Articles

Q: The board of directors of the association I manage has determined that we need to make extensive repairs in the community. Members were informed that this will be paid for through a special assessment. Now, one member is asserting that this isn’t valid because we didn’t announce it as required by our declaration. He’s refusing to pay, and other members are following suit. But the repairs are badly needed. Does it really matter how we announce special assessments and other charges if they are completely necessary?

Common area renovation projects can be a nuisance to members. And while most members are usually supportive and tolerant of those projects because they realize they help to make the community a better place to live, not everyone feels that way. Frustration can crop up if members find that they have to unexpectedly put up with noise and construction, especially if it’s near their units.

If there’s an elevator in your community, it’s important that your employees know the proper steps to take if it breaks down while passengers are in it. If the employees don’t take the proper steps and passengers get injured during the breakdown, the association could get sued.

Getting rid of bedbugs can be extremely difficult; they multiply quickly and can move easily from one location to another. Bedbug problems have been spreading in recent years, particularly in major cities like Boston and New York, sparking much concern among public health and housing officials. Bedbug issues were prominently featured on national and local news for many months at the height of outbreaks. It seems like the issue isn’t talked about as much anymore, but don’t be fooled into thinking that infestations have died down.

Facts: A corporation bought undeveloped land adjacent to two planned communities. The communities’ homeowners associations asserted that the company was required to allow members to continue using bike trails on the undeveloped land. The corporation argued that the associations had no claim to the bike trails and that members wouldn’t be allowed to use them. The associations sued the corporation, asking the trial court for a judgment in their favor without a trial. The trial court ruled against them, and they appealed.

Facts: A homeowner had leased her house in a community for 26 years until the association adopted an amendment to its restrictive covenants that prohibited the leasing of units by individual owners. However, the association reserved the right to lease vacant units to renters. The homeowner asked the association for a hardship exception because she was unable to live in her unit herself and needed the rental income it generated. The association denied the request.

Facts: A condominium was mostly residential, with two commercial units. One commercial unit was a parking garage owned by two brothers. A dispute arose over whether the condominium should install a backflow preventer valve in the garage. The New York City Department of Environmental Protection (DEP) ordered the condominium to install the valve in the garage, in accordance with plans DEP had approved. It announced that it would fine the condominium and possibly terminate water service to the building if the order wasn’t followed.

Facts: An association sued a member for possession of his unit after he refused to pay assessments and common expenses after being served with a demand notice by the association. At a hearing the member acknowledged that he owed the association money, but he disputed the amount of the debt. He asked the court to dismiss the case. The association asked the court for a judgment in its favor without a trial. The court ruled in favor of the association, and the member appealed.

The more than 65 million Americans who make their homes in condominiums and homeowners associations are overwhelmingly satisfied with their communities, according to a national survey conducted by Public Opinion Strategies for the Foundation for Community Association Research. Almost two-thirds of community association residents rate their overall association experience as positive, while 26 percent are neutral on the question. Only 10 percent express some level of dissatisfaction.

Misuse of social media by management staff and members of the community you manage can lead to liability for your company and bad publicity for the association. You don’t have to let social media run amok. A two-step plan can help you use social media in your favor: