March 2026 CT

“Boards and community managers should view spring maintenance not as an optional beautification expenditure, but as a fulfilment of a strict legal obligation...”

LEGAL OBLIGATIONS... from page 30.

for the community as a whole, the board member who respects the fiduciary duty will approve the increase not withstanding his or her individual needs. Practical Implications: Spring Maintenance Planning Boards and community managers should view spring maintenance not as an optional beautification expendi ture, but as a fulfilment of a strict legal obligation that is comprised of statutory law and contractual requirements. While boards should confer with their general counsel in determining the extent of these requirements and whether they are in compliance with fiduciary obligations, a good place to start is taking the following steps: 1. Thoroughly review all provisions within the governing documents plus any maintenance schedules included in therein (or in the Transition Report) and identify all pre-de termined maintenance obligations, reserve requirements and authority for assessments;

2. Make sure the community’s reserve studies are up to date and that there is sufficient budgeting for immediate and long-term maintenance tasks; 3. Document board deliberations and decisions concern ing maintenance scopes and expenditures in order to establish that the board is acting in good faith and using sound business judgment; and 4. Ensure proper vetting and selection of maintenance ven dors that have experience in their respective trades and are not just selected based solely on price (i.e., using a jack of-all-trades maintenance person to perform complicated, technical work on complex mechanical systems) . n

THURSDAY, SEPTEMBER 10TH | 4:00PM TO 8:00PM MARTELL'S TIKI BAR, PT. PLEASANT DETAILS ! WWW . CAINJ . ORG MUST BE 21+ TO ATTEND. STAY TUNED FOR DETAILS! WWW.CAINJ.ORG MUST BE 21+ TO ATTEND . STAY TUNED FOR

49

MARCH 2026