Articles

Despite some recent concerns over the safety of hot tubs, this amenity continues to be popular in many communities. The high temperatures that hot tub water can reach pose risks to some members, namely, pregnant women or people with high blood pressure. And hot tubs are unsafe for children both because of the heat and as drowning hazards. But that doesn’t mean that members whose health won’t be compromised by hot tubs can’t enjoy them.

Q: A unit owner at the condominium building I manage hasn’t paid assessments in several months. Under our governing documents, the association may revoke her right to use amenities like the pool, sports courts, and common areas. The member typically uses an elevator that’s located in a common area to access her unit, but there are other elevators that also lead to her unit and aren’t part of a common area that she’s restricted from using.

Four new Community Associations Institute (CAI) white papers report the findings of a year-long, comprehensive review that explored the future of community associations, professional community management, public policy trends, and external influences that could impact the nation’s almost 340,000 common-interest communities.

Facts: A partition wall separated from a common walkway a grouping of three parking spaces in the parking lot of a condominium building. This created an enclosed garage space separate and distinct from the other parking spaces within the common garage.

Two members who owned a unit in the building held an easement for the exclusive use of the parking spaces enclosed by the wall.

Facts: Homeowners in a planned community installed a lattice attached to the top of a fence in their backyard to provide additional privacy. The association sent the homeowners a violation notice demanding that they remove the lattice. The homeowners were advised by an association representative that they were not entitled to a hearing concerning the violation. They removed the lattice and installed a privacy screen that, according to the homeowners, was built in accordance with specifications given to them by the association representative.

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

The ability to control the appearance of homes and other improvements in a planned community is a selling point for homeowners who want to ensure that their neighborhood is nicely maintained and that unsightly decorations or design schemes are kept at bay. Typically, aesthetic requirements are found in the governing documents.

Many board members have other obligations outside of association life, such as jobs, families, and extracurricular activities. The volunteer nature of serving on the board sometimes means that corners are cut to save time. If decisions are made and carried out in a way that doesn’t short-shrift the community, a failure to precisely follow the declaration might stay under the radar. But could this undermine the board’s authority?

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

This spring, you and your association are probably planning summer events that will give members a chance to have fun in the community and get to know their neighbors. Organizing events can also be a team-building experience for your staff and create goodwill between management and residents. It’s not all fun and games, however. Community-building events, such as pool parties or cookouts, may feature food and drinks, including alcohol. If the association serves alcoholic beverages at an event, it creates the potential for liability if someone is injured or killed as a result.