Articles

Use Bylaw, not Rule, to Ban Smoking in Community

As time goes on, even more information emerges about how dangerous smoking is not only for smokers, but also for those exposed to secondhand smoke. Secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer. Smoking is also a fire hazard, leading to possible property damage; cigarettes or cigars that haven’t been completely extinguished can spark flames.

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Explain to Board Why Environmental Initiative Is a Must

If you manage a condominium building that’s out of date environmentally, you should consider getting behind a green initiative. You could push for the building to become LEED certified. It’s possible to bring older condominiums up to date environmentally, but you’ll have to sell this idea to the board. Explaining LEED to them is important, but you’ll have to get up to speed on it first. Here’s what you need to know.

Learn about LEED

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Governing Documents Often Determine Rental Issue

In some communities, there can be controversy over short-term rentals, with some members being strongly in favor of rentals while others fight to keep the community limited only to unit owners. But the outcome of a fight like this will be largely dependent on the covenants and governing documents of the association. In a recent case, a court determined that short-term rentals violated the restrictive covenant.

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Pass Anti-Smoking Bylaw to Extinguish Related Risks in Community

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Minimize Risks Posed by Members Who Use Building Rooftop

Spring is here and with it will come warm weather that brings out homeowners and condominium owners to enjoy it. Especially in city areas, which tend to have many condominium buildings, there’s limited outdoor space, so members and their guests might try to create some recreational space on community rooftops—sunbathing, barbecuing, or just cooling off from their hot units. Unfortunately, allowing people on the roof of your condominium building can create problems for you and the association.

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Spring into Action After Community Experiences Crime

It’s important for members in your community to feel safe. After all, one of the draws of many associations is security. It’s common for communities to have security personnel or, at the least, take practical measures to mitigate crime like installing adequate lighting in common areas and gates at entrances that only members can open. Nevertheless, petty and serious crimes have been reported in planned communities and condominium buildings. This can shake the confidence of members.

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Member Can’t Prove Nonmembers Were Voting at Meetings

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Association Avoids Open Dialogue for ‘Open House’ Signage

An Arizona realtor has had to confront a homeowners association for disposing of his “open house” signs advertising properties he has listed for sale in the community. After discovering a worker from the association’s landscaping company driving away with the signs that had apparently been slated for the garbage, the realtor took video footage of their conversation during which the landscaper cited rules that the signs must comply with.

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Avoid Liability When Suspending Member’s Privileges

Association fees are an integral part of keeping a planned community or condominium building running smoothly. They’re key to paying bills for routine services and amenities and, in some communities, can contribute to additional bonuses for members, like social events. But when members don’t pay their association fees it can very negatively affect the community. Even if a few members don’t pay their assessments on time, an association can face serious financial problems.

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Don’t Force Signature for Board Pledge

Setting a code of conduct for board members who are campaigning and asking all board candidates to pledge to follow it may reduce negativity, but remember that you shouldn’t try to require candidates to sign it. An association board has no authority to impose requirements for board candidates other than being in good standing, such as agreeing to a set of campaign standards. If you try to force candidates to sign the pledge or you disqualify candidates who refuse to sign the pledge, you may leave the association vulnerable to a lawsuit and maybe even liability.