CAI-NJ June 2017
common area components, debris pick up, making small repairs to common elements, removing dead shrubs and performing tasks/jobs that would ordi- narily be performed by contractor. The examples of highest concern include, repairing benches in the common area, replacing equipment in the clubhouse, performing an electrical, HVAC repairs, making adjustments to pool equipment, and any task or job that has a high potential for injury to the person perform- ing the task or to potentially damaging the common element or a resident using the common element. Before conduct- ing any “self-help” projects a good practice is to check with both the asso- ciation Insurance Carrier/Agent and/ or the association attorney. Another important guard against lia- MANAGEMENT TRENDS.. from page 61.
bility is to retain an accredited com- munity manager for the operation and administration of all communities. Having an accredited manager should be considered as a need not a prefer- ence. Liability issues should be foremost in the performance, advice and recom- mendations of the manager working on behalf of the board. In some adult communities, where the board wants to be involved on the day-to-day oper- ations, there is a confusion when the board’s practice is to give the manager direction of how to proceed in perform- ing their job. The relationship between the board (which often sees itself as “an employer” rather than as a “client”) and the manager should be one in which the manager is viewed as the professional retained to provide recommendations to the board, not just be delegated duties. It is important that the board makes deci- sions based on the recommendations of
their professionals (manager, included) and then has the manager implement those decisions. If managers are not qualified to make a recommendation in certain situatioins (such as giving legal advice), the manager should recom- mend that the appropriate professional is consulted. Working so closely in a partnership, board members and the manager, develop a shorthand and sometimes the manager will forget to put their recommendations in writing. Putting recommendations in writing is an essential practice. Written records serve as a correct record; can be checked for future reference; and will always serve as a guard against future liability, if the board takes a position different from what is recommended. Of course, a manager’s job must be to make sure that they limit their own liability, but more importantly that of the board and the association.
Spotlight On Service With great respect for those who serve our country, the Editorial Committee of CAI-NJ is seeking spotlights on service members. This may include active, or inactive members of the United States Armed Forces. Please take this opportunity to spotlight someone you know and help the CAI-NJ community recognize and thank them for their service to our country. Criteria 1. Must be a member of the United States Armed Forces, active, inactive or has served. 2. Must be either a: a. Member of CAI-NJ (Manager, Board Member, Business Partner or Business Partner Employee) b. A parent, spouse or child or a CAI-NJ member (classified above) 3. Must include 500 to 1,000 words about their service along with a photo
For questions or to submit a “Spotlight on Service” contact Jaclyn Olszewski at jaclyn@cainj.org.
Submissions may be self-authored by service members or written on their behalf.
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