Risk Management

ARC Blunders Lead to Association Liability

Architectural review committees play an important role for associations that strive to achieve consistent and pleasing aesthetics in their communities. But, as the saying goes, with great power comes great responsibility — and the irresponsible use of that power by an architectural committee can prove costly for its association. As a recent case out of…

Setting Your Compass, Part Two: Real-World Ethics for Association Managers

In the January 2020 issue of Community Management Association Insider, we talked to two property management professionals with decades of experience about how the numerous codes of conduct for association managers play out in the real world. They provided valuable insights on why ethics are so important in management and explored the first “bucket” of…

Save It or Shred It? Document Retention Tips for Managers and Associations

You’re not alone if you have hard time getting your clients to remember that community associations are businesses — and businesses need document retention plans. Yet many associations take an ad hoc approach (at best) to managing their paperwork. “This can become a problem because community associations are required to keep a great deal more…

Court Shields Manager from Class Action over Disclosure Docs Fee

A property management company in Chicago recently faced a class action lawsuit on behalf of community association members who were disgruntled about the fees charged for disclosure documents when selling their units. (Horist v. Sudler & Co.) The Seventh Circuit Court of Appeals shut down the lawsuit, providing managers some important protection. But, warns Blake…

Architectural Committees Must Tread Carefully

In most community associations, the architectural review or control committee is among the most powerful, if not the most powerful. “Architectural control is probably the last area in HOA land that allows some flexibility,” explains David Wilson, who heads up the South Carolina community association department at the law firm Black, Slaughter & Black, P.A.…

Associations Target Community Gun Control

Gun rights can trigger emotional responses on both sides of the issue, and the debate is becoming more common among community associations, as they aim to protect themselves. But even when a community is largely in agreement about the need to restrict firearm possession on the property, it might not have the power to do…

In the Crosshairs: Can — and Should — Your Clients Regulate Firearm Possession?

With gun violence making headlines almost daily in some parts of the country, responses among communities vary widely. “There are some associations where they’re open to owners having firearms for self-protection, but others don’t feel the same way and are more concerned about firearms in the community,” says Michael Kim of Michael C. Kim &…

Setting Your Compass, Part One: Real-World Ethics for Association Managers

Community association managers don’t have to look far for codes of ethics. CAI, CACI, IRIM, BOMA — all of these organizations have established codes. But how do they play out in the real world? We asked two property management professionals with decades of experience between them. Their insights, shared in this two-part article, provide valuable…

Know When to Hold ’Em: Document Retention for Community Associations and Their Managers

From governing documents and vendor contracts to communications with owners, community association boards of directors may feel like the constant deluge of paperwork is drowning them. “This can become a problem because community associations are required to keep a great deal more documents than any individual director is accustomed to in their personal lives,” says…

4 Ways to Recession-Proof Your Clients

No one can say for certain when the next recession will strike the U.S. economy, but one thing is certain — it’s going to happen. Yet, despite the hardships many community associations suffered in the last round, some remain just as vulnerable as they were then. It may be up to their managers to nudge…