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Q: The association I manage prohibits the installation of HAM radio towers and antennae. I’ve read about the movement to allow members in planned communities to install this equipment despite these rules. Why—and when—could members be able to simply disregard the architectural rules and guidelines? Could this damage the association?

As an association manager, inevitably you’ll be faced with a member’s complaint about some aspect of his unit. And if there is a difference of opinion as to whose responsibility—the member’s or association’s—it is to repair a problem, it could lead to a dispute that eventually turns litigious. A key issue in such disputes is whether the party suing the association has “standing”—that is, the power to sue.

Facts: A condominium member owed nearly $8,000 in delinquencies and attorney’s fees. After he refused to pay, the association’s management company and attorney sued him on behalf of the association. A trial court ruled in favor of the association. The member appealed.

Decision: A Missouri appeals court upheld the trial court’s decision.

Facts: A condominium member fell and injured herself on ice and snow on the sidewalk outside of her building. She sued the association and management company for negligence. They asked the trial court for a judgment in their favor without a trial. They prevailed, and the member appealed.

Decision: An Illinois appeals court upheld the trial court’s decision.

Many members decide to buy into an association because much of the work that goes into typical homeownership is taken care of by the association manager and board, which can save time, effort, and money for members. Membership dues and assessments are used to keep up the community—from amenities to security measures to home improvements, like new roofs. So expect requests from time to time by members who want to know exactly where their money is going—and that it’s being used effectively and for what the association's budget states.

Preparing community association meeting minutes may seem like it’s just a matter of “taking notes.” But don’t be fooled into thinking that minutes are merely a record of what has happened at meetings. Meeting minutes are not only a way to refer back to decisions that affect the way you manage the community now, they could also have serious legal significance for the association later.

Internet access is now a must-have for most people, including the members in your community. But as ubiquitous as the Internet is these days, some communities still require members to arrange for and pay for Internet access in their own units. If your association has decided that it wants to provide wireless connectivity (Wi-Fi) to the entire community, you’ll have to find a way to pay for it, most likely by adding the cost to the monthly assessment.

If a member comes to the management office requesting an accessible parking space because he’s disabled, and you see no obvious signs of disability, like use of a mobility device, you might have to ask for the appropriate documentation to support the request, such as a government-issued license plate. But beware of members who ask for more than they need—for example, a member who asks you to reserve an entire section of the parking lot for his exclusive use, rather than one spot.

If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot. To prevent unwanted visitors’ access to the community, many associations restrict the use of parking spaces to members only.

When enforcing your community association’s house rules, you’ve probably heard members claim they weren’t aware that they were in violation because they never received a copy of the house rules in the first place. This could lead to a sticky situation if a member’s violation has damaged common areas or other members’ units, but the member claims that he’s not liable because, without a copy of the house rules, he had no way of knowing that his behavior was prohibited.