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Idaho CAI Blog

Why Does My Community Association Need Cyber Insurance?

7/27/2022

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By: Tiffanie Thompson, SentryWest Insurance
​The manta in the cyber world is:  It’s not a question of IF an association will suffer some kind of data breach- but WHEN.
Cyber criminals are not looking for a huge payout – they want an easy target.  Community Associations have two things they want: 1) personal homeowner information and 2) money.  Associations are even more attractive because most lack security measures that larger corporations utilize.
Consider a few different possibilities:
  • The treasurer of an association receives an email that appears to be from a vendor requesting funds be transferred for work performed. The treasurer transfers the funds as requested. Later it is discovered a thief was impersonating the vendor and the funds were transferred to the thief’s account.
  • A board member or manager loses their laptop, which contains association bank account numbers and passwords.
  • A cyber-thief hacks obtains access to an association’s records and obtains personal information about homeowners.
  • Online payment options
  • Have a website or utilize social media

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Cyber Security and Community Associations

6/29/2022

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By: April Ahrendsen is a Vice President with CIT, a division of First Citizens Bank

Are community associations at risk of a cyber-attack? The short answer is yes, but let me list out all the main reasons why:
 
  • Community associations typically have a large amount of operating and reserve funds
  • Community associations are overseen by people that are usually not cyber security experts
  • Community associations keep lots of sensitive data on computer software programs
 
Those reasons are enough of a motive for a criminal to target a community association for a cyber-attack. If a 21-year-old was able to use an unprotected router to hack one of the largest wireless carriers in the United States, then it is clearly possible for a community association to get hacked as well. The criminal who stole data on 50 million wireless customers said, “their security is awful.” Many of us may have likely had our personal information compromised through cyber-attacks and data breaches, but what would that look like for a community association? Imagine staff computers not working because they have been hacked. Bookkeepers who cannot log into online banking because their passwords have already been changed. Wire transfers showing HOA reserve funds that have already left the bank. Homeowner names, addresses, and bank account numbers all for sale on the dark web. I want to intentionally paint a scary picture because a cyber-attack is a scary situation, and if it can happen to one community association then it can happen to a lot more. It is nearly impossible to be 100% bullet proof from a cyber-attack, but my goal is to make you a smaller target through these strategies.

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Even After Covid, Online Voting is Here to Stay for HOA, Condos, and Co-ops

5/27/2022

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By: Cathi  Sleight CMCA® , EBP - Vote HOA Now
​The year of 2020 will forever be known as “The Year of Covid” and we have seen many changes as a result. One positive change has been the level of remote participation and the gaining popularity of virtual meetings for board meetings, annual meetings, elections, and special membership meetings. As the technical comfort level of owners, board members, and managers has grown, with it has been the understanding that greater participation from owners via remote means is a good thing.
 
Many states that had enabled temporary allowances for electronic voting due to Covid restrictions have now made them permanent. This can make implementing online voting as simple as passing a board resolution or adding online voting to your election or voting process. Many of these changes were just enacted effective July 1, 2021, so be sure to check your state statutes for the guidelines.
 
If online voting is permitted by your state statute it is very easy to incorporate this into your HOA (or condominium or co-op) election process and offer owners another option for having their vote count. Start by having the board adopt a resolution to add electronic voting as a method to accept ballots.

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Watering Tips

4/27/2022

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By: Franz Witte  Franz Witte
​How to Water
 
Deep water in the early morning when the air is cool. Deep watering allows water soak into the ground through the soil profile where roots reside. Keep in mind that Idaho has lots of clay in its soil profile. Clay soils are slow to absorb and give up water, meaning this type of soil can stay wet for a long period of time, but it also takes a long time for water to move down into the roots.
 
Newly planted trees and shrubs need consistent and frequent water. 
  • Temperature, wind, soil type, grade, humidity, plant type, and plant age all contribute to watering needs. 
  • General rule of thumb:
    • 1-2 weeks after planting: Water daily 
    • 3-12 weeks after planting: Water every 2 to 3 days 
    • After 12 weeks: Water once a week until plant is established 
  • Apply water directly over the root ball.
  • The first 2-3 months after your plants have been installed are the most critical.
  • Until they establish, new plants get all their moisture from a very small number of roots.
  • Check soil moisture in the root ball and the immediate surrounding area.
  • Soil probes are great tools used to measure how much water is in the soil.
  • You can also touch the soil with your hand by digging close to the root ball--at least 6 inches deep.
  • Gather a handful of soil and squeeze. If the soil forms a loose ball in your hand, the plant is adequately watered. If the soil falls with no shape and lots of fine dust particles disperse, then it is time to water. 
 
How Much Water?
 
  • Water enough to saturate the entire root zone and surrounding soil to promote root development
  • Creating a basin around the root ball of your plant makes a reservoir. Use a slow trickle of water to fill the reservoir. This promotes slow and deep watering which allows the water to infiltrate the entire root ball.
  • As root systems establish and develop while the plant matures, watering becomes less critical. 
  • Watering will always be the most important aspect of care. 
 
