Articles

It’s typical for the prospective new employer of one of your former employees to call for a reference. If the employee in question was a stellar part of your management team, it’s a no-brainer. A glowing report will most likely be appreciated by the former employee. But what should you do when you’re asked for a reference for someone who was not a good employee, or worse, was fired?

Q: One of my management staff members suspects that a homeowner in our planned community is manufacturing illegal drugs. I’m concerned about the implications of illegal drugs of any kind in our community, and that the association could somehow be in trouble for this activity. What can I do going forward to get a handle on this type of situation?

Facts: The owner of property in a planned community sued the homeowners association under Oregon’s timber trespass statute, after several trees were cut down and removed from his land without his permission. The association claimed that an adjacent golf club with an easement on the owner’s land had removed the trees. A trial court determined that the association was responsible, it ruled in favor of the owner, and it tripled the damages award that the association had to pay, which was allowed for violations of the statute.

A Florida homeowners association manager called police after discovering that the community’s bookkeeper allegedly used nearly $95,000 of the association’s money for personal expenses, including a diamond engagement ring and luxury handbags. The employee was arrested for larceny and fraud. The missing money was discovered after the association’s property manager reviewed the association’s credit card bills and saw charges for personal types of products and services.

A Miami condominium association is faced with a class-action lawsuit that claims that Sunshine State associations routinely overcharge consumers far more than the legally capped amount. The association member who initiated the lawsuit claimed that he was charged fees that violated the Florida Condominium Act, passed in 1990. The act prohibits more than $100 in fees “in connection with the sale, mortgage, lease, sublease, or other transfer of a unit.” Covered fees include registration, background checks, and move-in costs, among other costs.

No matter what industry you work in, finding and hiring good employees is difficult. While the economy has recovered, there are still many jobseekers who apply for jobs that they are unqualified for, just because they need employment. And a candidate who seemed like a good choice for your community might end up not having the experience or attitude that’s necessary to help manage an association.

Q: I want to ensure that everyone in the community I manage is safe from accidents. I’m thinking about recommending that the association create and enforce a rule that requires an adult to be present when children are playing in specific areas in the community, such as our playground. Is this a wise plan?

Sometimes, to comply with the law, association boards must be restructured. If you find yourself in the position of having to deliver the news and help with the restructure, you could be faced with accusations by board members that you’re improperly trying to oust them for your own motives. For example, if you’ve had difficulty working with the current board members, they could assume that you’d like to replace them with members who will be more accommodating.

No matter what industry you work in, finding and hiring good employees is difficult. While the economy has recovered, there are still many jobseekers who apply for jobs that they are unqualified for, just because they need employment. And a candidate who seemed like a good choice for your community might end up not having the experience or attitude that’s necessary to help manage an association.

Q: Unfortunately, since the presidential election, there have been several incidences of graffiti in our community, referring to some of the politically charged campaign messages. We’ve never had a problem with any kind of vandalism in the past. What steps should we take now?