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...
Feature

Craft Detailed Records-Management Policy to Shield Association from Liability

July 15, 2016    
Record keeping is an essential part of running an association. Not only does the law require associations to keep certain types of records for specified periods of time, but records also can prove that the association acted as it was required to in certain situations, like making necessary repairs...
Dealing with Contractors

Ensure Right to Collect Legal Expenses from Contractor

July 15, 2016    
Resorting to litigation if a contractor violates your agreement with it is an unfortunate situation for many reasons. Lawsuits take up valuable time that the association could be using in a positive way to better the community. And a lawsuit might ultimately end up costing even more than the amount...
Risk Management

Keep Conference Call Meetings Efficient and Confidential

July 15, 2016    
If your community association has a hard time getting enough board members to attend monthly board meetings to form a quorum, consider meeting by telephone conference call. Meeting by conference call makes it easier for directors to attend, increasing the likelihood that they will. This is...
Recent Court Rulings

Association Had Authority to Fine Member for CC&R Violations

July 15, 2016    
Facts: A homeowner who violated the rules in an association’s governing documents was fined. He sued the association, claiming that it couldn’t lawfully impose fines on its members. He argued that: (1) only a government can impose fines; (2) the restrictive covenants do not authorize...
Recent Court Rulings

Association Didn't Have Right to Assess Litigation Costs Against Members

July 15, 2016    
Facts: Two condominium unit owners sued the association for claims associated with alleged mold contamination in their unit and common area. A trial court ruled in favor of the association. The association also asked the trial court to allow it to collect as an assessment against the owners the...