Tag: Hiring & Staffing

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.

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.

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. This creates serious risks for you and the association.

Mold in any property can present multiple serious health issues. It has been a controversial issue at residential properties in particular, because it can cause serious health problems and be expensive to remediate. Mold prevention techniques and effective remediation of existing mold should be high on your list of maintenance and safety concerns. But perhaps the biggest concern for the community association is the issue of responsibility for mold-related problems.

With so many things in an association-run community depending on cash flow, one of a manager’s most important duties is to carefully watch costs. But there are so many other aspects of managing a community—such as hiring and training staff, keeping on top of maintenance, and fielding member requests and complaints—that you might be tempted to spend less time on keeping track of contractor costs.

By Carolyn Zezima, Esq.

By Carolyn Zezima

A large part of the day-to-day management of a community is providing service, in a friendly and polite manner that comports with a major point of living in an association—being part of a pleasant environment. You’ve probably trained your staff to make homeowners and their guests feel comfortable. So when there’s an accident or other incident in your community, they might have an instinct to comfort the victim. While employees should rush to find help, there are several missteps they can take that can create major liability for the association.

It’s important to make sure that your governing documents spell out exactly the expectations for members—especially when it comes to financial responsibilities. An association prevailed in a recent case in Pennsylvania because its covenants specified what owners were obligated to pay for. When a homeowner balked at this, the association was able to show that it was mandatory to pay certain fees.

Facts: A homeowners association alleged that a homeowner breached the covenant to pay assessments for common area maintenance and other services necessary to operate the community. He had unpaid dues totaling over $15,000. The homeowner contested the reasonableness of the charges. The association asked a trial court for a judgment in its favor without a trial.

Decision: A Pennsylvania trial court ruled in favor of the association.