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By Robert Meisner Picking a management company for a community or condominium association is one of the most important decisions that the board, in behalf of the membership, will make. Remember, the board still has a fiduciary duty to use good care and judgment in establishing effective management. Not all management companies are created equal…
By Robert Meisner As I have often told the participants in my seminars, collecting assessments is the lifeblood of the Association. First and foremost, the Association should have a written collection policy in conformity with its condominium documents which would outline when assessments will be deemed to be due, when various late charge notices will…
By Robert Meisner Over many years of representing community associations, I have been asked, on hundreds of occasions, why it is necessary for the association to vigorously pursue the enforcement of Bylaw Restrictions. The answer is not that difficult given the obligations of the Board of Directors under the Condominium Documents and the problems which I…
By Robert Meisner Frequently, the association will be called upon to determine whether or not a modification to the common elements, be it general or limited, should be approved by the board of directors. The condominium bylaws normally provide the standards under which the board should operate in approving the modifications. Generally speaking, the provision…
By Robert Meisner Many of you have already or are considering the purchase of a second home, presumably in a locale with pleasant year round temperatures. Buying a condominium or a second home in a location other than where you live as a primary residence can offer interesting challenges. There is always a tendency to…
By Robert Meisner Those of you who are members of a Board of Directors may appreciate the need to upgrade your condominium documents, but may also recognize the often quoted phrase made by certain members of your Board who do not wish to spend money to the effect that “if it ain’t broke, don’t fix…
By Robert Meisner and M. Katherine Michael I. Significant Advantages to Having Updated Governing Documents. The documents of a Condominium Project establish the Condominium Project from a legal (title) standpoint, and create the framework for the governance of the Condominium Project. A properly governed Condominium Project can significantly enhance Unit re-sale marketability and real estate…
A condominium association’s board of directors, which is responsible for administering the affairs of the association, is initially appointed by the developer until a certain number of units is sold. When the owners of the individual units (called “co-owners”) take control of the board, they may conduct financial and physical audits, and those audits may…
By Robert Meisner This firm is often asked how a condominium or homeowner association which has been in existence for 10-25 years should go about amending its documents and whether or not it is a good idea. In the case of a condominium, generally, if the documents were drafted prior to July 1, 1978, they…
By Robert Meisner As the population grows older and more people opt to live in condominiums, it is increasingly necessary for Community Associations to be aware of the applicable laws that apply in regard to disabled persons. There are many areas of the law that the Community Association should consider when responding to an accommodation request.…