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.
As winter comes to an end, associations are beginning to prepare for the warm weather spring and summer will bring. One item on everyone’s preparation list is ensuring the community’s outdoor areas are in tip top shape. We spoke to Aaron Kurdyla, Director of Operations for High Tech Landscapes, who took us through the process.
It’s one of everyone’s favorite places in the community – the clubhouse. It’s used by the association for residents to enjoy an afternoon mah-jongg game, cards, community-organized special events and more. These spaces are usually bright and airy, spacious, well-decorated and set up to host events large and small. For this reason, some associations decide to rent their clubhouses out for weddings and other private functions. However, associations need to be aware of the potential liability exposure opened up by doing this. We spoke with Robert Travis of Community Association Underwriters of America (CAU) in Newtown, Pennsylvania, who explained that liability issues are complex when a community clubhouse is rented out to a resident or third-party. He gave us some tips to prevent clubhouse rental engagements from ending on a sour note.
When a homeowner decides to serve his or her association as a member of the board, that person has a fiduciary duty to act in the best interest of the community. So, what exactly does a board’s fiduciary duty entail? According to Attorney Stacey Patterson of Ansell Grimm & Aaron, PC, with offices in White Plains New York, Woodland Park New Jersey and Princeton, New Jersey, “fiduciary duty is the responsibility of the board members to ensure sound and proper operation and control of its community and to act in its best interest.”