Departments

If you’ve been dealing with a member whose complaints or legal actions seem to be neverending, there could be good news for you: In some case, a settlement with the member precludes a subsequent lawsuit.

Many planned communities have children living in them, which brings into play safety and security issues. You might think that you’re creating rules that ensure children are safe, but if those rules include adult supervision requirements, you might be on the hook for discrimination. So, before making any child-oriented rules, ask the association’s attorney to give you some pointers. A California association learned the hard way that its rule for the community’s playground was discriminatory.

The nature of condominium buildings—that is, units stacked on each other—means that occasionally an accident in one condo will affect the adjacent unit. Flooding is a common cause of damage to multiple units, and it can happen from appliances like dishwashers and washing machines that leak. So when an adjacent unit is affected by a leak in the original unit, who is responsible for fixing the damage? Does the association have a duty to get involved?

Q: One of my management staff members suspects that a homeowner in our planned community is manufacturing illegal drugs. I’m concerned about the implications of illegal drugs of any kind in our community, and that the association could somehow be in trouble for this activity. What can I do going forward to get a handle on this type of situation?

Facts: The owner of property in a planned community sued the homeowners association under Oregon’s timber trespass statute, after several trees were cut down and removed from his land without his permission. The association claimed that an adjacent golf club with an easement on the owner’s land had removed the trees. A trial court determined that the association was responsible, it ruled in favor of the owner, and it tripled the damages award that the association had to pay, which was allowed for violations of the statute.

A Florida homeowners association manager called police after discovering that the community’s bookkeeper allegedly used nearly $95,000 of the association’s money for personal expenses, including a diamond engagement ring and luxury handbags. The employee was arrested for larceny and fraud. The missing money was discovered after the association’s property manager reviewed the association’s credit card bills and saw charges for personal types of products and services.

A Miami condominium association is faced with a class-action lawsuit that claims that Sunshine State associations routinely overcharge consumers far more than the legally capped amount. The association member who initiated the lawsuit claimed that he was charged fees that violated the Florida Condominium Act, passed in 1990. The act prohibits more than $100 in fees “in connection with the sale, mortgage, lease, sublease, or other transfer of a unit.” Covered fees include registration, background checks, and move-in costs, among other costs.

No matter what industry you work in, finding and hiring good employees is difficult. While the economy has recovered, there are still many jobseekers who apply for jobs that they are unqualified for, just because they need employment. And a candidate who seemed like a good choice for your community might end up not having the experience or attitude that’s necessary to help manage an association.

Sometimes, to comply with the law, association boards must be restructured. If you find yourself in the position of having to deliver the news and help with the restructure, you could be faced with accusations by board members that you’re improperly trying to oust them for your own motives. For example, if you’ve had difficulty working with the current board members, they could assume that you’d like to replace them with members who will be more accommodating.

No matter what industry you work in, finding and hiring good employees is difficult. While the economy has recovered, there are still many jobseekers who apply for jobs that they are unqualified for, just because they need employment. And a candidate who seemed like a good choice for your community might end up not having the experience or attitude that’s necessary to help manage an association.