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9 Party Pitfalls You Need to Be Aware of Before Your Next Condo/HOA Social Event

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 “It’s a community party, what could go wrong? 

According to a recent AssociationHelpNow® livestream audience poll, 60% of participants said they get more compliments than complaints regarding social events they’ve held. However, managers, boards and committee members should be aware of some pitfalls these events present.

We asked a panel of professionals who work with community associations about some of the more common events, and what to watch out for. Here’s what came up: [Read more…] about 9 Party Pitfalls You Need to Be Aware of Before Your Next Condo/HOA Social Event

What You Can Expect from Your Building Inspection Report

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Raymond Dickey of AssociationHelpNow® interviews engineer Joseph Pompeo, PE SECB, F.SEI, F.ASCE from Structural Workshop, LLC.

What is an inspection report?

It addresses the structure and the building envelope — what condition is it in? What has to happen? Is there anything dangerous and what is it going to cost to maintain it going forward.

How often should an inspection report take place?

It really depends on the building — the age of the building and type of construction of the building. Meaning, the construction materials, and how the exterior walls are made. Also, the exposure, whether it’s coastal. So, we typically would like to do an initial investigation and report, then, as part of that report, we can give a timeline. So, a brand-new building with a modern curtain wall system that is not exposed to salt air or wind could probably go five to ten years. But an older concrete building that has spalling and damage and is on the coast, they might need it every six months, or a year.   [Read more…] about What You Can Expect from Your Building Inspection Report

Are You Burned Out?

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Managers — Learn How to Get Your Life Back!

The job of community manager is very demanding, requiring the ability to handle many varied tasks and situations simultaneously — all while keeping their communities running smoothly on a daily basis. A manager never knows what can or will come up on any given day — leaks, slip-and-falls, storms, arguing residents and board members — the list goes on and on. It’s also not a clear-cut, nine-to-five type job. Meetings are frequently held in the evenings or on weekends, and many can go on for hours. Managers are also typically on call for any after-hours emergencies that may occur. It’s no wonder that many managers report experiencing stress, and for some, it goes beyond that and becomes burnout.

What is burnout? According to Melissa Ann Russiano, LCSW, a licensed clinical social worker and coach who works with individuals in many different fields, it’s cumulative stress that eventually leads to burnout. 

Russiano noted that stress is something that we deal with on a daily, weekly or monthly basis. “Burnout is a result of accumulated stress to the point that it impacts you physically, mentally, emotionally and socially. It is an overwhelming heaviness on top of you. But it doesn’t qualify as depression, which is a mental health diagnosis, which is what I think a lot of people fear,” said Russiano. 

“The term burnout is something that’s used a lot right now, and there’s a big difference between the three terms, burnout, stress and depression. Is this stress? Is this burnout? Is this depression? That’s something I get in there and assess,” she said. [Read more…] about Are You Burned Out?

Do Your Pool Rules Violate the Fair Housing Act?

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In a perfect world, associations want to make all of their residents comfortable. To that end, it can be tempting when establishing a pool schedule to consider age- or gender-specific hours and/or considerations to reflect the demographics and comfort levels of residents. However, associations nationwide must be careful when adopting any age- or gender-specific hours or considerations or risk finding themselves in court. 

 

The importance, and meaning, of the Marie Curto, et al. v. A Country Place Condominium Association, Inc., et. al. case cannot be ignored or overlooked.  Ms. Curto and others, as plaintiffs, claimed that separate hours for men and women violated the United States Fair Housing Act (FHA). The association contended that a majority of the units were occupied by those practicing Orthodox Judaism, who strictly separate by gender during public swimming. The plaintiffs were assessed fines by their association each time they used the pool in discordance with the posted swim schedule and rules. However, the plaintiffs’ motion for damages was denied because, although the gender-specific swim times were separate, they were equal, and therefore not in violation of the FHA.

 

Attorney David J. Byrne from Ansell Grimm & Aaron, PC in Princeton, New Jersey explained what the FHA is and how it applies to association pool rules. [Read more…] about Do Your Pool Rules Violate the Fair Housing Act?

