Articles

Facts: A resident rented a condo unit for three years from its owner, who was a member of the community’s homeowners association. She lived there with her minor daughter under a month-to-month tenancy. Allegedly, the resident was under medical supervision for post-traumatic stress disorder (PTSD).

Reducing the waste that a community association and its residents create is one of the most important aspects of responsible and sustainable property management.

Q: The maintenance staff for the community I manage handles nearly every aspect of taking care of the property including landscaping, ensuring there’s tight security, and even cleaning the pool. Recently, one of the elevators has been working improperly. Should I allow staff members to work on such a technical piece of equipment?

From time to time, a homeowner in the community you manage will want to install—or will install without permission—some item that isn’t allowable under the association’s declaration of restrictions. While this seems cut and dried because governing documents set out what can and can’t be done, it’s possible that things can get more complicated if other homeowners have been allowed leeway in the past.

By Carolyn Zezima, Esq.

By Carolyn Zezima

Although it sometimes seems like an on-site association manager is part of the community because she’s on the property continually, this is a job and, at some point, the manager or the management company will inevitably leave. The question that concerns owners and the board of directors at that point is whether the transition to a new manager and company will be smooth and productive.

A homeowners association in Las Vegas is facing not just a staggering jury verdict in favor of the family of a teenager who was injured by playground equipment in the community, but also questions from confused members, some of whom feel misled.

In 2015, a swing set crossbar in the community’s common area fell on the 15-year-old boy’s head, causing permanent brain damage that will worsen over time. Court records show the association did not have a maintenance and inspection plan on their playground equipment.

Q: A homeowner in the community I manage is suing the association. We’re concerned not only about the cost of litigation, but also that we might be on the hook for the homeowner’s attorney’s fees, not just our own. If the homeowner loses the case, what is the likelihood that we’ll have to pay for his costs, too?

Buying a home in a community association is a serious investment, so many homeowners and members live in their units for an extended period of time. Although it sometimes seems like an on-site association manager is part of the community because she’s on the property continually, this is a job and, at some point, the manager or the management company will inevitably leave. The question that concerns owners and the board of directors at that point is whether the transition to a new manager and company will be smooth and productive.