Mulch
A 2-3” layer of mulch conserves soil moisture and prevents evaporation on hot days. Mulch also limits temperature fluctuations in the soil. When Idaho hits those hundred-degree temperatures, the last thing you want is to leave your plants ill prepared for survival. Take the extra step to spread a layer of bark mulch in your garden beds, it’s not only worth the aid in water retention, but it gives the landscape a nice facelift. 
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How to prevent ants in your home this spring

3/22/2022

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By: PestCom Pest Management
​The warmer spring weather brings with it longer days, more outside time with the family and,
unfortunately, bugs. Pests tend to make a presence during the changing of the seasons, which
is why you may notice more ants, spiders, bees and other insects in or around your property
during this time of year.

Ants are usually one of the first insects homeowners in Idaho notice when the weather warms
up. The invasion of ants isn’t something you have to simply accept, though. There are several
ways to prevent ants from moving into your home, and they don’t take much work.

What attracts ants to homes?
Ants become more active in the spring, and they instantly go on the hunt for a place to settle in.
They need a warm place with ample food and water, as well as shelter from heavy spring rains
or intense sunny days. Your home likely provides all of those things.
Carpenter ants , which are some of the most destructive ants out there, like to build nests within
wall cavities because of the extra safety and security they provide. If your home has cracks and
crevices for them to enter and exit, as well as plenty of food for them to eat, they’ve hit the
jackpot.

To make your home less appealing to ants of all kinds, here are some steps to take.

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Making a Hard Job Easier: Tips for Enforcement

1/17/2022

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By: Brindee Collins, Collins Law PLLC
Enforcement of the CC&Rs or the rules and regulations of a community association is one of the most important responsibilities of the board of directors and the management companies that are hired to help run an association. Despite its importance, it is one of the most difficult jobs, due to lack of proper enforcement tools, interpersonal conflict, mistakes in documentation, and differences of opinion. The question of how best to address violations and improve compliance in a neighborhood is one of the most common questions I am asked as a legal practitioner in this field. Over the years, I have noticed that associations with enforcement problems tend to have a number of things in common and that the following tips and tricks can help smooth the way for a better enforcement process, success in addressing violations, and avoiding conflict with homeowners.
​
Know Your Governing Documents
A board of directors and their manager must be intimately familiar with the terms of the governing documents of an Association, including the CC&Rs, the plat map, the rules and regulations, the articles of incorporation, and the bylaws. These documents are both the sources and the limits on the Association’s powers and responsibilities, and almost every enforcement issue revolves around the terms of these documents. In Idaho, restrictive covenants are viewed skeptically, as being contrary to the right to use property freely. Any restriction that is not clearly expressed in the terms of the governing documents will likely be considered unenforceable, so it is important to ensure that you have a good understanding of exactly what restrictions your association’s governing documents actually place on the land within the development, and that the language is drafted in a clear way, that is easy for everyone to understand, with no ambiguity. You can only enforce the language of the governing documents based upon its clear meaning, not based upon what you thought it meant or what you might wish it meant. It is also crucial that you be aware of any language that limits your right to enforce, such as required mediation or alternate dispute resolution clauses, which are becoming more and more common. 

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Volunteering Trends Pre- and Post-COVID-19 and What They Say About Community Associations

11/12/2021

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By: Jessika Reed - HOALiving
When you think about volunteering—just the concept of it for now—what images come to mind? People in neon T-shirts handing out water bottles at marches, walks, and runs? Musicians donating their time and talents at VA and children’s hospitals? Maybe you envision environmental efforts or holiday-specific commitments.
Maybe your mind is beating me to the punch line and you’re already thinking about the board of directors at your community association.
                It’s true—this world of HOA living and managing (and developing and advising) relies heavily on the selflessness and cooperation of volunteers. Merriam-Webster defines volunteer as “a person who voluntarily undertakes or expresses a willingness to undertake a service.” This certainly applies to the individuals who step up and run for board positions—those who are elected, those who are appointed to officer positions (president, treasurer, secretary, etc.), and those who are appointed by the board to different committees.
                Neil Schiffman is a Community Manager for FCS Community Management, part of the HOALiving network of companies. He works directly with community associations and their respective boards, interacting firsthand with the volunteer network that is characteristic of HOAs.
                “HOAs function best with volunteer participation,” Schiffman said. “Owners feel that they have a say in the operation of the community, even if they are simply paying more attention to the landscape or janitorial services. Associations that have strong committees to help provide guidance and feedback to the board are very high functioning. Owners who are willing to effectively communicate their feedback through surveys and board meeting participation seem to be happier with the outcome.”
                Community associations run on volunteer efforts, but this past year and a half has seen countless changes in how nearly everything runs. The same force that has us covering our faces, increasing our distance, and working from home must surely be affecting the volunteer landscape, as well, right?
                Right!
​

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That’s a Wrap! - Fall tips to close the gardening season and set-up a successful one in 2022

10/22/2021

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By: - Franz Witte 
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The beautiful colors of fall have finally arrived
and are painting a kaleidoscope of color
across the Treasure Valley. This seasonal
display accompanied by cooler nights and
shorter days indicates that winter is growing
ever closer. While this year's gardens were
beautiful and productive, it's been a long
hot one and the cooler weather and shorter
days bring a rest and transition that is so
very welcome. Whether you've been working your beds for years or are new to gardening, what follows should help clarify some questions you may have, or simply reinforce the plans you've already made.

