Associations, and people in general, have a tendency to take their trees for granted. They stand like fixtures in our communities, providing shade, beauty, wildlife havens and defending against soil erosion. But neglected trees can decay and cause a myriad of problems if not treated correctly and promptly. Trees can potentially become liabilities, insect incubators and just plain old eyesores if not properly taken care of.
A condominium receives a call from an owner who claims his roof is leaking. The association sends maintenance to the unit and the leak is fixed within 15 minutes. The owner argues that the association should pay for interior damage allegedly having resulted from this leak. Who is liable for the damage?
Boards of community associations are tasked with the onerous responsibility of running their communities, and ensuring all facets of doing so are given their necessary attention. But how can boards make sure they’re attending to everything they’re supposed to, and doing it properly? Boards are legally bound to exercise due diligence in their roles leading their associations, but what exactly is due diligence, and how can board members make sure they’re complying?
The transition process from declarant to homeowner control can be a stressful time for an association. However, having a better understanding of the overall process can help alleviate some of the stress and allow for a successful transition. There are responsibilities the board has and should be aware of so that the transition process can run more smoothly and effectively.
Whether done intentionally or unintentionally, the unauthorized practice of law can land a property manager in hot water. Not only could a manager’s job be on the line, but there are also legal issues associated with practicing law without a license. Therefore, rather than addressing legal matters on their own, managers should instead turn to counsel, said Denise Becker, Senior Vice President of Homestead Management Services, Inc. in Pine Brook and Hillsborough, New Jersey.