Ideally, association boards would act in the best interest of the community, fairly treating homeowners and ethically conducting business to further the interests of the community. Unfortunately, board members sometimes stray from the mission statement and purpose of the association, using the “power” of being on the board to stack the board with friends or members who will side with them when it comes time to vote on issues.

With the proliferation of social media, YouTube, and photo-sharing websites, it may seem like personal information is everywhere—and easy to get. But in an era of what some people call “oversharing,” association managers need to remember that members still are entitled to some measure of personal privacy. You could be faced at some point with a member’s request for a membership list. Prepare yourself for this request by having a plan for protecting the association when it divulges that information.

Facts: A homeowner made improvements to his community’s common area that weren’t approved by the association. The homeowner was fined. He later declared bankruptcy. The association filed a “proof of claim” against the homeowner. The homeowner objected to the claim. A California bankruptcy court ruled in favor of the homeowner after it determined that the association’s claim was time barred under the state’s statute of limitations for that type of claim. The association appealed.

Facts: Twenty-eight of the more than 1,000 units in a community were purchased by one homeowner. The homeowner leased the units to renters. The homeowner claimed that the renters were responsible for paying the monthly assessments for their respective units. For several years, monthly assessments weren’t submitted by the majority of the homeowner’s units. The monthly assessments were $35 when the homeowner purchased his units; they were increased to $45 and then $50 by the board of directors over the course of several years.

Inevitably, a community’s on-site manager—an employee of the association—or management company will part ways with the association at some point. If the manager has acted responsibly and fulfilled her duties during her tenure, a transition to new management might be easier than if your association manager is leaving on bad terms because of unprofessional or even illegal behavior.

Despite the improving economy, some communities are still facing increased costs associated with the abandoned and foreclosed homes left in disrepair during the economic downturn. They may be faced with the task of maintaining the still-abandoned properties at their own expense, tracking down the lenders that are failing to keep the properties up, or allowing the properties to become both unsightly and, in some instances, dangerous.

Facts: A condominium member replaced the carpeting in his unit with wood floors to alleviate his wife’s dust allergies, which worsened since she and the member had moved into the unit. The member didn’t ask the condo association for approval to replace the carpet. After the wood floors had been installed, the members who occupied the unit below complained to the association that they could hear constant noise from the unit above.

Facts: A condo association asked a trial court for a determination that it was the owner of 39 of 67 parking spots that were located between its condos and some townhouses that were part of a homeowners association. The condo association alleged that starting in 1985 and continuing through 2008, it believed that it held title to all 67 parking spaces, but discovered in 2009 that it did not, in fact, own title to the spaces.

Don’t try to influence your association’s election by stating that if a certain person is elected, you or your management company will cancel its contract. While it’s not illegal to seek to influence association elections, generally it’s inappropriate for community association managers, whether they’re on-site employees or representatives of a management company, to try to sway an election.

Most state laws require community associations to allow their members to vote by proxy when they can’t or don’t want to attend a meeting in person. For many, this is helpful because using proxies can allow absentee owners—including those who might reside out of state part of the year—to cast a vote that might otherwise have been lost. It can also help an association meeting reach a quorum so that business can proceed.