Articles

Member Knowingly Exceeded Construction Height Guidelines

Facts: An association's architectural committee is charged with reviewing plans for any improvement within the community to ensure that they comply with the governing documents and are in harmony with neighboring buildings. Once the plans are approved by the committee, actual construction of any improvements is required to comply strictly with the approved plans.

Articles

Roof Lease for Wireless Communication Equipment Ruled Invalid

Facts: A group of members sued the board and a wireless telephone company to invalidate a lease contract between them and to prevent the company from constructing and erecting cellular telephone antennas and related wireless communications equipment on the roof of the condominium.

Articles

How to Avoid Discriminating Against Families with Children

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Your community may set reasonable rules to protect the safety of your members' children and respect other members' right to enjoy their property. But your community must be careful that your rules do not unfairly single out children, or your association may be charged with discrimination based on familial status. The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status, which generally refers to minor children.

Articles

Reduce Condo Trash Collection Costs with a Recycling Program

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Communities that have successfully engaged members in recycling often find savings in their waste management costs. In San Diego, for example, the average cost of a trash pickup is $21.50 per Dumpster, while it costs only $10.50 to pick up a recycling Dumpster. If a condo community with 10 trash Dumpsters serviced three times a week replaced five of the trash Dumpsters with recycling Dumpsters, the waste disposal bill would decrease by $165 per week, which comes out to an annual savings of approximately $8,750.

Articles

Association Required to Show Management Company Mismanaged Funds

Facts: A management company sued an association for failing to pay management fees and reimbursements for property repairs. During the course of their relationship, the board began to suspect that the management company was accepting money for repairs that never occurred. The association terminated its contract with the company.

Articles

Management Company Not Deemed a Debt Collector

Facts: A member failed to pay his $200 monthly assessment because he felt the association was not properly handling his complaints involving water, rodent, and trash issues. The association's board of directors' secretary contacted the association manager and asked him to call the member to resolve the member's issues. The manager called the member while he was at work.

Articles

Condo Project Manager to Plead Guilty in Asbestos Case

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The project manager for a condo conversion project in Florida has agreed to plead guilty to a federal crime for helping cover up asbestos violations.

Articles

Require Contractors, Maintenance Staff to Follow New Lead Paint Rule

New Environmental Protection Agency (EPA) rules are set to take effect in April 2010. If you manage a condo building that was built before 1978 and has not been certified as lead-free, you should be aware of the new rules.

Articles

Association May Have to Count Member’s Votes

Facts: According to an association's bylaws, a member cannot stand for election for the board of directors at the annual meeting if the member is engaged in litigation, arbitration, or mediation against the association.

Articles

Association May Be Liable for Slip-and-Fall Injury

Facts: A member sued his condominium association, the management company, and a snow removal company for injuries sustained when he slipped on a recently plowed pathway to his garage. The association had hired the snow removal company to clear snow from the community's common areas. Included in the common areas was a driveway leading to the member's garage.