Articles

Offer Assessment Deferral Program to Financially Struggling Active-Duty Military Members

As more military personnel are being called to active duty, you may find that service members in your community are falling into financial hardship from decreased income, and they may be having difficulty receiving notification of pending litigation against them. The Servicemembers Civil Relief Act (SCRA) protects these persons called to active duty from debt collections, foreclosure, and eviction.

Articles

Don’t Use Members to Perform Reserve Study to Save Money

Some associations have tried to perform a reserve study using their members to save money. Not only may the members lack the engineering experience to accurately evaluate the property, but their judgment may not be objective. They may be reluctant to apply accurate assessments of the costs that must be set aside to perform long-term repairs, because members “know where they live.”

Articles

Refer to Federal Criteria When Handling Member’s Chinese Drywall Complaints

Federal agencies recently released a new set of criteria to help members and inspectors determine whether recent renovations or construction definitively has defective drywall. During the housing boom, it is estimated that more than 500 million pounds of possibly defective Chinese drywall was used throughout the country.

Articles

FCC Allows Bulk-Billing Agreements Between Associations and Cable Providers

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The Federal Communications Commission (FCC) recently affirmed the right of condominium associations to enter into exclusive marketing contracts and bulk-billing agreements with video service providers, but it also expressly reserved the right to change its mind down the road if circumstances warrant.

This FCC order was a follow-up to its original order banning exclusive contracts between condo buildings and cable companies as unfair competition. The FCC had sought comments in that original order about whether the prohibition should extend to bulk billing and marketing.

Articles

Use Declaration to Control Modifications to Units

When a member makes a modification either to the interior or exterior of his unit without notifying the board, it could harm your community. For example, low-quality or hasty and ill-advised construction can drive down property values, increase the premiums on your community's liability insurance, or even render important warranties void. And some types of work, such as a new roof deck, if not done right, can lead to injuries and increase your community's exposure to personal injury liability.

Articles

Follow “To Do” Checklist to Prepare Community for Winter

With the summer months coming to a close, it's time to start thinking about preparing your community for winter. Although winter weather may seem like it's a long way off, you'll need to take steps in the fall to get ready for harsh weather or other winter challenges, depending on where your community is located. Because there's always a lot to do during the fall, it's a good idea to have an annual checklist of maintenance tasks that you can refer to to “winterize” your community.

Articles

Preventing Wheelchair Damage to Three Common Area Spots

Q Several community members, and, occasionally some guests, use wheelchairs. Because of the size and design of some of the common areas, the walls have been dented, paint has been scratched on the walls and doors, and corners and doorways have been nicked. There has also been damage to carpets and wood floors from wheelchairs. It has been expensive to repair wall and floor damage caused by those wheelchairs to the common areas. What can I do to prevent this damage?

Articles

Document Slip-and-Fall Hazards

If anyone reports a slip-and-fall injury at your community, take pictures of the hazard on which the person claims to have slipped. Do it right away—as soon as you hear about the incident—just in case the person sues you later. Photographs may help you prove in court that there was no hazard or that it was not as bad as claimed. And even if no one exaggerated or lied, you can show the pictures to your attorney, who can advise you on whether to settle the case.

Articles

Member’s Hobbies Must Be of “Reasonable” Scope

Facts: An association made a series of complaints against a member because he violated multiple provisions of the association's declaration. Specifically, the violations included the member's storage of logs and trees on his property for commercial use, running a dog breeding business on his property, and maintaining a compost pile that emitted a putrid odor. After the member refused to remedy the violations, the association sued him in district court. The district court ruled in favor of the association, and the member appealed.

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Don’t Forget to Ban Violent Behavior in Employee Handbook

Include in your employee handbook a ban against violent behavior by employees, to head off problems and put your employees on notice that this behavior won't be tolerated and that there will be serious consequences. Tell employees what's unacceptable, and draw a clear line that they may not cross without being fired. Include horseplay as part of prohibited conduct; it's employees' most common defense for unacceptable behavior.