Topics

Carefully Check What Rights Power of Attorney Bestows on Nonmember

Managing an association can be challenging enough when members are the only parties who can engage in community business like voting, or exercise rights, such as inspecting books and records. Requests for architectural changes to units or homes can get sticky, and so can disputes between members. So imagine dealing with a nonmember who suddenly has a legal right to be involved in the association. You may ask how an outside person or entity can do this; after all, isn’t the point of the association that the community is private—operated and enjoyed by the board and members?

Review Governing Documents for Compliance with Solar Statutes

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar. And that’s one of the main draws of association life: living in a beautiful community.

Condo Member Has Power to Sue Over Building’s Common Elements

As an association manager, inevitably you’ll be faced with a member’s complaint about some aspect of his unit. And if there is a difference of opinion as to whose responsibility—the member’s or association’s—it is to repair a problem, it could lead to a dispute that eventually turns litigious. A key issue in such disputes is whether the party suing the association has “standing”—that is, the power to sue.

Record Accurate, Timely Meeting Minutes

Preparing community association meeting minutes may seem like it’s just a matter of “taking notes.” But don’t be fooled into thinking that minutes are merely a record of what has happened at meetings. Meeting minutes are not only a way to refer back to decisions that affect the way you manage the community now, they could also have serious legal significance for the association later.

Remind Members of Summer Safety Rules

If you’re like many association managers, you’ve been getting ready for a busy summer at the community you manage. Many members invite guests into the community and host seasonal parties or activities. There may even be association-sponsored summer fun. But it’s important during this time to keep the community operating smoothly by avoiding accidents and liability for the association during the months where there is extra usage of amenities.

Use Confidentiality and Indemnification Agreement When Divulging Membership List

With the proliferation of social media, YouTube, and photo-sharing websites, it may seem like personal information is everywhere—and easy to get. But in an era of what some people call “oversharing,” association managers need to remember that members still are entitled to some measure of personal privacy. You could be faced at some point with a member’s request for a membership list. Prepare yourself for this request by having a plan for protecting the association when it divulges that information.

Recognize Warning Signs, Get Help for Elderly Members

Although many elderly members in your community are capable of living independently, sooner or later you may have an elderly member who has trouble coping with day-to-day concerns, such as managing money or keeping his unit tidy. An elderly member who has trouble coping may neglect normal upkeep in his unit. Oversights can lead to property damage and safety concerns. For example, the member may eventually stop cleaning, let his bathtub overflow, or leave the gas range on—putting himself, other members, and your condominium building at risk.

Know Your Rights When Sued for Speaking Out

By Andrea Brescia

Set Guidelines for Solar Energy Installation

by Andrea Brescia

Distinguish Between Social Club, Association to Minimize Liability

For some members, part of the appeal of living in a planned community is the feeling that they are part of something bigger than themselves and having the opportunity to interact with other members. That’s why it should come as no surprise that the larger the community association, the more social clubs there are likely to be. A group of members can form a club for any number of reasons, from recreation to promoting philanthropic goals. These clubs can create a sense of community and greatly add to the quality of life of your members.