One constant in condominium and homeowner association law is the issue of vendors and contractors. At the very least, associations are responsible for the upkeep, maintenance, and repair of the common elements. Often times, there may be pools, patios, and clubhouses that associations must manage as well. This means that there will be vendors, contractors, and suppliers. Most of the time, the relationship runs smoothly; but, every once in a while, there’s a hiccup. Sometimes, it’s more an explosion than a hiccup. In any case, how boards and property managers handle disputes with vendors can either spell long-term pain for the association or it can mean a relatively simple affair.
Many of our clients have asked our office about insurance responsibilities of the Association and individual owners. When a casualty occurs, the first step taken may be to check whether such act is covered. It is important to understand the requirements of your Association to make sure that the property is properly insured before a casualty occurs.
At some point, each of you may likely have received a letter and some paperwork from our office about the Statutory Agent. Just what is a Statutory Agent, and why does this paperwork need to be filed, anyway?
Whether it’s the loss of a job or the accumulation of too much debt, individuals continue to look to bankruptcy for an opportunity for a fresh start. What does that mean for the Association if an owner files for bankruptcy?
Until a few years ago, the answer to this question was generally no. While the Association could generally prevent smoking in the indoor common elements, the Association was generally powerless to attempt to prohibit smoking in outdoor common elements or within the units.
To self-manage or not to self-manage? Managing an Association is hard work. Some Associations successfully self-manage, but many underestimate the amount of work involved in doing so.
The phenomenon of “Warehousing” is very unfortunate for individual owners who genuinely need the type of help that an Association is unable to provide; and also unfortunate for the Association in dealing with such a delicate situation, especially when resources for assistance are not readily available. Warehousing is when a family member or friend of the occupant sends or allows the occupant to live in the Association rather than the proper assisted living facility or a nursing home.
Keeping coherent board meeting and annual meeting minutes is of the utmost importance for every association.