Our proactive management style and meticulous attention to detail enable us to provide a high level of managerial and operational support for Board of Directors and to aid them to carry out their fiduciary duties they owe to their Associations.
In California’s Davis-Stirling Act and the Business and Professions Code, there are required disclosures pertaining to common interest development managers. A Common Interest Development Manager is an individual who, for compensation, or the expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity of providing management or financial service to a community association.
Seller’s and buyer’s release and indemnification before providing resale disclosure packet
Many HOAs and condominium associations give a resale disclosure packet to the 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 risking liability. It gives you the permission of both the seller and buyer to provide a package; release the homeowners association from 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.
WHY US – Support – 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 the ballots, and other election records after the election are 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.
WHY US – Support – Financial Services are acts performed or offered to be performed for compensation for a community association including, but not limited to, preparing internal unaudited financial statements, internal accounting and bookkeeping functions, billing of assessments, and related services.
WHY US – Support – Management Services are acts performed or offered to be performed in an advisory capacity for a community association. These include, but are not limited to, the following:
- Administering or supervising the financial or common area assets of a community association or common interest development, at the direction of the community association’s governing board.
- Implementing resolutions and directives of the Board of Directors
- Implementing provisions of the governing documents
- Administering a community association’s contracts, including insurance contracts
An individual who is a member of a business entity who acts as a principal on behalf of a company that provides the services of a common interest development manager is considered a common interest development manager.
California law provides that to be called a “certified” common interest development manager, the individual must meet certain educational and testing requirements. A common interest development management firms cannot be a certified common interest development manager. Listing oneself as “certified” or using any other term that implies or suggests certification without having met the legal requirements for certification is an unfair business practice. It is also an unfair business practice to state or advertise that a person is certified, registered, or licensed by a governmental agency to perform the functions of a certified common interest development manager if he or she is not. Additionally, to state or advertise a registration number, unless required by law, is also an unfair business practice.
WHY US – Support – Clarifying Manager’s Role – Homeowners associations should employ only highly qualified professional community managers. An HOA manager has two primary responsibilities: to carry out policies set by the board and to manage the association’s daily operations.
Some residents expect the manager to perform certain tasks that just are not part of the job. When the manager does not meet those expectations, residents naturally are unhappy. Since Boards want residents to be happy, we are offering a few clarifications to help you understand what a manager usually does.
- The manager is trained to deal with conflict, but he or she will not get involved in quarrels you might be having with your neighbor. However, if association rules are being violated, the manager is the right person to call.
- While the manager works closely with the board, he or she is an advisor—not a member of the board. Also, the manager is not your advocate with or conduit to the board. If you have a concern, send a letter or email directly to the board.
- Although the manager works for the board, he or she is available to residents. That does not mean the manager will drop everything to take your call. If you must see the manager, call and arrange a meeting. If a matter is so urgent that you need an immediate response, call the association emergency number or 911.
- The manager is always happy to answer questions, but he or she is not the information officer. For routine inquiries, like the date of the next meeting, please read the newsletter or check the association website.
- The manager is responsible for monitoring contractors’ performance, but not supervising them. Contractors are responsible for supervising their own personnel. If you have a problem with a contractor, notify the manager, who will forward your concerns to the board. The board will decide how to proceed under the terms of the contract.
- The manager inspects the community regularly, but even an experienced manager will not catch everything. Your help is essential. If you know about a potential maintenance issue, report it to the manager.
- The manager does not set policies. If you disagree with a policy or rule, you will get better results sending a letter or email to the board than arguing with the manager.
- The manager has a broad range of expertise, but he or she is not a consultant to the residents. Neither is he or she an engineer, architect, attorney, or accountant. The manager may offer opinions, but do not expect technical advice in areas where he or she is not qualified.
- Although the manager is a great resource to the association, he or she is not available 24 hours a day—except for emergencies. Getting locked out of your home may be an emergency to you, but it is not an association emergency. An association emergency is defined as a threat to life or property.