Departments

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:

If for some reason you’re late sending a notice to a delinquent member, you may wonder whether you’ve missed the chance to collect or whether you should try to collect at all. A recent Pennsylvania case highlights why under some circumstances, lateness isn’t fatal.

There, a townhome owner in a planned community didn’t pay his annual assessments for seven years. The association sued him for the delinquent amount. A trial court ruled in favor of the association and awarded full payment of unpaid annual assessments plus attorney’s fees and costs.

While social media can be used to positively promote your management company and the associations it manages, there are also two inherent dangers in this type of communication. First, social media may be used improperly by your employees, leading to liability for the company. Second, the association’s members may use it as an outlet for complaints, leaving the board and manager to undo the damage—undesirable impressions of the community that negative comments have created.

Q: I’m a new board member on my community association’s board of directors, and I’m getting up to speed on association issues. There has been some discussion about whether it’s appropriate to borrow from our reserve account. What is a reserve account, and what are some guidelines for using its funds?

In a unanimous decision, California’s Supreme Court has ruled that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. In that case, units in a condominium project in San Francisco allegedly developed several defects including water infiltration, structural cracks, and overheating that made units virtually uninhabitable at times. The association sued the architects, alleging that these defects were caused by negligent design.

A Central Florida neighborhood has created a policy aimed at protecting homeowners from bears. The homeowners association voted for the unprecedented change in an attempt to try to prevent another bear attack after a resident was recently mauled. The attack is considered the worst bear attack in state history. Officials have maintained that bears can be kept out of neighborhoods by limiting their food supply—like open trash cans.

A more than two-year battle over an American flag display in a Jacksonville, Fla., homeowners association has led to more than $8,000 in fines and a lien on a member’s home in that community. A Florida veteran has been fighting with the association about what he asserts is his right to keep the flag in a flower pot in his front yard.