One of BOMA’s most consequential
and effective programs often
operates quietly behind the scenes. For
decades, BOMA International’s Industry Defense Fund
(IDF) has leveraged and amplified industry advocacy efforts
taking place across the United States, playing a critical role
in supporting and protecting the commercial real estate
sector. This member-driven program ensures that funds are
available at the local, state and federal levels to address a
wide range of legislative and legal challenges that stand to
impact BOMA members. In 2017 alone, more than $140,000
was awarded to assist nine projects, encompassing a variety
of advocacy campaigns.
The IDF is funded through annual contributions from
the BOMA local associations; these resources are pooled
into a fund that can provide suitable resources to support
timely, priority projects. Funding requests can be
made by BOMA local associations or state coalitions or, in
some cases, by BOMA International when unanticipated,
national issues arise that call for immediate action. In
order to make the greatest possible impact, IDF funding is
designed to work in tandem with additional contributions
and partnerships, and the use of matching funds and the
development of coalitions are strongly encouraged.
Applications are accepted throughout the year on a
rolling basis. All IDF activities must comply with official
oversight rules, a comprehensive set of guidelines that
have been adopted and revised by BOMA International’s
Executive Committee. Administration of the fund and
compliance with the rules are entrusted to the IDF Oversight
Committee; this committee meets in person twice
a year—at the Winter Business Meeting and the BOMA
International Conference & Expo—and also convenes by
conference call to address applications between meetings.
With the support of BOMA International’s advocacy
staff, the IDF Oversight Committee considers all
requests for assistance and also ensures that recipients
of IDF disbursements continue to meet the criteria for funding and are supporting the BOMA
membership.
Funded projects can be found across
the United States, and they reflect the
exceptional advocacy work that’s taking
place at the state and local levels.
For example, BOMA/Greater Cleveland,
in partnership with BOMA Ohio,
recently spearheaded an effort to
counter a ruling by the Public Utilities
Commission of Ohio that could have
broader implications for many parts of
the country. The decision would have
expanded the commission’s authority
and strictly regulated commercial
building owners from submetering
utility fees to tenants. Thanks
to BOMA’s efforts, the commission
reversed course and excluded commercial
real estate from its original
ruling, though the issue remains an
ongoing regulatory matter within the
commission and a potential legislative
matter in the Ohio General Assembly.
BOMA/Oregon also is in the midst
of a project supported by the IDF,
participating in a coalition challenging
the implementation of the National
Flood Insurance Program in the
state. In another case that could have
national implications, a questionable
opinion by the National Marine Fisheries
Service related to endangered
species could result in the disqualification
of many communities from federal
flood insurance and disaster relief.
Local issues also receive IDF support
in cases that can identify important
trends and solutions. BOMA/
Orlando, for instance, used IDF
funding to support a legal review of
a recently passed municipal energy
benchmarking ordinance. Partnering
with other real estate organizations
in Central Florida, the local association
was successful in amending the
ordinance, including removing fines
for noncompliance and creating a
stakeholder advisory committee to
monitor its implementation. These
changes placed a less onerous burden
on Orlando’s commercial real estate
industry. With a pattern of benchmarking
ordinances popping up in cities
across the country, the lessons learned
by BOMA/Orlando are invaluable to
other local associations.
The Industry Defense Fund has a
long record of supporting projects that
have the potential to greatly affect
our industry, and these are just a few
recent examples of successful initiatives.
The IDF is a critical tool for helping
BOMA advocate for the interests of
commercial real estate, which is essential
to BOMA’s mission to advance the
industry. In fact, this spring, the IDF
Oversight Committee approved one of
its largest projects yet. Watch for more
details to come as this new advocacy
effort picks up speed.
The application form and oversight
rules can be found under the
Advocacy section of BOMA.org. For
additional information, contact Ken
Rosenfeld, BOMA International’s
director of State and Local Affairs, at
krosenfeld@boma.org.
This article was originally published in the May/June 2018 issue of BOMA Magazine.