Articles

Unfortunately, since the presidential election, there have been several incidences of graffiti in community associations that have been featured on the news. The messages refer to some of the politically charged campaign sentiments. Besides being unsightly, graffiti leads to other problems. It annoys members, diminishes curb appeal, lowers the quality of life at your community, and invites additional crime. But a community that’s clean, well maintained, and free of graffiti sends the message that the association enforces its rules.

Finances are a huge consideration for community association boards and managers. It takes money—and sometimes lots of it—to keep a community or condominium building up to high standards and running smoothly. If you manage an association or serve on your association’s board of directors, you already know that almost everything you do depends to some degree on whether you have a budget that you can work with realistically.

Legal problems for associations have evolved along with technology that while helpful, can also hurt board members and managers. With the help of technology, you might be able to conduct business more efficiently, but you also need to understand that a lawsuit will potentially require handing over electronically stored information (ESI)—such as email, documents, voice messages, and digital images.

Q: A weather disaster has severely damaged many of the homes in the planned community I manage. The local government is determining whether the community should be demolished. Several board members want to do this, but homeowners are protesting. The board members are worried that if they take action, they’ll be held legally responsible. What are the chances of this, and are there any recent cases that address this issue?

The Coalition for Community Housing Policy in the Public Interests most recent national survey has uncovered higher dissatisfaction with associations from their members. A whopping 81 percent of community association residents cited a lack of transparency and poor communication as the top concerns among those who live in planned communities and condominiums.

Facts: A woman moved into a condominium with her mother, who was handicapped, to help with her daily activities. The woman asked the condominium association to provide an unobstructed path between the member’s front door and driveway.

The nature of condominium buildings—that is, units stacked on each other—means that occasionally an accident in one condo will affect the adjacent unit. Flooding is a common cause of damage to multiple units, and it can happen from appliances like dishwashers and washing machines that leak. So when an adjacent unit is affected by a leak in the original unit, who is responsible for fixing the damage? Does the association have a duty to get involved?

If you’ve been dealing with a member whose complaints or legal actions seem to be neverending, there could be good news for you: In some case, a settlement with the member precludes a subsequent lawsuit.

Many planned communities have children living in them, which brings into play safety and security issues. You might think that you’re creating rules that ensure children are safe, but if those rules include adult supervision requirements, you might be on the hook for discrimination. So, before making any child-oriented rules, ask the association’s attorney to give you some pointers. A California association learned the hard way that its rule for the community’s playground was discriminatory.

The nature of condominium buildings—that is, units stacked on each other—means that occasionally an accident in one condo will affect the adjacent unit. Flooding is a common cause of damage to multiple units, and it can happen from appliances like dishwashers and washing machines that leak. So when an adjacent unit is affected by a leak in the original unit, who is responsible for fixing the damage? Does the association have a duty to get involved?