 
There can be a lot to consider and at times it may feel like there is more to do than one can get done in the relatively short fall season we have in the Treasure Valley. Don't be overwhelmed; there are a few things that should be done, and many, many others that can be caught up in the spring if needed.
 
Keep Things Clean
The most important activities are centered around cleaning things up. Putting our gardens and landscapes to bed for the winter in a clean and tidy condition contributes to a healthy, vibrant garden in the spring. Start with cutting back certain perennials and cleaning up any leaves from diseased plants. A good example would be with Peonies; if you have these, they should be cut back to the soil level and all leaf debris should be disposed of, not composted. While Roses are more characteristic of shrubs, they too benefit from a light pruning in the fall, and thorough leaf clean-up to prevent perpetuating any disease present into the upcoming season. A more thorough and complete pruning will be done on these plants in the early spring, after danger of coldest weather has passed. For more in-depth guidance on roses see our blog post here.


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Improving the Annual Audit Process - Annual Audit Process Efficiencies

8/5/2021

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By:  Jeremy Newman CPA. - Newman Certified Public Accountant PC.
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  • ​Engagement Letter – Sign Early
Obtain Board approval of the CPA’s engagement letter three to six months before year end and transmit to the CPA.

  • Scope Changes – Early Communication
Let your auditor know as early as possible if there has been a change in the scope of the audit. Scope changes include management/accounting transitions, new special assessments, new loans, new litigation.

  • Documentation Flow
Ensure all of your documentation is in place.  You should have documents to support every transaction, and every balance sheet account. Ensure documents and reports are provided to the auditor as completely and as early in the process as possible. Gather, save, and share documents related to significant transactions.

  • Irregular Transactions
The auditor will need supporting documents for non-regular transactions such as laundry rent/commission agreements, cell tower leases, other rental income leases, insurance claims – reimbursements and expenses, special assessments, loans.

  • Investments
If your association has investments in treasuries, mutual funds, stocks, bonds, municipal bonds, the auditor will need to determine market value and cost, together with realized and unrealized gains and losses. Ensure you obtain a transaction history report for the whole year from the investment advisor or brokerage. For income tax purposes, it is vital to present accurate gain or loss amounts. Often, brokerages provide annual tax reports which should be provided to the auditor and tax return preparer.

  • Changes in Management
Obtaining all accounting report, transaction documents, agreements, contracts, governing documents and many other documents from prior management is vital to successfully completing an audit; let alone completing an audit efficiently. We recommend a checklist is used to ensure all association reports and documents are transitioned.

  • Responses to Auditor Inquiries
Complete and timely responses to auditor inquiries can ensure the audit is completed efficiently and with less email exchange.

  • What are Typical Causes for Incomplete Audits?
Missing bank or investment statements, incomplete insurance claim documentation, prior management incomplete records, incomplete responses, poor tracking of special assessment activity.

  • Concluding the Audit
Upon provision of the draft audit report, auditors also provide boards and management with a representation letter.  The representation letter is from the board and management to the auditor. Auditors cannot release final audit reports is the representation letter has not been signed and returned to the auditor.

  • The Good News
We can walk you through every step of the audit process.  Our goal is to make the audit experience as easy as possible for you. Audits do not need to be challenging. Communication and complete documentation are vital.

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Flags: What Everyone Ought to Know About Idaho’s HOA Flag Rules

7/19/2021

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​By Gregory B. Coxey, Partner - Vial Fotheringham
​Flags are something you see every day and with summer holidays coming up, flags are going to be everywhere you go. Flags can mean different things to different people, they can represent countries, ideas, holidays, and even politics. Flags have a long history, and regardless of what they represent, they will continue to be put on display by people all around the world. However, what happens if you live in a Community Association that has restrictions when it comes to displaying flags?
 
You can display an American Flag.
In 2005, the "Freedom to Display the American Flag Act of 2005" was enacted by Congress prohibiting Community Associations from unreasonably 
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restricting or preventing a member of the association from displaying the flag of the United States on residential property within the association. This means that an American flag is allowed to be displayed.
 
This does not mean any U.S. Flag can be displayed in the Association. This act only allows protection for the traditional, red, white, and blue, 13 stripes and 50 stars flag, “Old Glory”, originally designed by Miss Betsy Ross herself. The act does NOT protect variations of the U.S. flag.
 
Please note that even though federally you can display a U.S. flag, the Association still has the ability to reasonably restrict the time, place, and manner of where you display the flag. This means that you should check your Association’s rules if you are ever unsure about whether your flag is allowed. These restrictions would be found in your Community Association’s governing documents, which usually include the Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs), Bylaws, and any other rules and regulations adopted by your community.  ​

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Heather Brownson
Chapter Executive Director

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PO BOX 393
Meridian, ID 83680
info@idcai.org
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