Author: gks256

Mgmt case study #1 – final update

By this time I believe some are beginning to realize the larger objective of my posts.  It’s about HOA-LAND, that collection of HOAs across America, and SCG was just a prime subject for study that provided detailed documentation.  Through acts of commission and of omission, by both the board of directors and the members in general, my research  was revealing.

Now that the board of directors meeting was held, without write-ins being allowed and no outcry of foul by the members,  I conclude my study of a failure to act in good faith that contained documented violations of state laws and the governing documents.

My case study showed that an HOA with members above average income and education  exhibited the same social and political dynamics of the prevalent HOA culture. It is a culture found throughout HOA-LAND that allows for the classification of HOA-LAND as a nation within America, consisting of independent principalities allowed to exist outside the Constitution.  In the face of demonstrable violations of the law and the governing documents, the silence by BODs and the majority of the members places HOA communities above the law as outlaw communities.

Although participation in  the SCG polls and focus groups was in the thousands, the failure of members to participate in my nonpolitical  “Values” poll  is indicative of the HOA Culture.  It is very disappointing, but not unexpected.  Early results do not show a heavy leaning for or against but a balanced response that I see as truthful, honest replies. Another failure by the members to accept criticism.

Check out the poll — it’s anonymous. https://www.surveymonkey.com/r/NF7FVR2

I was texted by a member who said this failure was due to fear on the part of members. She was partially right; fear is one aspect of the social dynamics of the HOA Culture in SCG.  Others texted asking, what does this prove and where are you going with this?  In a broader context, we are dealing with  simplified explanations by apathetic members.  Why is this so?

In my well founded argument of the social and political  dynamics at work included findings of the existence of:

  1. an authoritarian environment made possible by members’ authoritarian followers behavior. In short, trusting in authority figures. (It is in keeping with the increase in American authoritarianism);
  2. a cult-like behavior by members who religiously support the board of directors, who completely believe that the BOD can do no wrong, and who  will intently not discuss or debate the issues, but ready to attack and disparage the messengers (as found in cult followers);
  3. a “You can’t fight city hall” mentality stemming from the adhesion governing documents granting powers to the HOA and supported by pro-HOA statutes mimicking the governing documents in many ways (the practical ability to seek justice in the courts is subject to unattainable financial and emotional bars;
  4. a “I just don’t care” attitude by members who are in love with the amenities and benefits made possible by the HOA, and the means to that end doesn’t interest them;
  5. a fear in being rejected, ostracized, and socially distanced as “not one of us,” and “should move out if not happy here,” if critical or disagreeing with the prevailing views of the “establishment.”  Or, in other words, the equivalent of not being politically correct.

The making of this culture falls only partially on the members to the extent of their being all too willing to accept pro-HOA propaganda —  carefree living, affordable housing, resort style living etc.  CAI (Community Associations Institute) has for over 40 years 1) heavily influenced and dominated the formation of HOA-Land as an institution – accepted without question as that’s the way it is; and 2) conditioned and indoctrinated the public and members with its CAI School of HOA Governance (my label).  NO, that’s not the way it is!

This business trade group has advanced its mission to support its members, the attorney and manager “venders.”   Collectively, its program of education and acceptance can be found in its CAI Manifesto, which is a collection of all CAI documentation including town sponsored seminars and conferences,  court filings, and legislative testimony in  almost every state.

As I presented elsewhere, SCG has a “clique” of CAI members who, over the years,  are also or were SCG presidents and directors.  And their presence continues and can be seen on the BOD and as committee chairs today.

How SCG, and all HOAs, go forward depends on a proactive and involved membership, starting with reforming pro-HOA state laws and trickling down to conforming governing document revisions.

THE  ALLEGORY  OF  THE  WIZARDS OF HOA-LAND

“Pay no attention to that man behind the curtain!”

The quote comes the classic film The Wizard of Oz. The Wizard of Oz tells the story of Dorothy (and her dog Toto) who is magically transported to the Land of Oz. Now, stuck in the Land of Oz she  is advised to see the Wizard of Oz as he may know of a way to send her home.  Speaking to the Wizard, who looks like a giant floating head, the floating head is exposed as just an illusion created by a middle-aged man hiding behind the curtain, who is the “real” Wizard. He attempts to distract them by asking them to ignore the man, saying “Pay no attention to that man behind the curtain.”  (View https://youtu.be/YWyCCJ6B2WE).

The ”Wizards of HOA-Land” are none other than the HOA boards of directors (BOD) who provide illusions of happiness, approval, and support by the majority of their members.  The BODs use propaganda statements — disinformation consisting of false, misleading, and half-truths —  videos, photos, testimonials, and coercion applied to non-believers in their message.

