For a good example of improper mulching and the damage it causes, look at the Cypress in the boulevard entering Bluestem from Santa Fe. (Note that the trunks are starting to spilt) The damage you see is a result of a combination of the below:

• Deep mulch can lead to excess moisture in the root zone, which can stress the plant and cause root rot.
• Piling mulch against the trunk or even the stems of other plants, stress the trees & plants tissues. A stressed plant or tree will most likely lead to insect and disease problems.
  
• Some mulches, especially those containing cut grass, can affect soil PH. Continued use of certain mulches over long periods can lead to deficiencies or toxicities in the soil because of the high nitrogen levels created by the grass clippings and the suffocation of the micro organisms in the soil.
• Mulch piled high against the trunks of young trees may create habitats for rodents that chew the bark and can girdle the trees.
• Thick blankets of fine mulch can become matted and may prevent the penetration of water and air. In addition, a thick layer of fine mulch can become like potting soil and may support weed growth.

In closing, trees once stressed by improper mulching never really achieve their potential beauty.

Remember: If the tree had a say in the matter, its entire root system (which usually extends well beyond the drip line) would be mulched.  

The Original Red Dirt Gardener       www.reddirtgardening.com

· Will the Bulb receive the recommended amount of light?

· Proper watering is essential, will it be available?

· What will I have to do prepare the soil?

· Is this a flower that will grow in Oklahoma, in ZONE 7A?

· Are the bulbs healthy?

Be sure to buy your bulbs from a reliable source whether it is a local store, mail order or on the web. Selection based upon a lesser price may not yield the best flowers.

BULB SELECTION

The bulb itself is where all the nutrients are stored for the plant. It is therefore beneficial to the flowers that will be produced to select healthy bulbs. Keep in mind that larger bulbs may also produce larger flowers within the same variety.

Handling each bulb before purchasing will tell you a lot about the health of the bulb.

DO NOT buy bulbs that:

· Feel dry or light weight compared to the other bulbs

· Have soft spots or areas with a white powdery substance

· Do not have a firm basal plate (where the roots come out)

· Have deep cuts or blemishes

It is okay that the bulbs have loose skin like an onion and have small nicks.

STORAGE OF BULBS UNTIL PLANTING TIME

Bulbs like cool dark dry places. If your bulbs are in plastic get them into paper or lay them out on a tray until planting time. I store mine in the garage and have at times put them in the refrigerator several weeks before planting. Old rumors indicate that the cold temp will force the bulbs to bloom more. I cannot really tell if they do or not. Remember:

· Do not put bulbs in plastic bags to store them …they will have a better chance of rotting

· no closed bags…bulbs need to breath

· place them in a dark and cool place like the garage

BED PREPARATION

· Most bulbs prefer loose, porous soil because they need to have good drainage. If your soil does not drain well, improve it by adding nutrients and compost.

· Almost any soil can benefit from organic materials, especially sandy and heavy clay soils like we have.

FERTILIZATION

· Mix bone meal into the soil at the bottom of each planting hole.

PLANTING

When you buy your bulbs, look for information about specific planting depths and proper spacing for that particular variety.

· Those of us in the OKC metro are in ZONE 7A, which means that the optimum time to plant most of our bulbs will be around Thanksgiving.

· Generally bulbs are planted at a depth three times their diameter. It’s easier if you dig up a larger area at the proper depth, set them inside the hole, and then cover them.

· Several bulbs planted into one hole will give you a more dramatic effect than single bulbs per hole.

· Bulbs with different blooming times can also be put into the same hole for continuous blooming.   

The Original Red Dirt Gardener     www.reddirtgardening.com

The flowers of these Asters are so pretty, purple with yellow centers and that is about all I can say for this pesky weed.  I am sure we have all seen yards that are almost over taken by this weed. Opportunists are what these weeds are as are all other weeds. They love bare and unhealthy soil as well as dryness.  Given the chance, they will choke out ailing Bermuda in their ever ending cycle of flowering and going to seed.

How to get rid of:

Chemically

· Spray in October/November as the plant will begin seeding for next spring if you do not spray the flowers. Use a broad leave weed killer.

Organically

· Use corn gluten meal as a pre-emergent on your yard in November.

· The Aster has a very woody stem and is easy to pull in healthy soil. If the plant has seeded, be sure to carefully dispose of it not dropping the seeds into the yard.   

