Community Association Management Answer Book, 2009-2010 Edition

Sample Questions:

 

 

• How a board member can minimize the risk of being sued because of a conflict of interest and what to put in a conflict-of-interest waiver
• Three steps that boards and managers should take when putting smoking banks into effect to mitigate smoking-related disputes
• Complying with the Department of Homeland Security's "No-Match" regulations and four tips for reducing liability when receiving a No-Match letter
• What you need to know about the Virginia Graeme Baker Pool and Spa Safety Act, which affects swimming pool and spa suction outlet fittings and drain covers
• Adding a "booting" clause to your association's parking contract to minimize parking problems
• Developing a fair housing code of conduct for your maintenance staff
• Avoiding tax troubles when using independent contractors
• Conducting better credit checks on potential members, and complying with the Fair Credit Reporting Act
• Adding penalties to your collection policy to encourage members to pay their assessments on time
• Effectively screening a security company, and making sure your contract with the company includes certain specifications
• Taking the bite out of a bedbug infestation in your community
• Doing an effective reference check when hiring an insurance agent
• Managing an aging-in-place community
• Deciding whether you need to use mediation or arbitration to settle a dispute

Table of Contents

Chapter 1: Liability Issues

• Association Liable for Contractor-Employee Injuries
• Association Resumes Construction Defect Lawsuit
• Board Members Not Liable for False Statements
• Can't Fire Employee for Having HIV/AIDS
• Conflict of Interest' Waiver When Acting as Member's Agent, Broker
• Community Association Can Sue Parent Association
• Should Directors Get Compensation?

Chapter 2: Rules and Regulations

• Member Alterations When Board Doesn't Respond Within Certain Amount of Time
• Smoking Bans Permitted in Members' Units
• Imposing Rental Restrictions Through Declaration Amendments
• Amending Governing Documents
• Bankrupt Member Must Pay Overdue Fees
• Association Not Liable for Defamation
• Complying with Homeland Security's 'No-Match' Regulations
• New Federal Pool and Safety Act Tightens Rules on Pool Drains
• Member Entitled to Two Parking Spaces
• Booting Illegally Parked Cars
• Cable Law May Force Associations to Change Strategies
• Trial Necessary for Unpaid Assessment
• Select Members Can Use Attic Space Common Area

Chapter 3: Fair Housing

• Withdrawing Approval of Unit Sale After Buyer Requests Accommodation
• Inadequately Fulfilled Parking Space Requests
• Member Claims Harassment Due to Handicap
• Fair Housing Code of Conduct for Maintenance Staff
• Fitness Center's Rules Comply with Fair Housing Law
• Design and Construction Violations

Chapter 4: Contracts and Contractors

• Estimating Construction Costs
• Avoid Tax Troubles When Using 'Independent Contractors'
• Catering Company Can Sue Association, Not Individual Board Members
• Negotiating Four Key Terms of a Cable Contract
• Hiring a Mold Remediation Contractor
• Contractor's Insurance Should Protect Association and Manager
• Subcontractor Liable for Construction Defects
• Subcontractor's Settlement Agreement with Association Is Valid

Chapter 5: Money and Cash Flow

• Association Can File Claim Past the Deadline
• Lien Removed and Member Awarded Attorney's Fees
• Do Credit Checks the Right Way
• Member Can Keep Hot Tub
• Member Can't Recover Management Company Fees
• Member Liable for Common Fees
• Serving of Court Documents Impacts Foreclosure
• Plan to Deal with Increases in Unpaid Assessments

Chapter 6: Crime and Security

• Key Protections When Hiring Security Guard Company
• Take Photographs of Graffiti Before Removing It

Chapter 7: Maintenance and Repairs

• Developer Responsible for Mold Problem
• Association Responsible for Toxic Mold Leak
• Get Community Ready for Summer
• Renovations that Don't Require Board Approval
• Defining Limited Common Elements
• Take the Bite out of Bedbugs
• Effectively Managing Passenger-Filled Elevator Breakdowns
• Member Must Remove Perimeter Fence
• Regularly Test Sprinkler System to Minimize Property Damage

Chapter 8: Insurance and Risk Management

• Finding the Right Insurance Agent
• Check Insurance Policy Before Sponsoring Special Events
• Association Entitled to Insurance Coverage
• Federal Court Rules in Insurance Claim Case
• Challenges of Aging-in-Place Communities
• Reduce Risk of Fires
• Insurer Breaches Duty to Defend Association Officer
• Member Sues on Behalf of Guest
• Use Emergency Procedures Manual to Prepare for Disasters

Chapter 9: Mediation and Arbitration

• Mediation vs. Arbitration
• Prepare Your Association for Mediation
• Failure to Mediate Does Not Bar Attorneys' Fees and Costs
• Arbitration Not Required for Construction Dispute
• Court Grants Member's Request for Alternative Dispute Resolution

Chapter 10: Management Tips

• Rules for Employee Use of Internet, Email
• Exit Interviews Reduce Employee Turnover
• Complying with Federal Protections for Returning War Veterans
• Director Harassment and Legal Costs
• Foreclosures and Unpaid Assessments

Chapter 11: Technology

• Online Voting Streamlines Board Elections
• Privacy Policy Encourages Association Web Site Interaction
• Protect Association's Name and Reputation Online

Chapter 12: Zoning

• Association Can't Block Member's Building Permit
• Proposed Transportation Development Allowed
• Access Road Does Not Violate Declaration Covenants

Community Association Management Answer Book is the only single-volume work of its kind to provide so much reliable community association information and practical help in such easy-to-use form. There's nothing else like it in print.