eAlerts

Proper and timely maintenance of every feature in a planned community or condominium is key to keeping things running smoothly. But members will inevitably have a wide range of attitudes toward their own maintenance obligations. On one end of the spectrum will be members who understand that, depending on the governing documents, they have maintenance obligations that are not the responsibility of the association. On the other end, you’ll encounter members who either don’t understand their obligations or don’t take them seriously.

Q: The board of the association I manage is trying to reduce costs for operating the community. One way to do this would be to drop an insurance policy for specific risks, like flooding. What is the risk for the association of not providing this type of insurance?

A New York community association is facing a discrimination lawsuit brought in federal court by Jewish members of the community who say that the association is hostile to their religious practices. According to the members, the association has adopted rules that are “expressly designed to harass Hasidic Jews.”

Reducing the waste that a community association and its residents create is one of the most important aspects of responsible and sustainable property management.

Q: The maintenance staff for the community I manage handles nearly every aspect of taking care of the property including landscaping, ensuring there’s tight security, and even cleaning the pool. Recently, one of the elevators has been working improperly. Should I allow staff members to work on such a technical piece of equipment?

From time to time, a homeowner in the community you manage will want to install—or will install without permission—some item that isn’t allowable under the association’s declaration of restrictions. While this seems cut and dried because governing documents set out what can and can’t be done, it’s possible that things can get more complicated if other homeowners have been allowed leeway in the past.

Although it sometimes seems like an on-site association manager is part of the community because she’s on the property continually, this is a job and, at some point, the manager or the management company will inevitably leave. The question that concerns owners and the board of directors at that point is whether the transition to a new manager and company will be smooth and productive.

A homeowners association in Las Vegas is facing not just a staggering jury verdict in favor of the family of a teenager who was injured by playground equipment in the community, but also questions from confused members, some of whom feel misled.

In 2015, a swing set crossbar in the community’s common area fell on the 15-year-old boy’s head, causing permanent brain damage that will worsen over time. Court records show the association did not have a maintenance and inspection plan on their playground equipment.

Q: A homeowner in the community I manage is suing the association. We’re concerned not only about the cost of litigation, but also that we might be on the hook for the homeowner’s attorney’s fees, not just our own. If the homeowner loses the case, what is the likelihood that we’ll have to pay for his costs, too?

If your association is looking for new and creative ways to generate more revenue, can it lease underappreciated common area space to a commercial tenant as a way to add convenience to your members and income for your association? With the rise of mixed-use spaces, the convenience—and financial benefit—of having a popular bakery or a national bank locked in for a 10-year, income-generating lease may seem like an attractive option for a common area that’s going largely unused in your community.