The Original Red Dirt Gardener       www.reddirtgardening.com

 

PLANT

· Cool season grasses can be planted through the middle of the month. Fall is the best time to plant ryegrass, bluegrass or fescue. Planted by way of seed, these grasses are good for shade areas. Remember they do require mowing through spring.

· Use this month to choose your spring bulbs as you will want to do this as soon as possible. Look for bulbs that are firm and free of disease. Wait to plant until Thanksgiving time. (see article on bulbs for tips on selection and planting)

FERTILIZE

· September brought time for the last fertilization of the fall whether you used a nitrogen fertilizer or an organic one like Sustane. Do not fertilize any more this season.

· Pre-emergent can also be put down to deter fall weeds like dandelion, henbit and that pesky weed with the little purple flowers on them that we seem to have an abundance of in our neighborhood. In fact, this little weed called a “Bushy Aster” has over run a number of yards. This Aster needs to be treated NOW with a broad leaf weed killer because they are putting down seed for spring. (For more on this pesky weed see the article on Bushy Aster)

· Organic pre-emergent can also be put down this month for those weeds winterizing themselves for spring. I use horticulture corn gluten meal twice a year with great success. It is non toxic to mammals, birds and children and does not harm the microorganisms in the soil as chemicals do. Remember your soil is alive and healthy soil promotes healthy plants and grasses.

A word of caution in selecting your pre-emergent. Be sure that it is not a Weed and Seed. The reason is, it is too late in the season to fertilize. If you do fertilize this late in the season you will most likely have brown circular patches in your lawn next spring called “brown spot”.

PRUNE

· Dead head remaining flowering plants if you have not done so to prevent disease and an unsightly appearance.

· If you have planted Wisteria and found that It did not bloom for you earlier in the season, now is the time to trim the roots.

· Ornamental and shade trees can also be pruned at this time. Remember not to make fush cuts and do not use pruning paint.

WATER

· As the weather cools, remember to continue to water as needed. It is less expensive to water deeply and less often than to water frequently for short times unless you have a red clay and no top soil. The ideal time to water is to begin at about 4am. This prevents evaporation and moisture from laying on your flowering plants for too long as this encourages disease like powdery mildew.

The Original Red Dirt Gardener

Questions may be directed to RDG at www.reddirtgardening.com

http://okhoa.blogs.com/oklahoma_condominium_home/files/1.pdf

Here is the link to the actual statute on the Oklahoma State Courts Network.

http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=18+o.s.+1065

“If a corporation, officer or agent refuses to permit an inspection or doesn’t respond to the request within five business days, the member may apply to the district court for an order to compel an inspection.”

Mr. Winton’s article also provides a Sample Document Retention and Records Request Resolution for HOAs.

First and foremost, every Board Member should be acquainted with Roberts Rules of Order and a copy should be present at every meeting. Roberts Rules of Order have been universally accepted as the standard of parliamentary procedure. It is a set of rules for conducting business at meetings and public gatherings and it can be adapted to fit the needs of any organization. Roberts Rules of Order establishes a procedure for making, amending, discussing and voting on motions presented by Members of the Board of Directors. It further establishes four different methods for voting on a motion. They are: 

1. Voice Vote (the Chair asks those in favor to say “aye” and those opposed to say “no” (for majority votes only).

2. Roll Call (if a record of each persons vote is needed, each member answers “yes” or “no” as his or her name is called). Certain states require that the minutes reflect how each Board Member voted on the specific agenda items.

3. Show of Hands (members raise their hands to verify a voice vote or as an alternative to it).

4. Ballot (members write their vote on a slip of paper. This is done where secrecy is desired).

The Chairperson should always ensure that the procedures adopted by the Board of Director’s are followed without variation and should never lose control of the meeting. Many times Board discussions can become heated and out of control. Board Members become passionate and forget the rules for proper conduct at a Board meeting. The Chairperson is vested with the responsibility of maintaining order and keeping the meeting focused and productive. A gavel is an absolute necessity.

