Tool Category: Other Model Tools

Spell Out Appropriate Employee Response When Faced with Injuries

The following memo emphasizes the point that association employees should refer the victim of an accident, crime, or other incident to you and tells them what not to say to the victim in that event. Distribute the memo to your employees, and periodically remind them about it when you review community procedures with them.

Shield Association from Protected View Lawsuit

Adapt the five key details in this model view protection bylaw for your own. It can help make your terms enforceable when and if there is a dispute. Show this bylaw to your attorney before using it.

Take Proper Steps to Ban Smoking in Community

The following bylaw bans the smoking of cigarettes, cigars, and pipes in common areas and, if you choose to extend the ban in your community, within members’ units as well. The bylaw is effective because it makes members responsible for the smoking of their guests, provides for a fine to enforce the policy, and says…

Get Employee to Sign Release Before Disclosing Information

It’s much harder for employees to win defamation suits against their previous employers when they consent to the disclosure of information.

Get Employees’ Consent to Monitor Internet and Email Use

Having employees sign an agreement giving you the right to monitor their Internet and email use can help you get control over a growing problem for employers: decreased productivity due to non-work-related online activities during the workday. Consult your attorney about adapting this agreement for your community’s use.

Ensure Realistic Workload for Managers

You can adapt the following clause for the management contracts used by your management company. Its provisions effectively prevent manager burnout and help you retain good employees by setting limits on the number and duration of meetings a manager must attend. Show this clause to your attorney before adapting it for your own use.

Draft Association-Favorable Termination Clause

If you can’t write your own service contracts, your association should at least write its own termination clause to insert into the contractor’s form contract. Ask the association’s attorney about adapting this type of termination right to include in every signed service contract. This clause lets you get out of the contract on seven days’…

Ask Job Candidate to Certify Employment Application

Using a pre-employment statement to certify the accuracy of a prospective employee’s application can help protect the community association you manage from claims that it wasn’t careful enough during the hiring process. Before starting your pre-employment screening process, get the job applicant to sign this pre-employment statement that should be a part of, or attached…

Try Mediation Before Jumping to Arbitration for Dispute

Using the alternative dispute resolution (ADR) techniques of mediation and arbitration can help your association avoid costly litigation and the unpleasantness of going to court when there are association-related conflicts with a construction contractor. Ask your association’s attorney about adapting this language to draft a provision for contracts that can be used to require mediation…

Obligate Member to Take Care of Unit’s ‘High-Risk Components’

The following Model Amendment—which can amend either your association’s bylaws or declaration—sets a policy enabling the board to compel members to take proper care of “high-risk components” in their units. Check with your attorney before using this amendment in your community, to make sure that you’re complying with state law and your governing documents in…