Posted on March 19, 2021 4:00 PM by Melissa Gentry
Since Governor Abbot rescinded GA-26 and lifted restrictions, it raises the question as to whether or not to reopen amenities. Even with the restrictions being lifted and vaccines becoming more readily available, it does not eliminate the risk of contracting the corona virus. If we do open them what kind of modifications will we need to take? We have been carefully researching and listening to the advice of multiple association attorneys. The decision comes down to cost and liability.
Recommended Safety Precautions
- Require masks to be worn at all times unless actively swimming in a pool.
- Provide sanitization stations.
- Enforce social distancing. Limit parties to no more than 10.
- Hire monitors to enforce social distancing and cleaning.
- Clean equipment between each use and keep a log of the cleaning schedule.
- Clean or remove furniture. Residents can bring their own portable chairs. If furniture remains, space at least 6 feet apart. Keep a cleaning log.
- Require waivers from all residents prior to using the amenities. The waiver should be reviewed or drafted by the association attorney.
- Do not allow guests. If guests are allowed, they must sign a waiver.
- No events that result in gatherings of more than 10.
- Signage in and around all amenities warning of the danger of COVID.
- Clean frequently or close restrooms.
- Implement a reservation system.
- Adopt a COVID policy.
Implementing all of these safety precautions will cost money. The first step is to list and estimate the expense for the precautions needed at each amenity. The association budget should then be carefully reviewed to ensure that there are adequate funds to support the necessary modifications.
Most insurance policies contain exclusions for outbreaks. If the association should be sued it will likely be the liability portion of the policy. Most insurance policies also contain defense costs. This includes attorney fees and court costs. In order for liability or defense to be covered, the loss must be insured and not excluded. The vast majority of liability policies include exclusions for the virus. The conclusion is that most insurance policies will not cover suits from the pandemic leaving the exposure and cost to the association. Defense and court costs can become expensive very quickly.
The board needs to weigh the expense of reopening precautions and staffing along with the vulnerability of the associations liability exposure to determine whether it is a practical decision. Contact your association’s insurance agent to determine coverage limits and exclusions. Reach out to your association manager to help determine if the association can afford the necessary safety precautions.
Most association boards are receiving feedback and pressure to reopen amenities. We understand the desire to return to normal and come together again as a community. The board has the fiduciary responsibility to act in the best interest of the association. We need to actively communicate the expense and risk the membership. A plan will be needed to effectively communicate how the decision as to whether or not to reopening amenities was determined. These are not easy decisions and conversations. We are here to help and we will get through this together.
Posted on February 9, 2021 12:46 PM by Admin
As assessment-paying members of our community, we are entitled to certain rights and—in return—we have certain responsibilities.
Homeowners have the right to:
1. Participate in governing the community association by attending meetings, serving on committees and standing for election.
2. Access appropriate association books and records.
3. Prudent expenditure of fees and other assessments.
4. Live in a community where the property is maintained according to established standards.
5. Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated.
6. Receive all documents that address rules and regulations governing the community association—if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community.
7. Appeal to appropriate community leaders those decisions affecting non-routine financial responsibilities or property rights.
8. A responsive and competent community.
In turn, homeowners have the responsibility to:
1. Read and comply with the governing documents of the community.
2. Maintain their properties according to established standards.
3. Treat association leaders honestly and with respect.
4. Vote in community elections and on other issues.
5. Pay association assessments and charges on time.
6. Contact association leaders or managers, if necessary, to discuss financial obligations and alternate payment arrangements.
7. Request reconsideration of material decisions that personally affect them.
8. Provide current contact information to association leaders or managers to help ensure they receive information from the community.
9. Ensure that those who reside on their property—tenants, guests or family members—adhere to all rules and regulations.
Posted on January 7, 2021 12:41 PM by Melissa Gentry
Categories: Homeowner Articles
We’re always talking about the association’s governing documents, but what are they?
Almost every state has statutes governing condominiums and homeowner associations. In addition most associations are subject to the state corporations’ code. The primary statute for Texas is property code 209. The state statute that governs condominiums is Texas property chapter 82.
Declaration and Their Covenants and Restrictions
Planned communities are created by declarations. These contain the restrictions that regulate residents’ behavior, they define owner’s rights and obligations, and establish the association’s responsibilities.
Articles of Incorporation
Most associations incorporate and have articles of incorporation that define their purposes and powers. They may specify such things as the number of directors and their terms of office.
Bylaws address association operations such as procedures for meetings and elections and specifying the general duties of the board.
Resolutions—Rules and Regulations
Board members adopt rules and regulations, and sometimes members have to approve them. Rules and regulations are recorded as board resolutions. Resolutions must be consistent with the declaration or proprietary lease, the bylaws and state law.
Order of Priority
Association governing documents are almost always trumped by state law. But, when association documents conflict among themselves, the declaration or proprietary lease carries the greatest weight, followed by the bylaws and then the rules and regulations.
All of your associations governing documents are located on our website. Log in and check them out!