Articles

Q: As a member of my community association, I’d like to organize a neighborhood watch program to help prevent crime in the community. I’m concerned that the association might be held liable if something goes wrong as a result. Is a neighborhood watch program a good idea?

A: With the Trayvon Martin murder case underway in a Sanford, Fla., circuit court, the controversy surrounding so-called neighborhood watch programs in planned communities continues.

You know that organization is one of the keys to association management success, especially if you’re in charge of a larger community or one with many members. If you did an annual spring cleaning this year, you might also have realized that you need to cut down on clutter in your office, which might include boxes of association records—which can get sizable if they include accounting records, membership lists, meeting minutes, and other important papers—that the association has accumulated over the years. So, what should an association do with old records?

As summer begins and temperatures rise, members and their guests may be tempted to go up on the roof and sunbathe, barbecue, or just cool off from their hot units. Unfortunately, allowing people on the roof of your condominium building can create problems for you and the association. For example, if a member or guest gets seriously injured or causes costly property damage, a court may rule that you’re liable for the injuries or damage because you let members and guests use the roof. How can you avoid this risk? Consider banning members from using the building in this way.

The Community Associations Institute (CAI) continues to fight for Federal Emergency Management Agency (FEMA) disaster relief equality. Since the beginning of the year, CAI, the organization that provides information and education to community associations and the professionals who support them, has stepped up its efforts to secure access to federal disaster relief funds for community associations across the U.S.

Facts: After an association denied two owners’ request to install a new asphalt roof on their home using materials not authorized by the “2006 Roof Specifications” portion of the bylaws of the association, the owners sued the association and 16 individual homeowners in the community. A trial court dismissed the claims against the individual homeowners. The association asked the court for a judgment in its favor without a trial, which was granted.

Facts: An association sued two of its members to collect outstanding assessment dues and charges required from property owners in the community to maintain the neighborhood, pay for a private police force, and pay management fees. The members hadn’t paid dues for nearly four years.

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. But if a board decides to go ahead and impose a smoking ban, is simply enacting a new community rule enough?

If your association doesn’t have a dedicated space for meetings, you should find and reserve a space at least three months in advance. It’s important to find an appropriate meeting room—rooms that are too large or small, hot, cold, or noisy can affect participation. Appoint someone to make all the necessary arrangements, such as accumulating and testing the necessary equipment—for example, the lectern, microphone, overhead projector, or computer Internet connections and display.

Several bills being considered by the Texas Legislature this session are posing the question of whether the rights of one individual homeowner should trump the rights of all owners in an HOA. The bills would affect the powers and duties of Texas homeowners associations—some having to do with merely cosmetic issues, such as prohibiting associations from banning flags in front yards, and some substantial, such as giving HOAs more powers of accelerated foreclosure.

Technological advancements have made it easier than ever for association boards to get messages quickly and effectively to members, and for members to communicate with each other. Email and even an association blog or online newsletter could help you as a manager to keep your community operating efficiently and remind members that you’re actively involved and ready to help. But some forms of this communication involve obtaining and using members’ personal information.