– J & N Realty, Inc.’s Condominium (condo) Managers:
1. Administrative Assistance
– Prepare and deliver notices as required by the Board of Directors or by the governing documents and develop participative communication practices within the Association and routine communications as required to efficiently manage the homeowner association or condominium property.
– Advise the Board of Directors in the governing process and practices of the Association and develop good communications and high levels of participation by the homeowner and condominium association’s residents.
– Exercise attentiveness to events occurring in the fields of taxes, law, insurance, etc. as they specifically pertain to condominium projects, and inform the Board of Directors of such developments.
– Recommend to the Board of Directors, as necessary, proposed changes to the governing documents to improve their effectiveness and the lifestyle of the condominium or homeowner association and the welfare of its residents.
2. Meeting Attendance
– Attend each regular meeting of the Board of Directors and the Membership and participate with the Board or Committees when and if required in the mutual need of the parties concerned and in any case where the potential welfare of the Association is involved.
– Attending meetings is a means to coordinate the intends of the parties and assure that our Condo Managers are fully aware of the condominium property association’s needs and can implement the policies of the Board into the daily operations of the property.
3. Technical Clarification & Assistance
– May receive valid technical or administrative advice from industry experts relative to the operation and maintenance of the condominium association; however, before implementation, they must receive approval of the Board of Directors and appropriate authorities.
– Have the knowledge and expertise to advise Boards regarding practically every aspect of the operation and management of a condominium property.
4. Monthly Manager Report
– Prepare Monthly Management Reports. Copies of the Condo Management Reports will be furnished to the members of the Board not less than four business days preceding each regularly scheduled Board meeting to provide sufficient time for review of its contents.
– The Monthly Management Reports will be prepared in such form as to be easy to comprehend and will be structured to identify efforts and costs expended for the operation and management of the condominium property association, accompanied with problems and actions required for the following month(s).
At a minimum, our Condominium Management Reports, when pertinent, contain the following:
1. Accomplishments of contractors and vendors
2. Summary of work performed
3. Inspection of property report
4. Problems areas
5. Recommended additional or corrective actions
6. Monthly income and expense reports and balance sheet
7. Delinquency report
8. Violations or alleged violation of the Association’s governing documents
9. Major security and safety incidents
The Monthly Management Report is a measurement of J & N Realty, Inc.’s effectivity and efficiency in the management of the condominium or homeowner property association. The items to be included in the Report will be determined by the characteristics of the particular condominium complex.
5. Legal Issues
– Do not engage in the unlicensed practice of law. However, they are qualified to render business judgments on operating and management issues of an association. Condo managers will advise Board of Directors when the Condominium Manager believes that legal counsel should be retained and will assist the Board in retaining qualified counsel.
– Recommend that a legal review, where appropriate, by an attorney knowledgeable in property, condominium, and homeowner association law, be considered for all legal issues, including but not limited to, major contracts, rules enforcement procedures, association rules, and governing documents.
– Advise that written rules be established and published to the membership and the publication and implementation of a consistent enforcement policy based on Federal, State and local statutes, the property’s CC&Rs, and the association’s articles of incorporation and bylaws. Condominium Managers make all reasonable effort to assure that the adopted policies are in full compliance with these documents.
Option to pay assessment over time
Some homeowner associations give their members the option to pay their share of a special assessment over time, rather than in one-lump sum. This can be especially helpful to members when the association is imposing a large special assessment. Before a homeowner association decides to offer its members the option to pay their share of a special assessment over time, it should consult an attorney to find out whether the governing documents permit it.
In most states, associations must pass a board resolution to impose a special assessment on its members. A resolution should include the amount of total assessment, tell members they can pay their share in lump sum, and set due date for such payments. It should also set a grace period for members who do not want to make a lump-sum payment, an interest rate that these members must pay, and penalties these members will incur if they default.
Announcing special assessment to members
From time to time, a community association may have to impose a special assessment on its members. Sometimes, members may balk at paying a special assessment, especially if they are on a fixed income. One way to prevent such a problem is to send a carefully worded letter to members announcing the special assessment. A letter should cover the following points as a minimum: tell the members that the board is imposing a special assessment and explains why it is necessary; cite an example of an unbudgeted expense that the board was able to pay without resorting to a special assessment; expresses the board’s regret for imposing the special assessment; explains payment options to making a lump-sum payment; warns member that they can be fined for late payment or nonpayment; and tell member whom to contact with any questions.
Some states require associations to hold special meeting of the board or members before imposing a special assessment. Consult with your attorney to find out what your state’s law says. It is also advisable to show the letter to your attorney before adapting if for use at your HOA.
Seller’s and buyer’s release and indemnification before providing resale disclosure packet
Many HOAs and condominium associations give a resale disclosure packet to prospective member when an existing member is in contract to sell his unit but has not yet closed the sale. These packages can contain items such as the governing rules, annual budget, and so on, depending on the HOA. Providing a packet can help both the manager and association avoid problems association with disappointed buyers. Despite the benefits of providing a resale disclosure packet, many attorneys advise their clients against doing this unless the HOA is located in a state that requires an association to disclose certain facts to prospective buyers.
The indemnification letter allows a condominium association to provide a resale disclosure packet to new member without rising liability. It gives you the permission of both the seller and buyer to provide a package; release the homeowners association form any liability for problems that anything in the packet might cause; and indemnifies the homeowners association against losses occurring as a result of anything in the packet. It is important that both the buyer and seller sign in before the HOA provides a resale disclosure packet.
Member’s Access to Ballots and Other Election Records
After an election, HOA members often ask to inspect the ballots and other election records, such as sign-in sheets, ballots, proxies, and tabulations. Usually, the people making these requests are candidates who were defeated in the election or people who voted for candidates who were defeated.
Although you must grant these requests for the most part, it is essential that you have control over the ballot-inspection process to minimize any time wasted by repetitive inspection requests of with an inspection that drags on for months.
A Ballot-Inspection Rules board resolution should be drafted to help you control condominium members’ access to ballots and other election records after the election is held. The Resolution should specify particular treatment for secret ballots; require all ballot-inspection requests to be made in writing; set limitation on how often condo members can make ballot-inspection requests; who has authority to inspect ballots; specify the time by which requests must be made after an election; and set the time, place, and scope limitations on inspections.
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