Articles

By Donna DiMaggio Berger, Esq.

Q: My association’s board and I have carefully planned for the future of the community I manage, but we’ve run into unexpected budgetary problems in the past despite that. It seems inevitable that it will happen again at some point. How can we effectively respond to unforeseen budgetary challenges in the future?

If a member violates a rule, you might be tempted to deem him a “member not in good standing,” and use that status to deny him certain privileges in the hopes that he’ll rectify the situation. But in order to do this, the association’s rules must provide for using good standing as a basis for revoking privileges.

Take advantage of interior landscaping to do more than just improve the aesthetic of your community’s common areas. Interior landscaping improves indoor air quality (IAQ) and can even lower your energy costs. Plants filter air by absorbing pollutants and they produce oxygen—which is especially helpful in sealed, energy-efficient buildings that have less exchange of fresh outdoor air for stale indoor air. Plants also maintain an appropriate humidity level, keeping it lower than the level at which it can cause mold and bacteria to grow. You can realize cost savings benefits, too.

Community Associations Institute (CAI) members from around the country met in Washington, D.C., recently to address critical community association issues with officials at the Federal Housing Administration (FHA), the Federal Housing Finance Agency (FHFA), the Federal Emergency Management Agency (FEMA), and key Congressional leaders.

Facts: An association sued a member for unpaid common expense assessments, among other fees and charges. The trial court ruled in the association’s favor and awarded damages that were more than what the member owed. After the association informed the court that the member didn’t owe as much, the court reduced the award to several thousand dollars less than the member’s debt. The new award didn’t include late fees the member owed.

Facts: A member noticed a window leak in her two-story penthouse unit. For several years after, the member reported that and other water leakage problems to the association’s board. The association eventually waterproofed the exterior masonry, which resolved the problem. But a dispute arose over the need to replace the unit’s wall of windows and over who should bear the cost of replacement.

With the holiday season approaching, you and your management staff may have talked about putting up themed displays or decorations, or hosting a community-wide holiday event to celebrate. But tread lightly when it comes to what types of displays or parties you should install or host—it could land you in trouble if members perceive that you’ve discriminated against any based on their religion.

It’s inevitable that over the years, you’ll have had some issues with association members who have made modifications to their homes without obtaining the necessary approval from the association. And as a result, you may also have been forced to handle concerns from suspicious members making calls to the management office to ask if particular neighbors have been granted approval by the architectural review committee for whatever project the neighbor happens to be working on. To resolve this, put association members on notice of approved projects in the community.

As Christmas approaches, many of your members will be setting up Christmas trees in their units. While a beautifully decorated tree can add to the holiday spirit and help create a fragrant indoor atmosphere, Christmas trees can also pose a serious fire hazard to members' condominiums as well as to your building. According to the U.S. Fire Administration, Christmas trees account for an average of 200 fires annually, resulting in six deaths, 25 injuries, and more than $6 million in property damage.