Articles

Minimize Liability for Increased Use of High-Risk Areas in Community

Although in many parts of the country, planned community and condominium residents are battling snow and freezing temperatures, spring and summer—with warm weather and opportunities to get active—will be here soon enough. And some communities experience soaring heat year round, like those in association-prevalent states such as Florida. Many members invite guests into the community and host seasonal parties or activities in warm weather. You may even provide association-sponsored summer fun.

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Governing Documents Determined Lot Assessments

Facts: Lot owners in a planned residential community owned two adjacent lots. After several years, they combined both lots into a single lot. They followed state law to do so and properly recorded the change. When the association charged them for assessments for each of the two lots, which now were combined, the owners objected.

Articles

Determine Worker Status Ahead of Tax Season

Like any other business or organization, community associations must file taxes with the government. And tax liability is a huge issue that associations need to be aware of. Improper reporting can land the association in hot water and cost thousands in fines, penalties, and late fees. This is especially tricky when it comes to your employees. April—the month in which federal and state taxes must be filed—is around the corner.

Articles

Tread Lightly When Fielding Member Complaints About Employees

You may encounter a situation where a member of the community association you manage complains about a maintenance or other type of worker who’s left alone with the member. But what if it isn’t clear exactly what the employee may have done wrong? Sometimes, an interaction might be described in general terms as “creepy” or as having made the member feel “scared.” But if the member didn’t say anything specific that the worker did that was inappropriate and you’ve never had any complaints before, you should tread lightly.

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N.J. Condo Association Settles Disability Discrimination Claim

A New Jersey condo association representing residents of a 55-and-older condominium development recently agreed to pay $9,000 to resolve allegations that it refused to sell a condo to a man with disabilities and his wife because the couple planned to have their adult disabled daughter live with them.

HUD announced the settlement last month, before the government shutdown shuttered the agency. The wife, now a widow, is pursuing claims against the association in New Jersey state court. The association denies that it discriminated against the family.

Articles

Consider 16 Factors to Avoid Tax Liability for Worker Classification

Like any other business or organization, community associations must file taxes with the government. And tax liability is a huge issue that associations need to be aware of. Improper reporting can land the association in hot water and cost thousands in fines, penalties, and late fees. With the New Year just here, April—the month in which federal and state taxes must be filed—might seem far off. But properly doing necessary paperwork and consulting with the association’s accountant can take time. So planning ahead is key.

Articles

Avoid Ex-Employee Litigation with Methodical Termination Process

Managing an association involves day-to-day tasks that, while they should be done meticulously, are also not typically the impetus for lawsuits. Although you might be used to dealing with small issues that aren’t the subject of litigation, don’t be cavalier about bigger decisions, like how to let go of an employee who just isn’t working out.

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Vineyard Wasn’t a ‘Business’ Prohibited by Governing Documents

Facts: Two homeowners cultivated a vineyard on their land in a planned community for the purpose of making wine to be sold to the public. The association’s CC&Rs didn’t prohibit the cultivation of a vineyard for this purpose, but they did prohibit “any business or commercial activity.” Several other homeowners objected to the operation of what they considered to be a commercial vineyard in violation of the prohibition against any business or commercial activity.

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Landmark HOA Legislation Presents Compliance Challenges

Important new legislation is changing how California HOAs will operate starting in 2019. Assembly Bill 2912 began with its purpose “to take important steps to protect HOA members from fraudulent activity by those entrusted with the management of the association’s finances.” The bill, which passed both houses of the Legislature on unanimous votes, is sponsored by the Community Associations Institute and the California Association of Community Managers.

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Avoid ‘Negligent Hiring’ Claims by Vetting Job Candidates

Every person who works in your community—from maintenance employees to office staff—will interact with members and potentially have access to sensitive information, including financial documents. When employees are trustworthy, this exposure isn’t an issue. But it’s incredibly difficult to ensure that a new hire won’t turn out to be an opportunist who uses her position for an ulterior motive.