Speaking specifically in regard to my “Mgmt Case Study #1” subject, Arizona’s SCG, as a result of the BOD’s arrogance, its defensive posture using propaganda to create illusions of proper and righteous conduct, its silence on the crucial issues, and its continued violations of black-letter statutes and the governing documents, I’ve managed to pull away the “curtain” and expose the Wizards in action. The BOD’s response has been, in effect: Pay no attention to these criticisms and just believe in how we’ve made you all content with  SCG. 

The SCG BOD election  mockery

(In general, the legislators, the media, the HOA BODs and members need to step back and see the ugly forest through the trees — the claimed “isolated” incidents.)

And so the BOD, with some 30% of the votes already cast, continues to urge the members to vote.  Why?  Under SCG’s election procedure the winners are from the top 4 vote counts, and with more than 10% voting to avoid any quorum issues, why bother?  Would it really make a difference among 7 shades of gray candidates who, as I’ve pointed out elsewhere, have been carefully selected and controlled by the BOD with the result, no matter who won, of more of the same policies, attitudes, decisions, culture as before.  The independent voices of  the members have been denied.

A Committee for the Betterment of Sun City Grand  (CBSCG) is becoming a necessity for any hope of restoring member fundamental rights and freedoms.  The members must act!

HOA management (BOD) is more than property management (CAM)

I continue to be baffled as to how real estate attorneys and property managers, unlicensed in most states, have been allowed by state legislatures to advise and dictate to HOA boards (BOD) on how to govern a community by an Association that  is very similar to a local government body.  Governing a community is more than managing a property in a subdivision.   

 Many other experts and authorities have attempted to explain this complex concept of “what is management”  — including the renowned Peter F. Drucker. (The Practice of Management and Management). My take is a simple, down-to-earth explanation as part of “Reorienting the BOD and its followers,” the first step in A Plan Toward the Restructuring the HOA Model of Governance. 

Management (noun) – Management is an entity — an organization whether a business, a nonprofit, an HOA, a charity, a club, a group, or a person. It applies to any person, or organization, or entity at all levels with respect to its level of authority and responsibilities — CEO, president, division director, department manager, supervisor, or committee chair. The difference in organizational type is related to their purpose and mission. Businesses  are to make a profit for their stockholders. Nonprofit membership organizations, like HOAs,  have a mission or goal as  laid out by the founders and initial directors that is designed to attract and maintain members — for $$$$$  — who identify with the mission.

Management (function) —  Management is a practice (as first described by Drucker in 1973). It’s an actual application by practitioners/managers — whatever the designation: manager, governor, administrator, board of directors, trustee, etc. — of the set of beliefs, principles, and values held by the organization. The quality and success of the management function is measured by its performance in attaining its mission, objectives, and goals. They may set by its constitution, charter, bylaws, Declaration of CC&Rs, or by department/section/committee descriptions.

Executive level management — at the state legislature through its lawmaking authority or at HOA board of directors level — has final and total responsibility for the successful performance of the organization and sets the mission, goals, conduct and operation of the entity. It has the duty to 1) set policy, plans, rules, regulations, controls, procedures, etc., and 2) organize and structure the entity. All in keeping with its powers under the legal documents and laws granting it the authority to so act.

The very first task for the BOD is to determine just what is the purpose of the entity, and what should it be. Once this reason for being has been determined and stated in terms that permit the evaluation of performance, a valid mission statement can be issued.  From the mission statement a single goal  or set of goals can be issued that permit a measurement of the entity’s performance.  Value statements can be adopted to guide the BOD and members with respect to acceptable means and methods for achieving the goals.

“A mission  statement has to be operational; otherwise it’s just good intentions. A mission statement has to focus on what the institution really tries to do.” (Managing the Nonprofit Organization, Peter Drucker, 1990).

The mission statement by the HOA Management Case Study #1 subject, SCG for example, speaks  in the present tense using the word “IS,” making it more of a propaganda statement — it already exists or has already been accomplished — rather than a condition, an ideal,  to be achieved.  Consequently, SCG’s mission serves no value for the establishment of goals that can measure performance, leaving the HOA essentially without any direction.

* * * *

Cautionary note:

Management when it fails to abide by the authorizing documents and marketing materials that appeal to the wants, desires, and wishes of the members will result in members exiting  the organization, taking their future member donations, dues, fees, etc. with them. With businesses, except small, closely held businesses, exiting is a simple task of selling one’s stock and buying another.

HOAs are more like a small, closely held businesses where exiting is not a simple task primarily due to the need to find some other private buyer (investor) willing to ignore why you are leaving. The status and situation of members can be viewed as a form of indentured servitude: you can’t leave unless you have  money to leave (like having paid off your servitude obligation), or you die.

