Continued from page 4
REMEMBER,
Board, Not Owners, Enact Budget
Associations Are Subject to Income Tax
Limit on Board Spending
No Exterior Modifications Without Prior Board
Approval
Tape Recording Meeting Minutes
Open Board Meetings/Presidents May Vote
Competitive Bidding
Annual Election Meeting Quorum
The Difference Between a Condominium and
Homeowner’s Association
New Law Mandates Reserves
Prohibiting Sexual Predators
Associations Required to Pay Sales Tax on
Certain Services
REGISTER FOR ATLAS TODAY!
To register:
•Go to ohiocondolaw.com or ohiohoalaw.com and click the ATLAS logo button on the left side of the screen.
•You are now at the ATLAS log-in page, click the link that states:
Please Click Here to Register for ATLAS.
An update on current topics and issues affecting
Ohio condominium and homeowner associations
Kaman &
CUSIMANO, LLC
An Introduction to ATLAS:
,
A Roadmap Through Your Association s Legal Issues
•Completely fill out the form that appears, which includes your name, Public Articles
Satellite Dishes — What Can an Association
Regulate?
Retention of Association Records
A Sexual Offender in the Community
New Bankruptcy Law Closes Loopholes —
Community Associations Have More Protection Against Abuses
Budgets, Reserves and the Ohio Requirement for an Annual Ownership Vote if Reserve
Funding is to be Waived — The Special
Assessment Problem
Five Things to Know When an Elderly Resident Needs Help
Flag Bill Signed by President Bush
The Impact of H.B. 135 on Association Operations
Mandated Reserves
Requested Records — Must Owners Be Given Everything?
Legislation Passed to Revise Ohio’s Condominium Statute
Understanding the Government of a Community Association
Verbal Abuse of a Board Member Should Not be Tolerated
The Pyramid of Laws That Govern All Community Associations
the KAMAN report
association name, telephone number, email address, and desired
password, and then click “submit”. Your ATLAS access will be
authenticated within 48 hours, at which time you will be able to log-in.
SAMPLE FORMS
Board’s often have to pay legal counsel hundreds and
even thousands of dollars for some commonly used
forms. With our annual Service Option of Representation, Kaman & Cusimano provides to you numerous
forms that are regularly used by community associations across Ohio. These forms include:
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Annual Meeting Ballot
Annual Meeting Sign-In Sheet
Collections Policy and Procedure — monthly
Collections Policy and Procedure — quarterly
Code of Ethics for Board Members
Enforcement Procedures, including sample
enforcement letters that follow the procedures mandated by Ohio law
Notice of Annual Meeting
Proxy Forms, including the very popular five
year proxy
By David W. Kaman, Esq.
In our never ending quest to serve your association better, Kaman & Cusimano, LLC is proud
to unveil a new internet based program entitled
ATLAS. ATLAS stands for the “Association Total
Legal Assistance System” and its name represents its purpose — to provide legal assistance
to you. This legal assistance is available to board
members twenty-four (24) hours a day and seven (7) days a week, and is included free with your Service Option of
representation with Kaman & Cusimano. All that is required from
you, as outlined below, is simple registration with us over the internet.
Designed and created by Kaman & Cusimano exclusively for our
clients, ATLAS will always be expanding. Five features that it immediately provides are:
• Your association’s collections case status information,
• The Success Basics Webinar for Board Members,
• Client articles — educational articles for you as well as articles for your association’s newsletter,
• Sample forms for items such as proxies and enforcement letters,
• Seminar registration — made easy.
REGISTERING FOR ATLAS
To register:
• Go to ohiocondolaw.com or ohiohoalaw.com and click the ATLAS logo button on the left side of the screen.
• You are now at the ATLAS log-in page, click the link that states: After you have logged in, for more information about all of the ATLAS features, and for a troubleshooting
guide, please click on the “ATLAS User Guide” found on the ATLAS home page. As you can see by the above,
ATLAS truly is the Association Total Legal Assistance System.
Please Click Here to Register for ATLAS.
• Completely fill out the form that appears, which includes
your name, association name, telephone number, email address, As you are reading this, our office is already busy at work outlining and installing additional features that will
make ATLAS even more helpful to you. As stated in the beginning, our never ending goal is to provide
exceptional and easily accessible services to your association.
access will be authenticated within 48 hours, at which time you Kaman & Cusimano, LLC
2000 Terminal Tower
50 Public Square
Cleveland, OH 44113
5
PLEASE REGISTER NOW AND ENCOURAGE ALL OF YOUR FELLOW
BOARD MEMBERS TO ALSO REGISTER
and desired password, and then click “submit”. Your ATLAS
will be able to log-in.
COLLECTIONS CASE
STATUS INFORMATION
The ATLAS Collections Case
Status Information page provides
board members and property managers with up to the second information on their association’s collections matters. Information we
input into our computer will show
up on your screen immediately.
When the initial collection status information appears on the Association page it will not only list
who we show as your manager
and/or management company, but
it will also reflect whether we have
a copy of the association’s “collection policy and procedure.” As recommended in our Guide for Board
Members of Community Association
booklet, all associations should
have such a policy and procedure
to avoid claims to collections discrimination and/or selective enforcement. In addition, this screen
will indicate if our office is authorized to sign liens. It is important
for board presidents to realize that
a copy of the lien is mailed to the
delinquent owner and in simpler
times, having the board president
sign a lien posed no real threat.
However, in these somewhat
wacky times, our office strongly
recommends that one of our attorneys, and not a board member,
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Continued from page 1
sign the lien. Too many unforeseen circumstances
could occur when a board member executes a lien
against one of their fellow owners. In addition, by
authorizing our office to have the authority to sign
liens, the board member is removed from the hassle of receiving the lien, finding a notary to notarize
their signature, and then returning the lien.
these reports and passing them out at board meetings.
