Associations must continue to function.  Board meetings must be held, and decisions must be made.

The CDC has recommended against any gatherings of ten or more people through at least the middle of May.  Therefore, Association’s must postpone community events and avoid in-person meetings. However, the Association must continue to operate, and the Board must continue to conduct the Association’ s business.

To do so, the board must continue to meet on a regular basis but should do so via teleconference, Skype, Zoom, etc.  Some larger communities with closed-circuit television can televise their remote meetings for their members.  Keep in mind that transparency remains paramount, even when “open” board meetings are being held virtually or remotely.  So, in order to maintain transparency during this difficult time, boards should make their meeting agendas available prior to open meetings.

Associations should also provide a means for its members to propose questions or comments during their meetings.  Some associations have set up separate email accounts for member questions and comments to ensure that they do not become lost among other association-related emails.  Others are having the members email management directly.  Zoom and other software applications have “chat” and “raise your hand” features that allow members to participate virtually.

At the virtual or remote board meeting, business must be conducted as usual.  Motions must be made, discussed among the board members, and voted upon.  The board should review and discuss the comments and questions submitted by members during the ‘new business’ or ‘open questions’ portion of the meeting.

Immediately following the board meeting, it is important to communicate with the members.  Instead of waiting for the meeting minutes to be prepared, finalized, and approved at the next board meeting, the board should consider immediately providing an overview of the meeting to the members.  This overview may be more in-depth than typical meeting minutes to compensate for the fact that the members could not attend in-person. Official meeting minutes should also be prepared and approved at the next open meeting.

At the end of the day, it is important to remember that the association must continue to function.  Open meetings must be as transparent as possible, and communication with the members is key.

It’s that time of year again… when extreme cold can cause pipes to burst in vacant units.  In light of this, it is important that managers gain access into known vacant units to winterize them.  This avoids unnecessary insurance claims and premium increases caused by ruptured water lines.

The Condominium Act provides authority for condominium associations to gain access into a unit for the purposes of protecting the common elements and adjoining units.  The statute, N.J.S.A. § 46:8B-15(b), also permits the condominium association to charge any costs incurred in gaining access and winterizing the unit back to the unit owner.  However, prior to gaining access into the unit, the Association should provide reasonable notice to the unit owner and advise that the unit owner that they will be liable for any costs incurred in gaining access and winterizing the unit.

Further, N.J.S.A. § 45:22A-44(b) authorizes homeowner and townhome association boards to exercise its powers in a way that protects the health, safety and general welfare of the residents of the community.  In addition, each association’s governing documents typically provide additional authority permitting the Association to gain access into units in the event of an emergency.  Between the authority granted  in the association’s governing documents and N.J.S.A. § 45:22A-44(b),  homeowner and townhome associations generally have sufficient authority to gain access into vacant units upon reasonable notice to the owner to winterize them for the purpose of protecting adjoining units and common elements.

So, if there is any indication that a particular unit is vacant and not winterized, then we advise that management or our office send a notice to the owner advising that the Association will gain access to the unit to determine whether it is vacant and whether it has been winterized.  If vacant and not winterized, then the association will winterize the unit and charge the unit owner back any costs incurred.

Jaime Fraser and Michael Polulak were happy to see everyone at the 2014 IREM Trade Show on February 20th and 21st. Thank you to IREM for hosting a great show! To everyone that attended, thank you for coming out and visiting our booth! We look forward to seeing you soon!