New and Transitioning Communities Beware: Developer/Builder/Sponsor Protection Under Community Association D&O Insurance

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How Can a Community Association DBS Transfer Risk? 

All Rights Reserved © Joel W. Meskin 2019

This article is in regard to developer/builder/sponsor (DBS) controlled boards and the importance of  coverage for the Wrongful acts of these DBS appointed board members while they’re on the board in their capacity of board members.  It is also imperative at such time when volunteer homeowner members take over control of the association that they determine the best strategy to protect both the appointed board members and the homeowner board members at the time of transition of control. The builder’s board members are excluded from the association’s D&O policies in terms of their roles or authorities as DBS. They are, however, covered in terms of their actions and authorities, activities in regard to association board membership (and acting within their fiduciary duty to the association). However, not all policies cover DBS members in the same way as past homeowner board members once they are no longer on the board.  [Read more…] about New and Transitioning Communities Beware: Developer/Builder/Sponsor Protection Under Community Association D&O Insurance

Got Flooding? What you Need to Know about Your Community’s Drainage Systems

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Proper drainage is an important part of every community. When drainage systems are not working properly, this can result in flooding which can lead to a number of other problems and can be very costly. According David Chesky, Executive Vice President of the Civil Engineering Division of Falcon Engineering with headquarters in Warren New Jersey, “poor drainage will lead to flooding, and if your retention ponds or detention basins aren’t maintained, it can also lead to flooding.”

In his experience, Chesky said that many instances related to poor drainage are a result of a lack of maintenance on stormwater systems where catch basins and pipes either failed or are filled with debris, preventing them from functioning as they should.

In addition, Chesky said that malfunctioning drainage systems will also cause flooding. “They’re all tied [Read more…] about Got Flooding? What you Need to Know about Your Community’s Drainage Systems

Did You Know… When you Pay for Water — You are Also Being Charged for Air?

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The cost of water has skyrocketed in many areas in the U.S. over the last few years. Additionally, increased pressure to reduce water consumption has come down on many from both private and government agencies. For many community, homeowner and condominium associations, water (and sewer since most are based on water usage) costs can be a major expense.  [Read more…] about Did You Know… When you Pay for Water — You are Also Being Charged for Air?

Association’s Insurance in Regard to Contractors

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Questions answered by Dawn M. Becker-Durnin, CIRMS

Why should an association care if their contractors have insurance?

Contractors who work on-site and off-site pose risk as far as property damage to association property as well as bodily injury to members and guests. Having an insurance policy would provide funds and defense of the association if the contractor’s work or employee caused such damages.

What does contractual risk transfer mean? [Read more…] about Association’s Insurance in Regard to Contractors

Attorneys, Engineers, Insurance Professionals — Know the Risks of Serving on Your Condo/HOA Board or a Committee

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If you hold a professional license, for example as a lawyer, architect, engineer, or insurance broker, is it a good idea to serve on your condominium or homeowner association board of directors? We spoke with Joel Meskin, Esq., CCAL, of McGowan Program Administrators, to find out what professionals need to know before doing so.

According to Meskin, when he has asked a licensed professional why they would like to sit on the board, their response is often “I need to make sure that my investment in my unit is being protected. Therefore, if I’m on the board and I’m close to those and part of those decisions, I can make sure they’re doing that.”

However, Meskin noted that serving on the board as a licensed professional can pose risks if that professional is using their expertise to make decisions on behalf of the board. [Read more…] about Attorneys, Engineers, Insurance Professionals — Know the Risks of Serving on Your Condo/HOA Board or a Committee

Should Your Association Sue for Construction Defects?

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By Sydney Shaw

Whether it’s a building full of leaky windows, a widespread mold problem or a constantly flooded parking lot, sometimes construction errors made by developers can result in issues for unit owners. A homeowner or condominium association will need to decide whether it might be worth pursuing a construction defect claim.

According to Elliotte Quinn, an attorney with The Steinberg Law Firm in Charleston, South Carolina, the first step in the process is awareness. A board must know an issue exists before it can act to have it repaired. [Read more…] about Should Your Association Sue for Construction Defects?