Planned Unit Developments

– Our Condominium and planned unit development managers will be there for you not only to maintaining your property but also to adding value, saving money, and improving the efficiency of the operations of the property. Property, HOA, and Condo managers will be making recommendations concerning green initiatives, retrofitting, and investing in smart building technologies. J & N Realty, Inc.’s staff have a clear understanding of what it takes to manage a property from capital expenditures to utility conservation and to repair, maintenance, and supply costs. Townhouse managers also engage in proactive preventive maintenance to extend the useful life of common elements, reduce inconvenience to residents, and to reduce expenses. Strategic planning provides a basis for evaluating performance and progress.

– J & N Realty, Inc.’s core competencies encompass all of the following management skills and techniques:

1. Responsive and responsible management
2. Effective communication
3. Ability to be and stay organized; to deal swiftly with change; to maintain professional detachment; to stay current with industry standards and practices; to admit mistakes and to correct them immediately

– Property and planned development managers have access to information, resources, and statutes which affect the management and operations of homeowner and condominium association communities. Our HOA and Condo managers recognize problems, seize opportunities, and create solutions. They are detail oriented, organized, flexible, and follow up and follow through, with a passion to be a protector, planner, and provider and with an equal passion to make a huge impact on the operations of common interest development properties. Our managers attend continuing education courses to gain the knowledge and skills required to keep up with new laws, regulations, management techniques, technology, and products.

Collection for delinquent payments

A homeowner association can face a serious financial crisis if even a small percentage of members do not pay their assessments on time. In many cases, the few members who do not pay are the ones who simply do not understand why they have to pay and how their delinquencies affect everyone else. How can an HOA educate these holdouts and motivate them to make good? By communicating clearly the reasons it is important for them to pay, the fact the association has a legal duty to collect, and the progressively more serious steps the condominium’s board of directors will have to take if members let things go too far. Create a policy that will help members understand the consequences of late payment and show them that you intend to apply your collection policy uniformly, fairly, and consistently.

Contact us, and we will send you a sample letter.

Member must pay assessment regardless of grievance

Most homeowner associations have faced the tough situation of a member’s withholding payment of his monthly assessment because he has some type of grievance against the association. Most states laws do not allow members to withhold assessments because of a grievance. However, in court, the law is not always applied so clearly. That is why it is important to remind a member who withholds assessments that he must pay the assessments despite his grievance. A well-prepared policy will tell the member that the Association has received his explanation of why he has not paid his assessments, and explains that he must pay them regardless of any complaint he has about the Association, even if the complaint is valid. It should say that the board will investigate the member’s grievance and try to resolve it if it is valid, and warns the member that the Association will continue taking steps to collect the debt until it is paid in full. The policy should also include a statement required by the Fair Debt Collection Practices Act.

Mold incident report

Condominium associations have been aware of the proliferation of toxic mold lawsuits for some time. Developments in the insurance industry make being sued for the effects of toxic mold riskier than ever. That is why it is so important to keep detailed maintenance records anytime a member complains about mold or moisture in an area maintained by the condominium. If you keep good records, you will be better able to defend yourself if you are sued later. In some cases, good records can even help you avoid a lawsuit altogether or enable you to make a reasonable settlement.

Protection against lawsuits by contractors’ employees

When you hire independent contractors to perform work at your condo association, you risk being sued if any of the contractors’ workers are injured on the job. Workers’ compensation laws limit how much injured workers can get from their employers. So, injured workers looking for big damage awards often sue HOAs and managers who hire their employees.

A clause should be included in every contract stating that the contractor is responsible for any injuries that occur in connection with its work. It is also a promise by the contractor to defend and indemnify the condominium association if it is sued.

Check certifications and credentials of lifeguard applicants

Many community associations hire lifeguards to reduce the likelihood of accident at the homeowners association’s pool. However, if you hire and unqualified lifeguard, you could increase your liability for accidents. Your condo association can be held legally responsible if the lifeguard you hire lacks the proper training and somebody drowns or gets hurt in the pool of the condominium because of the lifeguard’s incompetence.