Consequently, management in membership nonprofit organizations, like local governments, must keep the members happy.  Any changes or  modifications to the purpose, or mission, or goals of the organization must consider  the effect on the members.  And must follow the law and the controlling documents – the CC&Rs in HOAs.  The BOD is not a free agent to do as  it pleases as if the HOA were its own private club.

Mgmt case study #1 – update2

Management Case Study #1 update2 — BOD good faith conduct

George K. Staropoli, December 31, 2021

MUST READ FOR CONCERNED MEMBERS

SCG BOARD UNEQUIVALLY DEMONSTRATED THAT IT’S A ROGUE BOD

SCG members, as a PUD, do not have title to any of the assets of the association. SCG, as represented by its board, owns title. Members have  beneficial interest, but not title to some $22 million in revenues, $21 million in reserve funds (cash equivalents), and $64 million in assets as reported on its IRS 990 filing for 2019.

The tone of  Thursday’s board CHAT meeting was clearly secretive for the Directors only and to say as little as possible for member consumption — on a “need to know basis” and the members didn’t need to know.  The president came across as the man-in-charge and making statements that ignored the statutes and governing documents; misstating that the CHAT was not a legal board meeting, just a chat amongst the directors, with a few acceptable attendees allowed to speak. 

Much to the arrogance and  naiveté of the president and the directors, I have had over 10 years dealing with Arizona legislature, proposing bills, and testifying for HOA reforms.  I played an important role in the establishment of OAH hearing HOA member complaints, vehemently opposed by CAI. The SCG “clique” has some 13 CAI members, former and current.

Read this important update that serves a warning to all those large active-adult or master planned HOAs that this could be happening to you.

HOA case study approach vs focus groups

The more familiar focus group methodology stands in sharp contrast to the Case Study approach, which is a top-down, managerial process, while focus groups are a bottoms-up approach to provide guidance to decision-makers. The key aspect here is how does the researcher use the data gathered, which is dependent on the depth and quality of its subsequent analysis.

An important caveat:  focus groups can be used to advance personal agendas by shaping the content of the issue or conditions to be studied and/or the phrasing and wording of the questions asked.  There is generally no debate between the respondents questions or criticizing their views.

HOA Case Study Overview

Simply put, the case method is a discussion of real-life situations that business facing executives.  IT IS AN EDUCATIONAL PROCESS FOR ALL HOA MEMBERS and will help in becoming a more meaningful, relevant, and productive participant in the governance of your HOA.   It is members only and independent of any HOA approval or regulations.

If properly conducted, the outcome  should provide your BOD with solutions that have much more merit than listening to the views gathered at focus groups or Q & A sessions (workshops, fireside chats, meet the board, etc.).

The method consists of being presented with a real event or issue or a case facing an executive – president, BOD, committee chair — and asking a question or two regarding what you would decide. As you review each case, you’ll put yourself in the shoes of the key decision maker, analyze the situation, and decide what you would do to address the challenges.   

Importantly, there is the requirement to present your views or opinions before the study group (online participants), and  after a discussion with other group participants you will be asked to volunteer your decision and reasons why.  If you feel that your decision[s] have merit you can present them to the president or BOD as you feel comfortable.  It would be appropriate to indicate the basis for your recommendations, the HOA Case Study Group that you participated in.

How to participate in a meaningful and instructive manner.  YOU are the decision maker! What to do?  (Harvard Business School, Executive Education). 

Here’s your chance to deal effectively with HOA issues and resolve the problems in a practical  manner. No unsupported opinions, feelings, likes/hates, etc.

  • What are the most important issues being raised?
  • Each case begins with a text description followed by exhibits. Ask yourself: What is the case generally about, and what information do I need to analyze?
  • Put yourself in the shoes of the case protagonist, and own that person’s problems. Ask yourself: What basic problem is this executive trying to resolve?
  • What recommendations should I make based on my case data analysis?

. . . .

Why are focus groups used?

(Copley Focus Centers)

“Focus Groups are generally used to gather people’s opinions, ideas, and beliefs on a certain topic or product.  While surveys or questionnaires can be useful, they can not capture what a person is thinking or feeling.  This is where a focus group will come into play. . . .  The main purpose of focus group research is to draw upon respondents’ attitudes, feelings, beliefs, experiences and reactions in a way where other methods are not applicable.

“Focus Groups are generally used when there is little or no knowledge about the target market.  Most commonly Focus Groups are used when a new . . .  service is being developed and the company is not sure how the public will react.  In this instance, a Focus Group is conducted to get opinions, ideas, suggestions, and reactions before the product or service is available to the public.  Once the information is gathered, changes may be applied to the service or product to make sure that it will be received well by the target audience.”