CAI-NJ June 2020(w)

MANAGEMENT TRENDS By Mary Barone, CMCA, AMS,

Access Property Management, Inc., AAMC, AMO

AaronAmat/iStock/Getty Images Plus

I n preparing to write this article, I referred not only to my professional experiences but also to CAI articles and course materials. One of the first things mentioned in the CMCA course material is that upon achievement of the CMCA designation, managers will have gained the knowledge to effectively manage community associations. The coursebook goes on to state that as managers, we, “enhance the professional practice of community associa- tion management.” As community association managers we deal with many issues daily while working with our board of directors and other professionals to provide services required and expected by the members of the communities we serve. Inevitably, there are likely to be conflicts. Perhaps two neighbors are disputing over parking rights or disturbances heard from one unit through to the next. We work with our members and boards to ensure that the association’s Rules & Regulations are being followed by consistently addressing violations per governing policies and utilizing ADR when necessary to come to a mutually agreeable settlement. Perhaps members are disagreeing with board actions/ policies or lack thereof. It is possible that a community may have outdated documents that may not address topics that were not present when the community was first built. Current state and federal laws should be contemplated into the association’s decisions to ensure that any/all decisions are in accordance with applicable laws. Incorporating this into governing documents can be accomplished through

policy resolutions and/or amendments and in specific cases, these can be handled under the 2017 Radburn Act. Always verify with the association’s legal counsel before proceeding with any change to the association documents. Perhaps the conflict is between the board and a ser- vice provider. Proposals for all major contracts should be reviewed by the association attorney to ensure that the “Perhaps members are disagreeing with board actions/policies or lack thereof.” scope of work falls within the board’s authority and that a proper contract can be drawn up to ensure that the associ- ation is protected. It is likely that as a community association manager, we will need to work to resolve all of the conflicts mentioned. That being said we must understand not only our role and its limitations — we are not attorneys, insurance agents/ brokers or auditors — but that we communicate and pro- vide the information to the board of directors that will assist them in resolving the given conflict in the best interest of the association as a whole. Reviewing and understanding the association’s governing documents and working with association members and the board to ensure not only an understanding of the rights and responsibilities but compli- ance with the association policy will allow for the proper function of the community is the best course of action that can be initiated by a manager. n

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