Planning for a meeting begins with the establishment of an Agenda of topics to be discussed at the meeting. A posted agenda is necessary for holding an effective meeting. Some Associations require that agendas be mailed to each owner. The agenda puts the owners and residents of the community on notice as to what will be considered at the meeting. Customarily, it is the responsibility of the Chairperson to establish the agenda. Recommendations for agenda items are usually received from Board Members. Owners who wish to have an item placed on the agenda usually make the request through an elected official of the Association. The Chairperson should require that recommended agenda items be submitted by a certain date in advance of the meeting. This allows the Chairperson or whoever is responsible for compiling pertinent data for the agenda item ample time to have the information prepared and distributed to the other Board Members. A typical agenda for a Board of Directors meeting would include the following order of business:

1. Establish a Quorum (a quorum is the number or percent of members that must be present for business to be conducted legally. The actual number is usually found in the By Laws).

2. Call to Order (once the quorum is established, the Chairperson can open the meeting).

3. Reading and Disposal of Previous Meetings Minutes.

4. Officers Reports

5. Committee Reports

6. Unfinished Business

7. New Business

8. Adjournment

ONLY ITEMS SPECIFIED ON THE AGENDA SHOULD BE DISCUSSED AND ACTED ON BY THE BOARD OF DIRECTORS. The membership has the right to know what will be considered and acted on by the Board of Directors. They should also have the right to express their opinion regarding agenda item. The Board has a responsibility to properly advertise meetings and the meetings should be open to any owner wishing to attend.

There are several different ways that Board Members can hear owner comments on agenda items. The Board may require unit owners to provide a written request in advance of the meeting specifying the agenda item the owner wishes to address. This procedure is an excellent tool for estimating the amount of time which will be spent on each agenda item and it also prepares the Board for “hot items” on the agenda. Some Boards of Directors prefer to take comments from owners prior to the Board discussing the item. Advocates of this procedure feel the Board should hear owner comments first so that their discussion will consider the comments and concerns raised by the owner. Another alternative is to take owner comments after the Board has discussed the agenda item but prior to the actual vote by the Board. The strongest argument for this procedure is that owners are educated through Board discussion on the purpose and intent of the agenda item before they address the item. Personally, I support the second alternative because I believe that hearing Board discussion first may answer some of the owner’s questions or concerns reducing the time spent on the agenda item. The Board of Directors still has the opportunity to hear owner comments before acting on the motion. In either case, the Board of Directors should communicate their procedure to the membership and also set a time limit for owner comments. The Board can also establish time limits for the overall discussion on any agenda item. If a time limit is established, the Chairperson should have the authority to extend the discussion beyond the time limit if he or she feels that additional discussion is necessary for a proper vote on the item.

Board Members should come prepared to intelligently discuss and act on the items on the agenda. Advanced preparation is imperative to a productive meeting. Each Board Member should be presented with the agenda and pertinent information regarding each agenda item well in advance of the meeting date. The task of preparing this information is usually delegated to the Association’s Manager if one is employed by the Association. Otherwise, individual Board Members should be assigned specific agenda items to research and report their findings to the rest of the Board prior to the meeting. As an example: if the Board is considering a contract for services, each Board Member should receive a copy of the written specifications along with the actual bids and proposals prior to the Board meeting. Other pertinent information such as references and the Manager’s analysis should also be included. The bids and proposals should be thoroughly reviewed for consistency prior to the meeting unless the Board has requested sealed bids. Board Members have a responsibility to thoroughly review all of the material provided prior to the meeting and to submit any questions they may have to the Manager or the Chairperson. Dedicated Board Members will do independent research on complicated agenda items and share their findings with the rest of the Board. The Manager or the Chairperson should be prepared to answer questions at the meeting.

The Board of Directors has a responsibility to hold its meetings at times which are convenient for not only the Board Members but also the owners. Owner attendance and participation should be encouraged to assist the Board in making decisions that are truly representative of the majority. The Board meeting is an excellent vehicle for establishing communication between the membership and the Board of Directors.

© Association Times
Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.

It is important that a committee know the parameters: its purpose, responsibilities and authority.

A pitfall to avoid, which many presidents and boards experience, is when the board chooses all of the members of the committee. It is usually more effective for the president or board to appoint the committee chair and allow the chairperson to choose their volunteers. In this manner, the committee has a better chance to be more productive and to work together as opposed to becoming a committee saddled with participants who may ultimately agree to disagree.

The success of the committee itself is dependant upon the quality of the leadership of the chairperson. It is the chairperson who sets the tone of committee meetings and keeps the committee members informed of the progress. In addition, the chairperson must ensure that the issues are thoroughly researched, all member ideas are considered, and any controversial issues are resolved prior to presentation to the association board of directors.

