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Meet Michael G. Waddoups
Michael G. Waddoups, President Utah State Senate
Senator Waddoups spent an hour with me during a recent busy interim session of the Utah Legislature.
I arrived at the Utah State Capitol on a cool spring morning just before our scheduled 8:00 a.m. appointment, found a convenient parking place (sometimes a rarity during our six-week legislative session in the winter) and walked in the brisk air to the main Capitol building. After climbing two flights of stairs from the main rotunda, I arrived at the offices of the President of the Senate. A receptionist greeted me, showed me to a chair, pointed to where I could get the morning papers and gave me a cup of water, served in an environmentally friendly cup.
Promptly at 8:00 a.m. Senator Waddoups appeared, greeted me warmly, shook my hand and led me into his office with a view of the central outdoor court below and hills beyond. I had gotten to know him over the past four years in my capacity as past chair and ongoing member of the Community Association Institute’s (CAI) Utah Legislative Action Committee (Utah LAC). Thanks largely to Senator Waddoups’ leadership and through the efforts of Senator Wayne Niederhauser and Representative Gage Froerer and others, the Utah LAC had been successful in achieving legislation during the 2011 session that has greatly advanced the protection of Utah residents who own in common interest communities (homeowner associations or HOAs).
Senator Waddoups celebrated his sixty-third birthday the week prior to our interview. He is well over six feet tall, slender, dignified and gracious. Each time we meet I enjoy his sense of humor and ready smile. He has the reputation of packing a firearm. I don’t know if he was packing that morning, but he looked to me like he could hold his own in most any situation. He definitely speaks softly and carries a big stick, probably a prerequisite of his office. He is easy to respect, but not intimidating.
MMB: Tell me about where you grew up, about your education, your wife and family and where you live.
MGW: I grew up in Moore, Idaho. Moore is a small farming community, current population about 250, located just north of Arco. I obtained a BS from Brigham Young University in banking, finance and property management.
I married Anna Kay Waddoups. We met at BYU in an Executive Lectures class. We would sit in the back of class and play games.
We have lived in Taylorsville since before it was an incorporated city and in our current home for ten years. It’s in a planned unit development (PUD) that, thankfully, I don’t manage. We have two daughters and nine grandchildren. Ann has dedicated herself to our family and to service work.
I have two brothers and a sister who still live in Idaho.
MMB: What are your hobbies?
MGW: Politics! I also like to mentor. I mentored Michael Johnson, who owns FCS Community Management.
MMB: Being a Utah legislator is a part-time job. How do you earn your living?
MGW: I own Cooperative Property Management. We started in 1982 and currently manage 25 community associations with about 1100 units, some office buildings and 25 single family homes.
MMB: How did you happen to get into property management, specifically community associations?
MGW: I began working for Commonwealth Management doing conversions of apartments to condominiums in 1979 or 1980. Trolley Village was one of the first. We also managed some strip centers, industrial warehouses, apartments and even a hotel. We were doing partnership syndications to finance the conversions; the economy collapsed, interest rates soared and that opportunity ended.
MMB: I am familiar with issues involved in managing a portfolio of community associations (HOAs) – lots of night meetings and other challenges. How do you do it?
MGW: I have a small staff and attend the meetings myself. Under rare circumstances I have someone else cover for me.
MMB: You have been a good friend of the CAI Utah LAC. CAI is the nationally recognized spokesperson for responsible communities. Why have you not joined?
MGW: There are a couple of reasons: I am not a joiner and am independent in nature. And, being a member might have given the impression of a conflict of interest as we went through the legislative process on behalf of HOAs.
MMB: Tell us about the district you serve, how you got into politics and something about your constituency.
MGW: I represent District 6 which encompasses Taylorsville. I was appointed to fill a vacancy in the house in 1987. I was appointed in 1996 to fill a vacancy in the senate and then elected in 1997. The constituency of my district is made up of a good cross-section of the Utah population – mostly center of the road in their political beliefs. They want limited government service; education is a priority. They believe in the right to carry arms.
MMB: Do you know how many community associations are in your district and how many people in your district live in community associations?
MGB: No.
MMB: Do your constituent associations have any issues?
MGW: Yes. Canyon Point is concerned about the Jordan River flooding down into the delta.
MMB: 2011 was a good year for HOA legislation. What did you like about it?
MGW: We got pretty good legislation after a 3-year long effort. The insurance provision is very good; however, we still have work to do.
MMB: What do you mean by that?
MGW: The mandatory registration of associations for lien payoff purposes should have included the recording of the number of units in each association. We need to know how many units are in the state.
We need to see better definitions in the Covenants, Conditions and Restrictions (CC&R’s).
MMB: I recently read a definition of politics: “Politics is when people choose their words and actions based on how they want others to react, rather than on what they really think.” What is your definition of politics?
MGW: A good legislator listens, serves the public and finds compromise so that the best legislation possible is enacted. A good legislator represents the people and does not follow his own agenda. I failed at that my first year in office.
MMB: Tell us about that.
MGW: I failed to stop the gas tax in 1987. I didn’t understand how to get the job done, how to work within the legislative system. It was a hard lesson.
