Featured Articles

From time to time, members of the association you manage may have financial trouble and get behind on their assessments or other amounts that are owed, such as costs for things like a storage area or parking. And that can be compounded when fees, fines, and interest are added due to delinquency. Sometimes, late payments aren’t because of financial hardship—a member may be upset about something in the community and feel that he’s “taking a stand” by not paying what he owes.

by Jim Slaughter, Esq.

There are more than 320,000 community associations in the United States, according to the Community Associations Institute. Think of all the membership, board, and committee meetings that take place! Since statutes and governing documents often require such meetings to follow certain rules, it’s important for managers and board members to know about parliamentary procedure, which, when used properly, can also serve to streamline meetings and make association life easier and more productive for everyone.

By Carolyn Zezima, Esq.

The popularity of community gardens has exploded in recent years to over 5,000 community gardens nationwide. Many associations see the benefits of having gardening programs for members and have started gardens in their common areas.

Every community association relies on its members to make monthly payments so that it can pay for the services and amenities its members expect. So when a community member doesn’t make his monthly payment of assessments, he harms the entire community. What can you do to cut assessment delinquencies? One strategy is to set a late fee policy (see “Enforce Late Fee Policy Consistently to Avoid Fair Housing Claims,” in this issue).

Like association board members, managers are entrusted to work within fiduciary guidelines, exercise sound business judgment, and consistently maintain the duty of care and loyalty they owe to the association. Managers who keep these responsibilities in mind are more likely to preempt member dissatisfaction and even liability.

If you manage a community association for long enough, you’ll inevitably encounter disgruntled members. Some of these cases may not amount to anything if the member’s issue can be resolved or if you simply acknowledge the member’s complaint even if it’s meritless. After all, it’s not uncommon for association members to misplace frustration over other issues onto the association.

By Donna DiMaggio Berger, Esq.

The winter holiday season gives associations the opportunity to make their communities look festive and create a sense of camaraderie among members. Getting into the holiday spirit can lead to legal liability, though, if decorations or activities violate the Fair Housing Act (FHA). Pay attention to these aspects of holiday decorating when planning displays and celebrations.

Although the recession has passed, members of your community may still be struggling or just getting back on their financial feet again. Some may be stretched to pay for basic association costs. So announcing a special assessment might be the last straw. And even members who can afford a special assessment won’t be happy to pay unless it’s absolutely necessary.

By Carol Johnson Perkins, Esq.

With the popularity of reality TV shows, hoarding is on everyone’s mind. Many of us collect or keep objects—perhaps more than we should—because they have sentimental value or we may “need them someday.” But compulsive hoarding is more than simply having too much clutter—it’s now recognized as a mental health disorder, under the new Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) adopted by the American Psychiatric Association (APA) earlier this year.