It may be helpful, depending on the nature of the committee, to have a board member serve as a liaison between the committee and board. The board member does not have to chair the committee.

The final requirement is for the committee to communicate its activity, recommendations in written form to the board of directors. Of course a verbal presentation supplemented with the written report is ideal, as board members will have an opportunity to study the written documentation, possibly request additional information, and then be in a position to make the best educated decisions for the community.

To help ensure that the board will focus on the result of the committees’ efforts (and not on the process by which they reached their conclusion) consider using a basic committee report form. Such a document is easily created and gives the board the information it needs to act on a committee recommendation without a prolonged discussion of the committee’s work.

The committee chairperson is usually charged with completing the report form so that any recommendations may be placed on the Board’s agenda.

With the proper use of the committee structure, not only does a board receive the immediate assistance of a support group to help with the current operations of an association, but it also lays the groundwork for potential, more experienced, future board members with knowledge of how the current board is structured. What better method to establish the training of future board members than to have volunteers who have worked together, have successfully participated with their ideas and plans being accepted by the current board, and who have seen their hard work and results placed into action?

A committee with proper direction is a powerful support mechanism to an often over burdened board of directors who will most certainly appreciate the added help. The results can be amazing to behold!

This article was edited and adapted, but most content came from:

Association Times’ Staff Writer

© Association Times
Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.

Suggested Adaptations to Roberts Rules of Order:

Allow alternating debate on the issue. One speaker would present information in favor of the motion; then allow a presentation by a speaker opposed to the motion. When no one wishes to speak on a particular side, ask unanimous consent to end debate. “Is there any objection to closing discussion? Hearing no objection, discussion is closed.”

When seeking out discussion, encourage new discussion rather than permit repetition by the speakers.

Always provide an opportunity for those who have not spoken to address the motion on the floor.

On the agenda, record a start and end time for each discussion item. This will let speakers know in advance how much time is available.

Along those same lines, announce at the beginning of the meeting what time the meeting will adjourn. Board members often police themselves if they are aware of a deadline.

Ask for a motion to end discussion. (“Is there a motion to close debate?”).

If it is perceived that discussion on an issue may become quite lengthy, set a specific discussion time. (“Is there a motion to limit total debate to (20) minutes?”).

Establish speaking rules for all meetings:
      Limit the speaker’s time to no more than (3) minutes.
      Limit the speaker to one opportunity to verbalize on the issue.
      Ask speakers to direct their comments to the chair.

© Association Times 

Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.

Customer service for Owners in a Community Association should be as reliable as McDonalds. Every caller should be treated with respect and a friendly and cooperative manner. Board members sometimes need to be reminded that personal differences with a neighbor should not affect the outcome of an architectural change request. Managers need to keep in mind that “even a broken clock is right twice a day”. They should listen to the frequent caller as they would a first-time caller. They should not assume they are wrong or just complaining…again.

Decisions based on personality or “who you know” are dangerous. If statues are not permitted in the front beds, don’t overlook the statue in front of a committee member’s home because “she does so much for the community”. You will have a difficult time defending and enforcing the rule elsewhere. Deviation from the adopted rules creates inconsistency that cannot be upheld.

The Board’s decision should be supported by the documents, current laws, best practices and opinions from their community manager, attorney, accountant, engineer and other professionals. Personal feelings should not enter into the discussion.

Owners should expect, and receive consistent treatment when they deal with any representative of the Association. Prompt and efficient responses to maintenance service requests, accounting questions or reports of violations should be routine. Committee and Board meetings should be scheduled to ensure reasonable response time to owner requests. Pushing a friend’s request through without the normal process will anger other Owners who have to wait for their decisions.

We know we will never please everyone but we can avoid appeals based upon the way they were treated rather than the decision that was made. The rules and architectural guidelines are in place to ensure a uniform appearance throughout the community. Don’t fall into the trap of straying from uniform enforcement. Inconsistent treatment of Owners opens the Association up to possible legal action and negative publicity for the community. The Board and management must do everything they can to create an atmosphere of community and fair treatment that will enhance the lifestyle of the Association.

Gail VanDyke, PCAM

Mid-Atlantic Management, Plymouth Meeting, PA

© Association Times
Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.

One of the most significant personal issues for association directors is the personal liability they may face for the improper performance of their duties. While most professions have professional codes which govern their conduct, boards of directors have less guidance in determining by what standards their actions are judged.

