Articles

Association living has many perks, and it seems that around every corner there is a new development with condos, townhouses, or freestanding homes. But after the excitement of a new planned community or condominium building dies down, and you and your property management company have been hired to manage the association, members could begin to find construction defects. Because construction defect claims can be complex, time consuming, and expensive, they are one of the most difficult issues that you’ll face.

Managing a condominium building or planned community is undeniably challenging; balancing the needs of members, the board of directors, your own staff, and contractors or third-party vendors can be like a juggling routine. You might feel as though each day you’re interviewing for your own job. A great opportunity to both shine as a manager and execute one of the most important events of the year is the annual member meeting.

Q: The president of the board of directors for the association I manage complained that the board was threatening to exclude her from sessions because she had talked about confidential information to nonboard members and had stated that she would continue to do so. She asked me whether it was permissible for the board to do that. I’ve never encountered this problem in my association management career so far. Could the board ban a board member from attending meetings because of what it regards as inappropriate behavior?

Community Associations Institute (CAI) recommends education and training for the 2.35 million volunteer community association board and committee members nationwide.

Facts: A condominium owner sued the property manager of the building’s association, alleging violations of the Fair Housing Act (FHA) because the manager had attempted to enforce rules regarding the owner’s emotional support dog. Despite the association’s rule that no unit owner may appropriate the common elements for her own use, the owner had installed an underground invisible fence within the common elements of the condominium to dispense with the need to walk or constrain her emotional support dog while it was outside her home.

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

Q: An elevator repair person injured himself while working on one of the elevators in the common area of the condo building I manage. He’s threatening to sue our board of managers, as well as the company that previously owned the building before it was recorded as a condominium, and 200 individual unit owners. What are some factors that could determine which defendant is held liable for the accident?

A recent HOA ruling is putting voters on a level playing field. A San Diego Superior Court ruling has put things in perspective for a California community association, ruling in favor of the association by confirming that the board’s bylaws and covenants, conditions, restrictions, and reservations must be followed for current and future HOA elections.

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

A recent tragic accident at a Florida theme park has raised questions about the use of warning signs in communities where alligators are a known threat. The state’s gated communities often have golf courses, lakes, and ponds that attract alligators. Florida is one of many states that face dangerous wild animals as threats to residents, as other areas around the country are home to poisonous snakes, among other wildlife. Since the widely reported alligator attack, associations, including yours, might be asking whether they should post warning signs about dangerous animals.