CAI 2022 HOMEOWNER SATISFACTION SURVEY - National research and analysis for condominiums, homeowners’ associations, and housing cooperatives.

AMG Has Been Transforming Community Management Since 1985

We are community focused.

AMG completely understands the true meaning of “home is where the heart is,” and takes very seriously the responsibility for keeping homes and neighborhoods running smoothly. Our community managers are highly sensitive to the needs of each of their communities, understanding their unique goals and objectives. We are dedicated to building relationships and helping neighborhoods transform into close-knit, thriving communities.

Paul Mengert, President of Association Management Group Interviewed With Melissa Painter at Fox 8 News.

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Paul Mengert, President of Association Management Group Interviewed with Melissa Painter at Fox 8 News to promote Run on the Runway. The event will be held on March 25, 2023, on the airport’s 9,000-foot parallel runway. This certified run will benefit The Second Harvest Food Bank of Northwest NC, Greensboro Urban Ministry, and Open Door Ministries of High Point. 

Here are a few talking points from the interview and facts about the event.

This is the 14th annual Run on the Runway

  • The first run was held when the runway opened in 2010

  • As of this year have raised $1 million to fight hunger

  • Have raised over $130,000 this year over 50 sponsors.

  • Run committee raises the funds, then distributes them equally to Second Harvest, Greensboro Urban Ministries, and Open Door Ministries of High Point

  • We have about 1,500 people registered to run or walk to fight hunger and there is still time to participate.  You can walk up and register on Saturday.  Arrive early because participants are bused out to the runway and traffic gets backed up the closer it gets to race time.

  • Lenny Peters Foundation and Bethany Medical are presenting sponsors.  Thanks to Lenny Peters Foundation and Bethany Medical for their support

  • Events are 10K/5K/Mile Run or Walk/5K untimed sponsored walk to raise additional money to fight hunger.

  • We may have a state record broken at the Run this year.  Dot Sowerby is participating and turned 90 on March 16. If she runs as well as she did this past weekend she will break the NC USATF state record for 90-94-year-old women.

  • Race day registration/Check-in: 8:15 AM – 9:30 AM

10K Race Start: 9:00 AM

5K Run/Walk Start: 9:20 AM

5K Walk-Only Untimed Start: 9:25 AM

Kids Dash:  10:00 AM

1 Mile Start: 10:15 AM

Awards Ceremony:10:20 AM

To learn more about this event visit https://runsignup.com/Race/NC/Greensboro/PTIRun

Hiring the Right Community Manager

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As a homeowner, being part of a homeowners association (HOA) can have many benefits. It can provide a sense of community, help maintain property values, and give you access to shared amenities and services. However, managing an HOA can be a complex and time-consuming task, which is why many associations hire a professional HOA manager.

But with so many HOA management companies and individuals to choose from, how do you select the right one for your community? Here are some factors to consider when selecting an HOA manager:

1. Experience and Credentials: Look for an HOA manager who has experience managing communities similar to yours. They should also have the necessary credentials such as being licensed and insured.

2. Communication: Communication is key when it comes to managing an HOA. Make sure the HOA manager you choose is responsive, keeps you informed, and is easy to contact.

3. Services Offered: Different HOA management companies offer different services. Make sure the company you choose offers the services your community needs, such as financial management, maintenance and repairs, and dispute resolution.

4. Reputation: Check the company's reputation by reading online reviews or asking for references. You want an HOA manager who is respected and has a track record of success.

5. Cost: HOA management fees can vary greatly. Make sure you understand the fees and what services they cover before signing a contract.

6. Compatibility: The HOA manager you choose should be someone you feel comfortable working with and who is compatible with the community's culture and values.

7. Availability: Make sure the HOA manager you choose is available when needed, especially in emergency situations.

In conclusion, choosing the right HOA manager is crucial for the success of your community. Take the time to do your research, ask questions, and find an HOA manager who is experienced, communicative, and compatible with your community's needs and values.

Paul K. Mengert is the CEO of Association Management Group, Inc. (serving the Carolinas) and was the Community Associations Institute’s educator of the year.