It’s a question we’re asked all the time: “Can we use reserves to cover an operating fund shortfall?” Under normal circumstances, our standard response would be an emphatic “No!” — because reserves are for major repair and replacement projects. But now, in a time of (inter)national crisis, reserves may play a valuable additional role at your association. In March, our country went into various degrees of ‘lockdown’ to prevent the rapid spread of the COVID-19 pandemic. The resulting rapid spike in unemployment means associations are, or will soon be, experiencing higher than normal assessment delinquencies. With most communities running on tight budgets even in good times, rising owner delinquencies put the short-term financial health of associations at risk. Yes, the roof might still need to be replaced in five years, but management, insurance, and trash bills all need to be paid now. In times like these, reserve contributions and the

Property insurance, by definition, is a guarantee of compensation for a specific loss or damage to physical property or equipment. Within that broad and simplified explanation there is room for multiple interpretations—and more than enough confusion to go around. An all-volunteer condo or co-op board of directors may be intimidated just thinking about what constitutes adequate coverage, reasonable costs, and possible liabilities. Most board members are not insurance professionals, so it’s even more crucial that they recognize and understand some basic insurance terms and concepts, despite the challenge that may present. Fortunately, there are experts in the field of insurance willing to share their knowledge and guide a motivated board, around the learning curve to a comfortable understanding of the best and most affordable options available in today’s market. A Little History The insurance industry is not a new business. As a matter of fact, the practice of spreading risk

Contributing Author: Jeffrey A. Rembaum, Esq., BCS, Kaye Bender Rembaum The most asked question of 2020 is this: Can our association host our board and annual meetings using Zoom or another similar virtual/electronic platform? There is no doubt that technology will always advance faster than legislation. In fact, advances in technology seem to take place in light speed where as advances in legislation seem to travel at the speed of your average turtle. As to board meetings, §718.112(2)(b)5 of the Condominium Act provides, “A board or committee member’s participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a

This topic is not intended to be provocative. It is unfortunate that Boards not only have to deal with unruly behavior, but that they also have to – from time to time – deal with racism and discriminatory behavior, too. Here are five suggestions for stopping such behavior, curated from interviews with several attorneys, managers and operations directors with years of experience. This problem isn’t new. In the case Reeves v. Carollsburg, a federal court found that a condo couldn’t sit idly by while one of its owners was being attacked on the basis of her race. The owner, Deborah Reeves, an African American, was an administrative judge in Washington, D.C., and lived in a condo. Another resident harassed her because of her race and the board took the position that this was a dispute between two unit owners. A Washington, D.C., federal court basically found that the association had

Bad neighbors are something that everyone living with shared walls fears—and not without cause; co-op or condo, small or large, chances are there’s at least one chronically objectionable person who seems to do his or her level best to annoy, thwart, and agitate his or her neighbors, and otherwise disrupt the peaceful functioning of the community. The thing is, the term ‘objectionable’ is a subjective one. “Some members are labeled as ‘difficult’ when they really are just espousing views that may be unpopular or different from those held by the board or a majority of the other members,” says Donna DiMaggio Berger, a shareholder attorney with the law firm of Becker & Poliakoff in Fort Lauderdale. “Some of the best association leaders started out as ‘difficult’ owners.” On the other hand, behavior that can fall under that same label ranges from constant noise and unpleasant cooking odors to full-on hoarding,