eAlerts

Summer is here and like many associations, yours might want to celebrate with and create goodwill among members. But before sponsoring an athletic event like a basketball game at your community, read your liability policy to see if athletic events are covered and speak to your insurance broker also. Why? Insurers often exclude injuries resulting from athletic events from an association’s liability coverage, which could leave the community open to liability for any injuries that occur during the game.

Safety for members and staff in a planned community or condominium is one of the most important items on a manager’s or management company’s agenda. Tight security provides a sense of safety so that members can enjoy day-to-day life in the community without worrying about being victimized. And staff members feel that they are working in a secure environment. Plus, preventing certain types of crimes, like graffiti, saves the association time and money on repairs.

At some point, it may become necessary or just desirable to change how a common area is used. Changes in the demographics of the members or the fact that an amenity isn't used often may facilitate a change. But don't expect all members to get on board with a new use. In some cases, it could be difficult when it comes time to vote on the issue. Whether a majority vote versus a unanimous vote is needed to implement the change is of key importance.

If community members are allowed to rent their units without any restrictions it can create a huge problem for other members, whose privacy and right to enjoy their homes might be affected. That's because some renters are inconsiderate; they don't have a vested interest in the community. And if your community is near the beach or an attraction like a ski resort, the so-called "peak" season could bring a large influx of renters.

With the proliferation of social media, YouTube, and photo-sharing websites, it may seem like personal information is everywhere—and easy to get. But in an era of what some people call “oversharing,” association managers need to remember that members still are entitled to some measure of personal privacy. You could be faced at some point with a member’s request for a membership list. Prepare yourself for this request by having a plan for protecting the association when it divulges that information.

The provisions in an association's governing documents help keep its community uniform, orderly, and safe, partly by setting requirements that members must meet when they wish to improve their property or make changes to their homes. Most associations have what is known as an architectural review committee that fields requests for changes and determines whether they should be allowed.

What should you do when your association's board doesn't act in the best interest of the community, fails to treat homeowners fairly, or doesn't conduct business ethically? A board member code of conduct can eliminate unprofessional behavior by providing for the removal of corrupt board members and including information that board members can use as a guide for acting in the best interests of the community again.

Although many elderly members in your community are capable of living independently, sooner or later you may have an elderly member who has trouble coping with day-to-day concerns, such as managing money or keeping his unit tidy. An elderly member who has trouble coping may neglect normal upkeep in his unit. Oversights can lead to property damage and safety concerns.

Don’t try to influence your association’s election by stating that if a certain person is elected, you or your management company will cancel its contract. While it’s not illegal to seek to influence association elections, generally it’s inappropriate for community association managers, whether they’re on-site employees or representatives of a management company, to try to sway an election.

Most state laws require community associations to allow their members to vote by proxy when they can’t or don’t want to attend a meeting in person. For many, this is helpful because using proxies can allow absentee owners—including those who might reside out of state part of the year—to cast a vote that might otherwise have been lost. It can also help an association meeting reach a quorum so that business can proceed.