Record Accurate, Timely Meeting Minutes
Preparing community association meeting minutes may seem like it’s just a matter of “taking notes.” But don’t be fooled into thinking that minutes are merely a record of what has happened at meetings. Meeting minutes are not only a way to refer back to decisions that affect the way you manage the community now, they could also have serious legal significance for the association later.
Use Authority to Add Community-Wide Amenity
Internet access is now a must-have for most people, including the members in your community. But as ubiquitous as the Internet is these days, some communities still require members to arrange for and pay for Internet access in their own units. If your association has decided that it wants to provide wireless connectivity (Wi-Fi) to the entire community, you’ll have to find a way to pay for it, most likely by adding the cost to the monthly assessment.
Don’t Grant ‘Unreasonable’ Accommodation Requests
If a member comes to the management office requesting an accessible parking space because he’s disabled, and you see no obvious signs of disability, like use of a mobility device, you might have to ask for the appropriate documentation to support the request, such as a government-issued license plate. But beware of members who ask for more than they need—for example, a member who asks you to reserve an entire section of the parking lot for his exclusive use, rather than one spot.
Don’t Let Member Rent Out Parking Spot
If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot. To prevent unwanted visitors’ access to the community, many associations restrict the use of parking spaces to members only.
Require Signature When Distributing House Rules
When enforcing your community association’s house rules, you’ve probably heard members claim they weren’t aware that they were in violation because they never received a copy of the house rules in the first place. This could lead to a sticky situation if a member’s violation has damaged common areas or other members’ units, but the member claims that he’s not liable because, without a copy of the house rules, he had no way of knowing that his behavior was prohibited.
Manager Prevailed in Defamation, Negligence Case
Facts: Several members in a condo association posted flyers in common areas, claiming that the property manager was stealing and mismanaging association funds.
The manager sued the members for defamation. The members asked a trial court to dismiss her claims. The trial court denied the request. The members appealed.
Decision: A Texas appeals court affirmed in part and reversed in part.
Association Wasn’t ‘Debt Collector’ for Member’s Late Fees
Facts: A condominium member signed a rent-to-own contract. The purpose of the contract was for the renter to eventually own the unit. The member asserted that the renter was entirely responsible for paying condo assessments and fees. Under the governing documents, a member with a rent-to-own contract was, in fact, a “co-owner” with the renter and, therefore, jointly and severally liable for costs.
Include 10 Essential Elements in Criminal Incident Report
Safety for members and staff in a planned community or condominium is one of the most important items on a manager’s or management company’s agenda. Tight security provides a sense of safety so that members can enjoy day-to-day life in the community without worrying about being victimized. And staff members feel that they are working in a secure environment. Plus, preventing certain types of crimes, like graffiti, saves the association time and money on repairs.
Does a Change in Use of Common Property Require Unanimous Vote?
At some point, it may become necessary or just desirable to change how a common area is used. Changes in the demographics of the members or the fact that an amenity isn't used often may facilitate a change. But don't expect all members to get on board with a new use. In some cases, it could be difficult when it comes time to vote on the issue. Whether a majority vote versus a unanimous vote is needed to implement the change is of key importance.
Limit Premises Liability with Comprehensive Criminal Incident Report
Safety for members and staff in a planned community or condominium is one of the most important items on a manager’s or management company’s agenda. Tight security provides a sense of safety so that members can enjoy day-to-day life in the community without worrying about being victimized. And staff members feel that they are working in a secure environment. Plus, preventing certain types of crimes, like graffiti, saves the association time and money on repairs.