Tool Category: Other Model Tools

Carefully Craft Mediation Provision

This model clause, drafted by New Jersey community association attorney Ronald L. Perl, can be used to require mediation before resorting to arbitration or litigation to solve an association-related conflict with a construction contractor. Show this clause to your attorney before using it in your contracts.

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…

Draft Inclusive Fining Bylaw

Your association most likely has a fining bylaw, but that bylaw is only as good as its enforceability. To ensure that it serves its purpose, ask your attorney about adapting the following bylaw for your governing documents.

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.

Don’t Let Uninsured Member’s Mistake Affect Other Units

Ask your association’s attorney about tailoring this clause so you can amend your governing documents if your community doesn’t have a “no-fault” provision. It requires an owner of a condo unit from which a problem originates to pay for all damages to his unit, other units, and the common elements caused by the incident.

Open Meeting Guidelines for Dealing with Unruly Members

The following bylaw was drafted with the help of Washington attorney James Strichartz. It provides for a member forum early in a meeting agenda and details the penalties prescribed to a member who continually disrupts meetings. Check with your attorney before adapting this model bylaw for use in your community.

Create Right to Collect Delinquent Assessments Directly from Tenants

Here’s a model bylaw that you can adapt and use to create the right for your association to collect rent directly from a delinquent member’s tenant. Check with your attorney before adapting this bylaw for use at your community.

Add Assignment of Rent Clause to Members’ Lease Agreements

Here is model language to add to a lease between a member and his tenant. You can add this language with a lease addendum. An addendum states additional terms, conditions, and rules that are incorporated into the lease between the tenant and the member. The following clause puts both the tenant and member on notice…

Set Limits on Manager Involvement

Use this language, which sets limits on the number and duration of meetings a manager must attend, in your management contracts to help combat manager burnout within your management company. Show this clause to your attorney before adapting it for your own use.

Post Rules for Your Playground

Here are Model Rules for your playground based on our experts’ recommendations. Talk to your insurance carrier and attorney about adapting them to post at your playground.