The law recognizes that directors are unpaid volunteers and so provides personal immunity from prosecution for their actions. However, directors do have legal responsibilities. A director owes a duty to the association to act in “good-faith” which basically means the director attempted to honestly and faithfully uphold his or her obligations in the association’s best interests. A second duty requires the director to discharge his or her duties with the same degree of care that an “ordinarily prudent” person would exercise under similar circumstances. And third, a director has a duty to act in a manner the director “reasonably” believes to be in the best interest of the association.

A director must not make any decisions or take any action against the interests of the association and its members for his or her own benefit. This duty of loyalty to the association and its members requires the director to place loyalty to the association above personal loyalties to avoid or minimize conflicts of interest. Conflicts of interest can involve personal financial benefit at the expense of the association, but it also can involve other situations as outlined below.

TYPES OF CONFLICTS OF INTEREST

Self-Dealing/Contracts with the association.
The most obvious form of conflict of interest involves self dealing such as when a director or a director’s close relative has an interest in a business which contracts with the association. Under proper circumstances, a director can contract with the association, or recommend friends and close relatives for contracts. Courts generally uphold transactions between an association and a director if the director discloses the interest before the transaction is entered into, if the directors in good faith and with ordinary care authorize the contract by the affirmative vote of a majority of the disinterested directors, and if the transaction is fair to the association. Thus, disclosure and fairness will usually protect a director from potential liability for breach of loyalty in transactions with the association. However, when a director transacts with the association for personal gain without disclosure or in a manner unfair to the association, the director may be liable to the association for all profits received by the director from the breach of loyalty and all damages caused by the breach of loyalty. Furthermore, some courts have even held the director liable for punitive damages for this type of breach of fiduciary duty.

Maintenance and Repairs.
This can occur in a condominium development where the association is responsible for the exterior of the buildings and other structures other than the units. Often, financial and time limitations require the board to postpone one item of repair until another item of repair is performed. This can create a conflict of interest if the board purposefully decides to fix or paint their units before the rest of the community or before others who may be more deserving of the repairs or maintenance. By doing so, the board may be placing its own interests above that of the association. Again, the directors must set aside personal interest and act in the best interest of the association.

Other Types of Financial Gain.
A conflict of interest also may arise when a director, with knowledge acquired as a result of serving on the board, takes a business opportunity which is available to the association. These types of conflicts of interest, although rare, arise in many different forms. For example, an owner in financial trouble could approach a director and offer to sell the owner’s unit to the association. The director would be creating a conflict of interest by personally purchasing the unit without disclosing the owner’s offer to the board and permitting the association the opportunity to purchase the unit. A similar conflict may arise where the association has decided to foreclose on a unit or lot to collect past due assessments and to bid to acquire the unit or lot at the foreclosure sale. A director, with knowledge of the financial situation, would create a conflict of interest by personally bidding against the association to acquire the unit or lot. The safest protection for the director in these situations is to disclose to the board the opportunity and the director’s interest, and to permit the board to make a decision whether the association should take advantage of the opportunity.

Covenants, Compliance and Enforcement.
Conflicts of interest may also arise in the area of compliance and enforcement of the association’s covenants and rules and regulations. The basic principle is that directors are not above the law. Like all other owners, directors must be held accountable for violations of the association’s covenants and rules and regulations, such as being charged late charges for delinquent payment of assessments. Selective enforcement (which is legally outlawed in some states) of the covenants against directors would result in the association waiving its right to enforce the covenants against other owners.

Budgeting and Assessments.
Directors may decide not to assess for capital reserves to keep their individual assessments low under the assumption that special assessments can be imposed at a later time if capital repairs are necessary. There have been several judicial decisions on this matter, and courts have not been reluctant to impose liability on the directors for this action. The courts have reasoned that this conduct is not in the best interest of the association, but rather in the interest of the directors at the expense of the association.

The underlying concepts in addressing conflicts of interest are simple. Directors owe the highest loyalty to the association and may not improperly benefit at the expense or to the detriment of the association in any way. Any such benefit constitutes a breach of duty. However, a breach of duty will not occur solely because a director engages in transactions with the association or is otherwise interested in the outcome of board actions or decisions so long as that director discloses any conflicts of interest and the action or decision is fair to the association.

© Association Times

Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.