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Phone: 818-889-4426
Chris Johnson
Property
Management Consultant 12-15-04
Email us
INTERPRETATION OF THE GOVERNING DOCUMENTS, CREATING
AND IMPLEMENTING RULES, POLICIES, AND PROCEDURES
The majority of the many Associations that I’ve
managed simply continue to do things the way they have always been done, Members
of the Board assume that it must be correct. I’ve found that assumption to be
erroneous more often than not. It is a matter of correctly interpreting the
Association’s duties and responsibilities, which is not a simple matter for the
average volunteer with any background in matters of this nature. Often the
Association takes responsibility for maintenance that is rightfully the Owner’s,
correctly creating policies and procedures in this regard save money. If the
Association receives and comprehends the Reserve Study and sticks to the
recommended maintenance schedules therein, the maintenance is done to each
common component throughout the complex at the same time, which results in
dramatic savings.
Often custom documents are
required to deal with such issues as Owners effecting improvements to the common
areas. The changes might be for the betterment of the community but then who’s
responsible for the maintenance if the Owner neglects the change or sells the
property. There are methods of holding Owners accountable in perpetuity if
properly documented and the results benefit everyone.
The Board of Directors is empowered to implement
rules and regulations when necessary but there are guidelines that dictate the
enforceability of these additions or changes. A simple example is the rule that
mandates dogs have a leash on at all times when in the common area, this rule
has been abused by residents that put a leash on the pet and then let it run
free. Simply adding the word “held” eliminates this loophole, verbiage is very
important as is foresight and experience with those that tend to violate the
principles. In every Association there are residents that should not be living
in a place where there are rules and there is always a best way to deal with
such individuals. My experience will allow me to provide the best method of
wording rules so that they have no loopholes and apply to more than one specific
issue or future issues that are similar. Pets, parking, and maintaining the
appearance of the unit's exclusive use areas are all difficult to effectively
enforce unless you have found the best means of doing so. Noise and nuisance
residents are also tough to resolve unless the guidelines are very clear. I can
provide testimony of the effectiveness of methods of resolution from past Board
Members who will agree that my work provided desired results efficiently.
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