CAI-NJ June 2017

The operation, administration and governance of an association is a tremendous responsibility and under- standing the level of potential liability that is involved when representing an entire community can never be stressed too much!! The purpose of this article is to bring attention to the liabilities that can be accrued in the typical administration and operational practices within a community, further discussions about accessibility stan- dards, inconsistent enforcement of Rules, and the adoption of Rules that are discriminatory deserve some note. Often rules with the best intentions can create situations that have built in contradictions. Rules regarding not allowing motorized vehicles other than cars on community roads can be contentious; rules concerning the type of trash containers that must be

used may be unreasonable for certain residents with limited mobility; and having recreational facilities that are not available to all residents because of location or lack of proper accom- modation can also be of concern. In general, “selective enforcement” of rules is to be avoided at all times, and to only provide activities or recreation- al facilities for a certain segment of the population is also to be avoided. It is impossible to meet everyone’s needs, however, it is important to consider the full demographics of a communi- ty and the needs of all owners when adopting, enforcing and establish- ing rules; and to always consider the ultimate “what ifs” when making decisions for everything from con- tracting work to making the full com- munity accessible to all. The goal is to limit liability!! n

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