Info Bytes 08.11.22

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CIC Info Bytes are frequent, succinct updates that provide educational and engagement opportunities to help your community thrive!

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Did you know that we’ve conducted over a dozen surveys and published results you can use to benefit your community? Check them out!

The Wall Street Journal Inflation Tracker

‘STICKY’ INFLATION


Consider reading the following articles to understand more about monetary policy and how dramatically higher inflation might be around for a while.

DON’T. FIGHT. THE. FED.


Short-term interest rates continue to rise as medium and long-term rates remain inverted. What does this mean for CICs that only purchase principal-guaranteed securities?

  • Avoid 1yr+ investments for now due to interest rate risk

  • Purchase 3, 6 and 9 month brokered CDs and Treasury Bills

  • The Fed’s EOY overnight target rate is estimated at 3.5%

WSCAI Annual Awards

✪ AWARDS! ✪


WSCAI (WA State) is seeking nominations for four annual awards:

  • Homeowner / Volunteer Leader of the Year

  • Community Association Manager (CAM) of the Year

  • Business Partner (Company) of the Year

  • WSCAI Contributor of the Year

  • Submit your nomination(s) by Wednesday, August 31, 2022

  • If you like this newsletter, please feel free to nominate!


Resource Updates


>>> Everything is free to view online!

>>> Subscribers: download new and updated resource material from your ZIP folder access.

CIC Fair Housing Page
  • UPDATED! FAIR HOUSING

    • This page has been live for a while, but never received a proper introduction. Every common interest community should be aware of federally mandated protections based on a number of factors including familial status (a ‘GOTCHA’ in numerous court cases). Has your reasonable request for records been denied?

Americans with Disabilities Act Page
  • NEW! AMERICANS WITH DISABILITIES ACT (ADA)

    • This page is short and to the point.

    • ADA architectural design has been built into multi-family residential properties for the last 30 years so many of us take it for granted.

CIC Reserves Page
  • UPDATED! RESERVE RESOURCES

    • If you have a question about reserve funds and/or reserve studies, this document has information that will probably answer your question.

CIC State Statute Project


Governance Matters



  • Learning from Updated Statutes

    • Colorado passed HB22-1137 in June 2022 (effective date August 09, 2022) that contains multiple provisions limiting the authority of common interest communities.

      • Certain statutory updates prohibiting foreclosing liens for unpaid fines simply brings Colorado in line with other states.

      • Additional prohibitions are some of the most progressive in the US. For example, the total amount of fines for any violation that does not threaten public safety or health is limited to $500.

      • Another provision clarifies the ability to pursue claims up to $7,500 in Small Claims Court.



  • Action Without A Meeting / Email Voting

    • A recent thread (paywall) highlights a tendency in some communities to govern via email instead of casting votes during open meetings.

    • Many states’ nonprofit corporation statutes allow decision-making without a meeting so long as all directors consent in writing (“unanimous consent”).

      • Statutes often defer to an organization’s bylaws. This PA court decision (M4 Holdings v. Lake Harmony Owners’ Ass’n) invalidated email consent due to organization-specific bylaws verbiage requiring decisions be reached in a setting “similar” to a conference telephone, i.e. simultaneous contemporaneous communications.

      • Utah statutes (16-6a-813(2)) allow a majority of directors to consent via email, but also allow any director to demand an action not be taken without a meeting.

    • A CIC attorney (member of CCAL) recently reacted publicly to the pushback from recalcitrant directors and Boards related to conducting business during open meetings as opposed to via email and/or without members present:

        • It's not that hard to comply if you plan a little bit.

    • Attorneys often caution against "meeting by email" as a practice to reach a substantial quantity of and/or material decisions.

    • Whether in person, via phone or web meeting, open meetings allow for simultaneous contemporaneous communication where everyone can hear and speak “together” and make for a more transparent and accountable experience. They also allow members (homeowners) to express their views via public comment.


Discussion Highlights


Illicit Communication Thread
  • Illicit Communication

    • The July 28 CIC Info Bytes featured a thread about ignoring governance. Today’s Discussion Highlight focuses on volunteer leaders’ use of exclusive access to electronic systems and data (beyond what all members have available) to disseminate messaging they think is appropriate.


  • At most, individual volunteer leaders are spokespeople and must use caution when messaging:

    • Clearly represent Board decisions vs. individual sentiment

    • Do not misuse exclusive access, credentials or statements to lead your members (homeowners) to draw conclusions based on personal ideologies


+++ Have a question that you'd like to ask directly to your peers? Ask YOUR listserv! +++

Homeowners | Volunteer Leaders | Managers & Management Companies | Vendors

A Note About Ukraine

The people of Ukraine are undergoing tremendous displacement from their homes coupled with loss of life, tragedy and suffering. Considering the global landscape can help us gain perspective in our daily lives.

Support Ukraine
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