Property Manager Was Off the Hook for FHA Violation
There are many rewards for community association managers, who get to see satisfied members enjoying a lifestyle they’ve chosen by buying a home or condominium unit in a planned community. However, there are some risks, like when a member or other party sues an association manager for alleged wrongdoing. The outcome in a recent case where an association manager was accused of involvement in illegal discrimination should give some peace of mind to professional managers though. Here’s why:
Make the Transition to Online Voting for Board Elections
Much of the national conversation and controversy regarding the 2016 presidential election has centered on the integrity of the voting process. Speculation that voting results can be influenced by hacking has been in the media. And whether high-tech interference with the voting process is a reality or an unfounded fear, it’s still worth considering. So is it a good idea to use technology for board elections at your community? Most likely, issues like hacking aren’t even on a community association manager’s radar, but making the community run better certainly is.
Keep Grip on Meeting Where You Allow Members to Speak
To encourage member participation in community affairs, many boards permit association members to attend and speak at board meetings, even when the bylaws do not give the members that right. But if a member speaks too long, rambles off topic, or intentionally antagonizes the board or other members, he makes it hard for the meeting to be productive.
Collecting Rent from Delinquent Members’ Tenants
Q Some of the economically distressed members in the community I manage have decided to lease their homes to tenants to help cover their expenses. At the same time, the landlord-members seem to have made paying assessments a low priority and may have become delinquent. Can an association collect rent directly from a tenant to pay any delinquent assessments? If so, what is the best way to do this?
Adult Supervision Rule for Playground Was Discriminatory
Facts: A married couple who owned a home in a planned community sued the homeowners association and its property management company for housing discrimination, negligence, and unfair business practices. They alleged that the overly broad community rules requiring adult supervision effectively prohibited their children from playing outside in the common areas, apart from a small playground onsite at the complex.
Decision: A California trial court ruled in favor of the members.
Strategically Pursue Construction Defect Claims
Association living has many perks, and it seems that around every corner there is a new development with condos, townhouses, or freestanding homes. But after the excitement of a new planned community or condominium building dies down, and you and your property management company have been hired to manage the association, members could begin to find construction defects. Because construction defect claims can be complex, time consuming, and expensive, they are one of the most difficult issues that you’ll face.
Don’t Leave Annual Member Meeting Details for the Last Minute
Managing a condominium building or planned community is undeniably challenging; balancing the needs of members, the board of directors, your own staff, and contractors or third-party vendors can be like a juggling routine. You might feel as though each day you’re interviewing for your own job. A great opportunity to both shine as a manager and execute one of the most important events of the year is the annual member meeting.
Banning Outspoken Board Member from Executive Sessions
Q: The president of the board of directors for the association I manage complained that the board was threatening to exclude her from sessions because she had talked about confidential information to nonboard members and had stated that she would continue to do so. She asked me whether it was permissible for the board to do that. I’ve never encountered this problem in my association management career so far. Could the board ban a board member from attending meetings because of what it regards as inappropriate behavior?
HOA Advocate: Education Is Key to Board Members’ Success
Community Associations Institute (CAI) recommends education and training for the 2.35 million volunteer community association board and committee members nationwide.
Property Manager Wasn’t Personally Liable for Alleged FHA Violation
Facts: A condominium owner sued the property manager of the building’s association, alleging violations of the Fair Housing Act (FHA) because the manager had attempted to enforce rules regarding the owner’s emotional support dog. Despite the association’s rule that no unit owner may appropriate the common elements for her own use, the owner had installed an underground invisible fence within the common elements of the condominium to dispense with the need to walk or constrain her emotional support dog while it was outside her home.