Topics
Set Sports Court Rules to Minimize Association Liability
Sports courts, such as basketball, volleyball, and tennis courts, are a great amenity for a community. But they can also lead to problems—for example, members arguing over how much time should be allotted on a court—or serious injuries. Creating a set of rules that govern the use of sports courts is a smart way to avoid liability for injuries and to head off member disputes.
Check Pool Lifeguard’s Qualifications
Many associations hire lifeguards to reduce the likelihood of accidents at the community pool. But if you hire an unqualified lifeguard, you could increase your liability for accidents. Your association can be held legally responsible if the lifeguard you hire lacks the proper training and somebody drowns or gets hurt in the community’s pool because of the lifeguard’s incompetence.
Set Rules for Postings on Community Bulletin Board
Even in the age of Facebook and other social media, many communities still feature bulletin boards in their lobbies or common areas. Since not every member will be tech savvy or want to go online to check the association’s Web site, a bulletin board can be an effective way for an association to inform members about upcoming events and renovations, and other noteworthy information. A bulletin board can also be a good way for members to share information or ask for help. But letting members post on bulletin boards can cause problems.
Generating Income with Storage Space Rentals
At some point, you may have considered providing storage rooms or lockers for members. It can work in your favor in two ways because it gives members a great amenity, especially those who are living in smaller units, while providing an opportunity to generate income for the association—if you charge a fee. Using common space storage to generate income also shows members that the association is being proactive in investigating any and all means to generate income without having to unnecessarily raise common charges or impose assessments on its members.
Get Police Assessment to Cut Liability, Keep Community Safe
Keeping your community safe should be a priority for every association manager. Some communities have funds to spare for consulting fees from outside companies that will evaluate just how secure their properties are. But this can cost thousands of dollars and you may end up feeling pressured to buy expensive security equipment that you might not even need. Is there a way to get an objective assessment? Yes, if you’re open to asking local police to come to your community to assess its safety and give recommendations that will improve your current security strategy.
Collect Damages if Contractor Delays Completion of Work
When you hire outside contractors to make repairs in your community, how do you know they’ll finish when they say they will? The stakes are high. After all, delays cause not only financial problems, but also impact the quality of life of your members. For instance, a delay in repairs that involve a security gate or fence can create risks that end up being catastrophic. How can you prevent contractor delays? Get the right in your contract to penalize the contractor when work isn’t completed on time.
Take Immediate Action After Member’s Discrimination Claim
Fair housing claims often stem from adverse actions taken against members for violating community policies or rules. A member may claim that the rules are being selectively enforced against him because of his race or other characteristic protected under the federal Fair Housing Act (FHA). The FHA prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status (that is, families with children), or disability.
Top 10 Dos & Don’ts for Reducing Risks
Anticipating risks and then coming up with reasonable, cost-effective, and practical ways to reduce them is a large part of being an effective association manager. Because you and your staff are at the community day-in and day-out working on everything from dealing with the board to making sure that landscaping projects are going well to responding to members’ complaints or questions, you’re in the unique position of seeing potential problems before they arise.
Check Documents, Applicable Law for Plumbing Responsibility
The case law issued in recent years by U.S. federal and state courts was replete with lessons for community associations and their managers alike. A major theme that has emerged is the repair and maintenance of both common areas and members’ units. Sometimes, like in the following case, the dispute revolves around who owns an area (and therefore, who is responsible for its upkeep): the member or the association.
Set Rule Barring Members, Guests from Condo Roofs
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.