Online Alerts

Assessments Are in Full Force Even After Fraud Allegations

September 30, 2016    
It’s not uncommon for a member who hasn’t paid assessments or other fees to claim that he's withholding funds because of a perceived problem. But the good news for associations is that the obligation to pay assessments isn’t absolved because of alleged bad behavior by the...
Feature

Put Plan in Place to Prevent and Deal with Fraud

September 14, 2016    
Unfortunately, community associations—regardless of how well they are run—can fall prey to embezzlement or purposeful misuse of funds or resources. Association managers and board members should be aware of common ways that fraud is perpetrated and how to prevent—or in the worst...
Risk Management

Use Bylaw to Ensure Funds Are Ready for Repairs, Replacements

September 14, 2016    
A well-funded reserve account is a clear indication of how prepared a community association is to deal with its long-range maintenance needs. Without a well-funded reserve account, most associations’ only option to pay for repair needs that arise is to impose a special assessment on their...
Dealing with Members

Inform Member that Assessment Payment and Grievances Are Independent Issues

September 14, 2016    
Association members have agreed to abide by governing documents, which provide for payment of assessments that the association relies on to run the condominium building or community. But a member might feel like this gives him leverage when he’s upset. That is, by withholding his monthly...
Recent Court Rulings

State Laws Determined Validity of Amendment to Declaration

September 14, 2016    
Facts: A planned community was developed in the 1990s. Prior to development, the developer recorded declarations and covenants that provided for the formation of a homeowners association. It stipulated that certain owners of multiple lots would be required to pay dues on only one lot. Several years...
Feature

Handle Death of Member with Diplomacy and Efficiency

August 15, 2016    
Sadly, a member in the planned community or condominium that you manage could die. If you and your staff have gotten to know the member or her family well, it could be especially upsetting. But as an association professional, you’ll have to handle the practical aspects involved when a home or...
Risk Management

Help Member Enforce Restraining Order in Community

August 15, 2016    
Sadly, domestic violence incidents have become a regular presence on the news. And, chances are, a member in your community has experienced domestic violence, threats of violence, stalking, or harassment of some sort. As a manager, you have many roles; keeping residents safe is within your purview...
Q & A

Determining Proper Party to Be Liable for Common Area Accident

August 15, 2016    
Q: An elevator repair person injured himself while working on one of the elevators in the common area of the condo building I manage. He’s threatening to sue our board of managers, as well as the company that previously owned the building before it was recorded as a condominium, and 200...
Recent Court Rulings

Allegedly Fraudulent Condo Sales Didn't Excuse Assessment Nonpayment

August 15, 2016    
Facts: A condominium unit owner was obligated to pay a percentage of the condominium common area expenses. The condominium association sued the owner, seeking collection of unpaid condominium assessments. The owner claimed the association did not have the legal authority to require him to pay the...
Recent Court Rulings

Board Members Were Liable Under Section 1983 Claim

August 15, 2016    
Facts: A homeowner in a planned community sued an association and some of its board members, claiming that they violated her constitutional rights by prompting the police to harass her. Specifically, the homeowner claimed that the board members reported that her son was involved in something...