Annual Meeting Tips and Tricks
Annual meeting season is almost upon us. As directors and managers begin planning for their annual meetings, it is good to have a refresher on some of the common questions that arise every annual meeting season.
Annual meeting season is almost upon us. As directors and managers begin planning for their annual meetings, it is good to have a refresher on some of the common questions that arise every annual meeting season.
The Federal Fair Housing Amendments Act ("FHA") prohibits discrimination of protected classes in the provision of housing by community associations.
For many associations, the summer season represents a highly anticipated time to bring the community together. Whether it is for a pool party, weekend barbeque, or just to watch a game, neighbors will often find any excuse to plan an association-sponsored function. As such, the board of directors will inevitably be faced with many questions.
The opening of a community's recreational facilities often marks the beginning of summer fun for the residents. However, it also can bring headaches for association boards and managers when the recreational facilities become the subject of the summer fun. Pool furniture thrown in the pool, graffiti on the clubhouse, beer cans stuffed in the trash cans, signs of recreational drug use on the playground, landscaping pulled up, trenched, or, even worse, rolled. Sound familiar?
Some may argue it is harmless summer fun, but the truth is that vandalism costs associations thousands of dollars every year to repair. That money is coming straight out of the pocket of the homeowners. To reduce the costs and headaches associated with vandalism, associations are turning to increased security measures, such as security cameras, to deter and eliminate summertime shenanigans.
A large condominium in California had extensive amenities for its 700+ residents, including three separate pools. As an accommodation for the older residents who enjoyed swimming laps and for "water walking," the board of directors passed a rule limiting one of the pools to adult use only during the summer months. The other two pools remained open to all residents of any age.
Another condominium association, when presented with health concerns over the use of the pool by non-potty trained children and babies, passed a rule prohibiting all babies and small children who were not fully potty trained from using the pool.
It does not take much to create a binding contract under the law. The four basic requirements to establish a legally binding contract are: 1) an offer; 2) an acceptance; 3) the intention to create a relationship; and 4) consideration/payment in return for goods or services. This means that one page work proposals, email quotes or a signed description of services can often be sufficient to create a binding contract under the law, but in most times are woefully inadequate to fully protect the interests of an association.
Georgia law requires community associations, as non-profit corporations, to keep minutes of all meetings of its members, its board of directors and its committees acting on behalf of the board. While most boards are aware of the obligation to take and maintain meeting minutes, meeting minutes can be a source of questions from boards and members alike. The following addresses some of the more common questions/issues involving meeting minutes.
As we enter into the new year, many community associations are welcoming new members to their board of directors. Serving on a board of directors for an association is often no small task and the obligations that come with it should not be taken lightly. It is important for all directors to be aware of the nature and extent of their authority and responsibilities so that each director can fulfill his or her duty to the association and its membership.