MANAGER NOT CERTIFIED

QUESTION: Are we in trouble? We just found out our manager (for the last 2 years) is not certified nor licensed. What should our board do?

ANSWER: There is no need to flee the country; you're not in trouble. There is no requirement that association managers be certified nor is their any licensing requirement (except for business licenses for management companies). There is, however, a requirement that managers make certain disclosures to the associations they manage. 

Certifications. Even though certifications are not required, they are important. Designations are offered through the California Association of Community Managers (CACM), the Community Associations Institute (CAI) and the National Board of Certification of Community Association Managers (NBC-CAM). 


RECOMMENDATION: Boards should look for professional designations when hiring a manager. They show that a manager has achieved certain levels of training in the management of common interest developments. If the manager is an employee of the association, boards should encourage and pay for the continuing education of their managers. It is worth the cost because knowledgeable managers help steer their associations through the maze of regulatory compliance thereby reducing potential liability and making it easier for volunteer directors to meet their fiduciary duties.

MANAGEMENT FEES

QUESTION: How much (in general) does a property management company charge a homeowner's association to manage the community?

ANSWER: Management fees will vary depending on (i) the location of the development (north, south or central California and inner city versus rural), (ii) the type of development (condo or single-family homes), (iii) the size of the community (500 units or 5), (iv) the level of service being sought (financials only or full management) and (v) the quality of managers assigned to the account (seasoned managers with professional designations or kids fresh out of high school). The best way to compare prices is to get management companies to bid (apples to apples) on the management services you desire.

ADA POOL COMPLIANCE

QUESTION: We are a gated community of private detached homes. If we allow rental of of our community park (including the pool) for weddings, parties and fundraisers where non-residents attend is the HOA subject to the new ADA pool requirements?

ANSWER: This question keeps popping up. You are referring to the new ADA "public accommodation" pool requirements under Title III that go into effect January 1, 2013. The new regulations state that swimming pools open to the public must have at least two accessible means of entry. "Accessible" is defined as swimming pool lifts, sloped entries, transfer walls, transfer systems and pool stairs. Such requirements do not apply to private organizations such as homeowners associations. However, there are exceptions.

Renting to the Public. Renting your pool facilities to the public is one of the exceptions. If you are renting to the general public and the "weddings, parties and fundraisers" you referred to involves swimming, you will need handicap access at least for the duration of the events. That can be accomplished with a portable chair lift. If guests accidentally swim in the pool (somebody falls or is pushed into the pool)--you don't need to provide handicap access. However, other facilities, such as bathrooms, may need to be modified for handicap access under other provisions of Title III.

Renting to Members. If your association rents its facilities to members only, ADA requirements do not apply. If your members invite guests who are not members, ADA rules might apply but it is unclear. I can tell you from experience that handicap advocates tend to be aggressive and look for excuses to chase associations and businesses through the courts. That does not mean they would prevail but the association would have to endure the expense and uncertainty of a lawsuit.

RECOMMENDATION: Even if not required, boards should plan on making all facilities ADA compliant. This not only benefits handicapped members of the association, it avoids potential litigation. In the long run, it's cheaper to upgrade your facilities than to litigate over them. In the meantime, when it comes to renting out your facilities, boards should talk to legal counsel about how best to reduce their risk.



 
Adrian J. Adams, Esq.
Adams Kessler PLC