Rent Real EstateAsk the Homeowner Association Expert
Question: Can we have a rule stating that no children are allowed in the
pool after a certain time in the afternoon (4pm) whether they live in the
complex or not? We are almost all over 55 except a couple of units. Can we
bar a unit owner from using the facilities because of non-compliance?
Answer: You have the right to restrict any children that are not complying
with reasonable rules including being disruptive, loud and obnoxious. You
can also restrict children under a certain age who are unaccompanied by a
responsible adult. Restricting children based on time of day is not
reasonable and discriminatory. The fact that the your community has lots of
over 55s doesn"t qualify it legally. If it is, as defined by the Federal
Housing Amendments Act, you can actually restrict children from residency.
For more on this subject, see www.regenesis.net.
Question: Our property manager does not do his job. He frantically sends
violation letters and discusses the repair progress with the maintenance
committee just prior to the monthly meeting. He claims to visit the property
two or three times per week, however, no one seems to see him there. We are
entertaining ideas of a new management company or of becoming self-managed.
What do you think?
Answer: While you may have better options for management, I do not recommend
self management unless your association is quite small (under 20 units) and
has minimal financial, administrative and maintenance responsibilities.
Property managers typically are on call 24 hours a day for emergencies,
something volunteer owners are rarely willing to do. Volunteers like to go
on vacations and should not be subjected after hours calls from their
neighbors.
Self managed associations frequently have problems keeping accurate and
timely books. Finances are the foundation of the association and should be
treated seriously. If you decide to self manage, do yourself a favor and at
least hire an independent bookkeeper to keep finances rolling smoothly.
If your community is large enough, hiring a resident manager proficient in
maintenance, administration and finances is an option although they are very
hard to find and once found, to hold on to. Community association management
is highly specialized. Look for companies that make it a specialty and ask
for client references.
For more on these subjects, see www.regenesis.net.