Banning Smoking

Smoking not only poses significant fire risk to a community, but it can pose health risks, as well. You can, if you choose, ban smoking in the common areas of the condominium property, and, depending on what type of property you have, you can even ban smoking within members’ units. To do either, you need to amend your CC&Rs. To ban smoking in the common areas, an amendment the CC&Rs is better than just passing a rule because it gives you a stronger mandate to enforce the policy, and members will include being appreciated in the decision. To extend the smoking ban to members’ units, on the other hand, will require a membership vote to pass the amendment. This is because you probably do not have the authority in the governing documents to regulate this type of member behavior within their units.

The amendment would ban the smoking of cigarettes, cigars, and pipes in common areas, and if you choose to extend the ban in your property, within members’ units, too. It also makes members responsible for the smoking of their guests. It provides for a fine to enforce the policy. Finally, it should say that, if the association must sue the member to enforce the policy or collect the fine, the loser of the lawsuit will have to pay the winner’s legal costs.

Controlling Members’ Input During Board Meeting

To encourage member participation in homeowner association affairs, many boards permit HOA members to attend and speak at board meeting even when the bylaws do not give member that right. If a member speaks too long, rambles off topic, or intentionally antagonizes the board or other members, he makes it hard for the meeting to be productive.

Clearly, the answer is not to forbid condo members to attend board meeting. A number of states require open board meetings, and a wise board recognizes the value of member input, even vigorous debate. The key is to control the input so that the meeting can proceed and the board can tend to the business for which it was elected.

Although meetings are the lifeblood of homeowners associations, stories abound about meeting that have gotten out of hand. Sometimes a member will stand up and repeat over and over the same questions that had already been asked and answered. Other times, the situation is extreme, such as when a condominium member assaults a board president.

To avoid these kinds of problems, HOA’s should create a “code of conduct” that all members must follow at both board and membership meetings. Opinions differ about whether the codes of conduct should be adopted by board resolution or through a membership vote.

Board Candidates’ Promise to Follow Code of Campaign Conduct

Homeowner association campaigns for the board of directors, while excellent examples of democracy in action, too often turn vicious. Instead of engaging in a spirited fair debate about HOA issues, candidates often resort to name-calling, rumor-mongering, and personal insults. To help reduce negativity during campaigns, set a code of campaign conduct and ask all board candidates to voluntarily sign a written pledge to abide by that code – the homeowners association may not legally require candidates to sign such a pledge.

In most condominium property associations, any member in good standing has the right to rum for the board of directors. The HOA board has no authority to impose additional requirements for board candidates, such as agreeing to a set of campaign standards. If candidates are forced to sign the pledge or disqualified because they refused to sign, the homeowners association will be vulnerable to a lawsuit and maybe even liability.

Advising Challenged Board Member of Removal Petition

If an HOA board has the unpleasant task of removing a board member from office because he failed to live up to the responsibilities for which he was elected, the exact steps taken to remove that board member by membership vote will depend on the condominium property association’s governing documents and state law. One of the steps may include sending a letter to the board member whose removal is being sought to notify him that a special meeting is being held to discuss and vote on his removal.

Even though, as a member of the homeowners association property, he will most likely be getting a copy of a property-wide notice about the vote to remove, it is a good idea to send a separate letter directly to that board member. The letter should tell the condo board member that the association has received a petition from the membership to hold a special meeting for the purpose of removing him from the board of directors; where and when the meeting will be held; that the board member will have an opportunity to defend himself at the meeting; and the reasons his removal is being sought. In addition, if the accusations against the board member have been written down, he should get a copy of those accusations.

J & N Realty, Inc. — real estate, property, planned unit development (PUD), townhouse, townhome, hoa, condo, condominium, homeowner association, common interest development (CID) management services in Los Angeles.