MMB: What are some of your legislative highlights?
MGW: A Gun bill in 1994 that better enabled citizens to protect themselves, the Community Relations Modes and the Uniform School Zone Bill that mandated traffic lights and speed limits for all school districts in the state.
MMB: You are retiring at the end of 2012. Why?
MGW: I am the second longest currently serving senator. It is time to move on.
MMB: Will you become a lobbyist?
MGW: No! Absolutely not.
MMB: What are your plans after leaving office?
MGW: (No comment)
MMB: What parting words of advice do you have for our organization?
MGW: Give support to those associations who are lacking in leadership, but be careful that they don’t become assisted living centers. Leave them some individuality.
By Marla Mott-Smith
Meet Gage Froerer
GAGE FROERER
Utah House of Representatives, Republican, Ogden
I met Representative Froerer at the State Capitol during a very busy one-day interim session in November. He ushered me into his office in the West Office Building through a throng of demonstrators and graciously spoke to me between important appointments.
Rep. Froerer has agreed to carry our Utah Common Interest Ownership Act (UCIOA) through the Utah House of Representatives during the 2011 session. The Utah CAI Legislative Action Committee has worked successfully with him in the past on a bill that limited absentee owners in condominiums.
Gage was born in 1952 and grew up in Weber County. He obtained a BS in Finance from Utah State University and his MBA from the University of Utah. He lives in Huntsville with Gloria, his wife of 35 years. They have two Century 21 offices – one in Ogden and one in Eden. Gloria runs their property management division which includes a couple of small condominiums as well as commercial and multi- family residential. They enjoy skiing in the winter and golf in the summer, taking advantage of all the lovely Ogden Valley has to offer. They have three grown boys, ranging in age from 28 to 33, and enjoy three grandchildren.
Gage represents District 8 with a population of 30,000 to 35,000. He thinks that it contains 25-30 common interest communities with a population of 5,000 59 6,000. District 8 includes the Ogden Valley, City of Ogden and part of Harrisville. He serves a diversified constituency eager for gains in the economy, which includes education and jobs. His legislative interests are Business and Labor, Revenue and Taxation.
When I asked him what makes a good legislator, he cited the ability to listen and communicate back. He counts among his legislative highlights a bill that decreased the interest rate on past due property taxes and an incentive to pay taxes on time. He was disappointed that a Green Belt Tax Bill he sponsored did not pass. The bill would have lowered the size of parcels to allow for tax exemptions.
Rep. Froerer will be working with Rep. Webb to sponsor a couple of homeowner association bills in the upcoming session having to do with financial statement disclosures and registration of associations. Registering of associations is important so that title companies will know who to contact so they can obtain accurate information on assessments due when properties change owners. It is also important to know exactly how many associations there are in Utah and how many people live in them. The Utah CAI LAC looks forward to working with Representatives Froerer and Webb to include provisions in UCIOA that better serve associations.
The passage of UCIOA is important to him to that association governance is improved. He feels strongly that developers should be held to higher standards. We look forward to working with Representative Froerer.
Marla Mott-Smith
Meet Wayne Niederhauser
Senator Wayne L. Niederhauser (R)
Senator Wayne Niederhauser greeted me graciously in his office at CW Management Corp. where he a principal. He has agreed to be the Senate sponsor of our Utah Common Interest Ownership Act (UCIOA).
Constituency: Senator Niederhauser represents District 9, which encompasses zip code 84092 and includes most of Sandy and part of Draper. His district is made up of mostly professionals with the highest income per capita in Utah. He won his seat in 2006 and is currently running for his second term and is thankful that the opposition has yet to emerge.
Personal: Sen. Niederhauser has been married to wife Mellissa for 28 years. They have five children ranging from early teens to mid twenties. Mellissa graduated from the School of Utah Fashion Merchandising and currently works for Granit School District. The senator grew up in Logan. He is an outdoorsman and enjoys biking, rafting back packing, kayaking, and back country skiing. His favorite sport is biking and the Tour de France his favorite spectator sport. He graduated from Utah State University and is a CPA.
Professional: CW Management is a real estate development and management company located in West Valley City, Utah.
His current committee assignments are as follows:
Appropriations:
- Capital Facilities and Government Operations Subcommittee
- Executive Appropriations Committee
Standing:
- Senate Business and Labor Committee
- Senate Revenue and Taxation Committee
Interim:
- Business and Labor Interim Committee
- Revenue and Taxation Interim Committee
- Legislative Management Committee
- Occupational and professional Licensure Review Committee
- Senate Government Operations and Political Subdivisions Confirmation Committee
- Senate Revenue and Taxation Confirmation Committee (Chair)
- Health System Reform Task Force (Co Chair)
Majority Whip: As whip his job is to get the party together to vote as a group – in other words to tow the party line and reach the objectives of the caucus. His job is to see the big picture, have good working relationships, take care as to what legislation is run, assist others prepare legislation and appease the body.
What Makes a Good Legislator? Senator Niederhauser believes it is the ability to go home at night with no personal grudges and to separate the issues from the people.
