Risk Management

Privacy issues have always been taken into consideration when it comes to issues like medical information, but it might not occur to community members that seemingly more casual items are protected from general knowledge. So community members who want to inspect the records of their association—for a variety of reasons, some legitimate and some improper—might not realize that these records aren’t automatically free game.

Pets can enrich the lives of their owners, and many associations understand this and do allow members to have pets. However, dealing with pets in condominium communities requires balancing the freedoms pet-owning members enjoy on their privately owned property with the rights neighboring members have to enjoy their property. Some communities avoid this balancing act by banning pets entirely; others impose strict pet size and quantity limitations on members.

Having the right kind of insurance and enough coverage under an insurance policy is key to operating an association. After all, insurance can protect the association from liability that might financially sink the community if costs for repairs, lawsuits, and accidents had to come out of pocket. But community association insurance is specialized. And not all insurance agents and brokers are really qualified to recommend insurance products, work with the association to determine its insurance needs, and keep up with changing insurance requirements as time goes on.

The safety and security of the community you manage should be a top priority. You’re faced with many challenges when trying to keep your community safe and secure. You can take care of many cut-and-dried problems on your own or with help from your staff, if you can get the association to approve your recommendations. For example, investing in certain types of landscaping can increase visibility at the property and reduce blind spots where intruders could commit crimes unnoticed. Or you could install a surveillance system in your parking lots or common areas.

It’s typical for the prospective new employer of one of your former employees to call for a reference. If the employee in question was a stellar part of your management team, it’s a no-brainer. A glowing report will most likely be appreciated by the former employee. But what should you do when you’re asked for a reference for someone who was not a good employee, or worse, was fired?

A recent tragic accident at a Florida theme park has raised questions about the use of warning signs in communities where alligators are a known threat. The state’s gated communities often have golf courses, lakes, and ponds that attract alligators. Florida is one of many states that face dangerous wild animals as threats to residents, as other areas around the country are home to poisonous snakes, among other wildlife. Since the widely reported alligator attack, associations, including yours, might be asking whether they should post warning signs about dangerous animals.

A well-funded reserve account is a clear indication of how prepared a community association is to deal with its long-range maintenance needs. Without a well-funded reserve account, most associations’ only option to pay for repair needs that arise is to impose a special assessment on their members. Unless your state law or governing documents specify how your community’s reserve is to be funded and managed, it’s up to the board to create a policy that will bind future boards, so that the community remains protected.

Sadly, domestic violence incidents have become a regular presence on the news. And, chances are, a member in your community has experienced domestic violence, threats of violence, stalking, or harassment of some sort. As a manager, you have many roles; keeping residents safe is within your purview. You might’ve taken all of the steps you think you need to protect community members: installing a security system or cameras of some sort, maintaining landscaping that makes it difficult for would-be assailants to hide, and enforcing a curfew in situations that called for one.

If your community association has a hard time getting enough board members to attend monthly board meetings to form a quorum, consider meeting by telephone conference call. Meeting by conference call makes it easier for directors to attend, increasing the likelihood that they will. This is especially true for vacation communities, whose board members often live far away from one another and are rarely all present at the community at the same time.

Unfortunately, sometimes annoying behavior by a member in your community can provoke a violent reaction from another member. Badly behaved pets, loud music, or acting inappropriately in common areas can lead to arguments that escalate. You and your staff should act quickly to avoid liability for violent disputes between members. If members take matters into their own hands because you did nothing and someone is injured, you could be held liable. A court might rule that your failure to intervene in the dispute created a dangerous condition.