By clicking on “Definitions,” you will see an extensive
list of every term used on ATLAS which will help in understanding the collection procedures. Finally, clicking
on “Foreclosure Roadmap” in the top navigation bar,
you are provided with a detailed step by step outline
of the foreclosure process. This map will help in understanding whether the process has just begun or is
near the end. We suggest that you print the
“Roadmap” and keep it as a handy reference.
As you can see, ATLAS truly is an “Association Total Legal Assistance System.”
This software was written and designed by
our office to better serve you. Should you
find that one of your delinquent accounts
is missing or should you have any questions about any collections matter after
reviewing ATLAS, do not hesitate to contact my partner, Darcy Mehling Good at
[email protected].
Details Page
Association Page
The Association page then lists the names of
the delinquent owners in your association. The
“Status” and “Action” fields provide you with an
update on your association’s collections matters. The “Status” is the current phase that the
case is in, for example, collection letter, Foreclosure, or Bankruptcy. The “Action” field tells you
exactly what Kaman & Cusimano is doing, and
may change frequently as the case progresses.
By going to the left side of the list and clicking on
“Select,” all of the individual information on that
delinquent account appears on your screen in
tremendous detail. Besides a day-by-day detail
of the case notes and history of the case, specific
information on the delinquent account is provided showing all action taken by our office in our
effort to collect the delinquent fees. All collection letter(s), lien(s), foreclosure and bankruptcy
action is indicated.
When viewing the “Details” page you will note
several different headings listed in the top navigation bar. By clicking on “Association Report”
you will be able to view and print a report on
all association collection matters. Many of the
property managers have already been printing
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SUCCESS BASICS
CLIENT ARTICLES
WEBINAR
Board members are in constant search of information. The “Client Articles” area of ATLAS contains
a significant number of articles regarding community
associations as authored by the attorneys of Kaman
& Cusimano, LLC. The ever expanding list of topics
covered includes:
For many years I have presented an hour and one-half
seminar entitled “Success Basics for Board Members.” This
seminar has proven not only
to be educational but also fun
and humorous. The one downside with the seminar was that it
was only presented once a year
and new board members often
had to wait months and months
to get basic information as to
the recipe for successful board
membership. Now with ATLAS,
board members can watch the
seminar whenever they want
and as often as they want online, at their leisure, and in the
privacy of their own home. You
can watch the entire seminar at
once or you can watch any one
or more of the fifteen (15) success basics as your time permits.
As an example, a board uncertain as to the proper use of email
is able to just watch the ten minutes of Chapter 4 entitled “Make
Decisions at Board Meetings,
Not by Email.” The complete list
of topic covered includes:
Success Basics
Introduction (03:33)
The Difference Between A Condominium and A Homeowner Association (02:23):
1) Be Familiar With The Declaration, Bylaws and
House Rules (Handbook) (13:49)
2) Realize You Are Governing A Significant
Corporation (06:00)
3) Be Aware Of The Limited Potential For Personal
Liability (10:01)
4) Make Decisions At Board Meetings, Not By E-mail
(10:34)
5) Know The Board/Officer Responsibilities (02:12)
6) Insist On Comprehensive Minutes/Corporate
Record Book (07:28)
Board Resources
• Annual Meeting Guidelines
Advantages of a Professional Manager or Management Company
Consider a 5-Year Proxy to Ease Annual Election Quorum Challenge
Safeguarding Association Funds
Newsletter Articles for your
Association’s Newsletter
Ohio Grilling Law Update
Foreclosure Filed
Unit/Home Sold at Foreclosure Sheriff’s Sale
Our Law Firm Is Kaman & Cusimano
Necessary Reserves
One Vote Does Make a Difference
Transfer Documents to Purchaser
New Ohio Grilling Law
Attend the Annual Meeting — Even If You
Are Happy
Delinquent Owners Pay Association’s Legal Fees
For Sale Signs Prohibited
Governing Documents Defined
Landscaper Works for Association
New Disclosure Requirement
No Volunteer Board Members?
Do Not Assume That the Association Insurance
Has You Covered
Common Area Planting Require Prior Board Approval
Tax Valuation Complaints
All Owners Pay For Vandalism
The Basic Duties of a Board Member
Community Association Meetings
The Process of Determining Maintenance Fees
Outdoor Holiday Decorations
Check Before You Build
Collection Remedies
Garage Sales
Know Your Neighbor
Owners Elect Board — Board Elects Its Officers
Community Association Owner’s Rights
Association Recovers Delinquency Through
Foreclosure
Second-Hand Smoke
Association Fees — Withholding Not An Option
Sample Association Newsletters
Sample Client Association Newsletters
Legal Questions
Association Employees, Contractors and the
New Immigration Law
Workers’ Compensation is Mandatory
It’s Snowtime!! What’s a Board To Do?
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7) Keep Your Own Records (02:09)
8) Properly Contract (03:20)
9) Safeguard Association Funds (06:28)
10)Properly Insure The Association (04:06)
11)Properly Enforce The Rules (04:06)
12)Publish A Newsletter — To Promote The Property
And The Board (03:08)
13)Stay Ethical — Keep Confidences — You Are Part Of
A Team (05:08)
14)Keep Your Sense Of Reality, Keep Your Sense Of
Humor, And Keep Cool (03:13)
15)Communicate — Do NOT Litigate (02:04)
Now with ATLAS, board members can watch the seminar whenever they want and as
often as they want online, at their leisure, and in the privacy of their own home.
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The Kaman Report Newsletter
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