Legislative Highlight: The passage of the Financial Transparency Act – www.utah.gov. Citizens can see what the State is spending
Legislative Lowlight: Taking on bills as a freshman that, with more experience, would have not gone down in flames. Specifically, when we dine out in Utah we pay a 1% tax that goes, among other uses, to support the Visitors Bureau. He would have liked to see some of it go directly back to restaurants for an “Eat Out” campaign.
Homeowner Associations: Senator Niederhauser’s company CW Management has developed several communities with homeowner associations. They do not bring in a professional management company. He did not know the number of HOA’s in his district of the number of people who live in HOA’s he represents.
UCIOA: He thinks he is the right person in the senate to carry the bill because he understands HOA’s and is trusted by groups who may not favor passage. He is encouraged by what the Utah LAC has accomplished but warns that passage is not a slam dunk. He believes there is still education to be done and that our LAC can play a role in informing the Title Industry as well as League of Cities.
Contact Information:
Email: wniederhauser@utahsenate.org
Home 801-942-3398
Work 801-558-4766
Fax 1-866-283-7751
Address: 3182 E GRANITE WOODS LN
SANDY, UT 84092
Facebook: http://www.facebook.com/wniederhauser
Interviewed by Marla Mott-Smith
CAI holds Leadership Luncheon January, 21, 2011
Friday, January 21 at 11:30 AM in the Cafeteria of the Utah State Capitol, the Utah Chapter of the Community Associations Institute (UCCAI) will present a program on the proposed UCIOA bill. This bill will update and integrate law for all common interest subdivisions in Utah. It will affect the estimated 350,000 Utah residents who live in approximately 3,500 associations. Other community association legislation and issues will be discussed.
Invited panel: Senator Michael Waddoups, President Utah State Senate; Senator Wayne Niederhauser, Senate Majority Whip and UCIOA sponsor, Representative Greg Froerer, House sponsor of UCIOA; Andrew Fortin, Esq., National VP Government and Public Relations, Community Associations Institute (CAI); Bruce Jenkins, Esq., Vice President CAI Utah Legislative Action Committee and lead drafter of UCIOA. John Morris, Esq., McKay & Burton, and Chair of CAI Utah Legislative Action Committee will moderate.
Attendees are encouraged to join a grass roots campaign by making an appointment to visit their legislators after the program to discuss UCIOA and other community association issues.
CAI is a national nonprofit association created in 1973 to educate and represent America’s over 231,000 residential condominium, cooperatives and homeowner associations and related professionals and service providers. The Institute is dedicated to fostering vibrant, responsive, competent community associations that promote harmony, community and responsible leadership.
For more information on this important program and on the Utah Chapter of CAI, contact Dennis Harris, Executive Director, at (801) 595-5977, or email him at info@uccai.com. Cost of the program and lunch is $25 for members and $45 for non-members.
Registrations can be made via the Chapter’s website at http://uccai.com/eform_detail.asp?id=32&name=January+2011+HOA+Leadership+Luncheon
Utah Common Ownership Interest Act – UCIOA / SB 182
(Introduction and Summary)
The purpose of UCIOA is to deal, in a single act, with all forms of residential common interest ownership: (i) condominiums; (ii) planned communities; and (iii) cooperatives. Collectively, these three forms of common ownership communities are referred to as “Common Interest Communities,” or more commonly “HOA’s.” Though they differ in how the owner hold “title” to an interest in real property, all three Common Interest Communities share commonalities in their creation and governance. And all have common or interdependent relationships necessary for the operation of the project and are best dealt with under a single act, rather than multiple acts. Even this session, problems in dealing with multiple acts for Common Interest Communities have been highlighted in SB161, HB 280 and HB 181.
Utah’s UCIOA is modeled after the Uniform Common Interest Ownership Act (developed by a multi-discipline national laws committee, including a representative from Utah) and draws significantly from the best of the Utah Condominium Ownership Act (the “Condominium Act”) and the Utah Community Association Act (the “Association Act”), both of which UCIOA will replace. Additionally, for the first time in Utah, UCIOA addresses the cooperative form of “real property” ownership. Through the drafting process care has been taken, where appropriate, to deal separately with condominiums, planned communities and cooperatives.
As an omnibus bill, UCIOA has been part of a four year drafting and vetting process, the last two years involving representatives from the HOA, home building, development, realtor, apartment association and insurance industries regularly participating in joint drafting meetings nearly every second or third month. Representatives from the timeshare industry and other industries have also participated.
The intent of UCIOA is three fold: (i) to provide a common language (definitions) for all involved with Common Interest Communities, (ii) to provide for the orderly creation of all Common Interest Communities through Declarations (CC&Rs), Plat Maps and other governing documents – in large part UCIOA has adapted to all Common Interest Communities the well established and prudent procedure for establishing condominiums through CC&Rs, Plats,etc. embodied in the current Condo Act; and (iii) to provide governance standards for Common Interest Communities, including (a) collection of common expense assessments, (b) reserve funding (optional), (c) uniformity in insurance, and (d) consistency in rulemaking.
UICOA does this while preserving the right to contract by allowing developers the right to include in CC&Rs special development rights and restrictions important to the character of the community.
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