Info Bytes 12.09.21
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ISSUE # 7
CIC Info Bytes 12/09/21
CIC Info Bytes are frequent, succinct updates providing educational and engagement opportunities that help your community thrive! Please forward and share this newsletter with your peers, neighbors and colleagues so they can connect and join .
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Disaster Assistance Equity Act
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You may be interested in adding your support for this legislation. Please share with your community.
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Under the current law, community associations affected by a presidentially declared natural disaster—blizzard, drought, earthquake, fire, flood, hurricane, or tornado—are NOT given the same FEMA financial recovery support
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If this bill passes, individual owners in condominiums and housing cooperatives will be reimbursed for their fair share of repair or replacement of critical major common area elements like boiler rooms, elevators, roofs, etc.
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Governance Matters
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Association Cannot Ignore Owner's Requests for Documents
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Michigan Court of Appeals - Association cannot ignore requests for records.
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Management Company Has Limits on Authority Delegated by the Association
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Illinois Appellate Court - A management company could be held liable if it takes an active part in violating a statutory duty that the association owes to a third party.
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Board Does Not Possess Authority to Make "Radical" Changes to the Community
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Arizona Court of Appeals - "Radical" changes are not within the purview of day-to-day management decisions and cannot be delegated to the Board or to a management company.
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Association Must Provide Proper Assessment Notices
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This was a case from Ohio, but it's a great reminder that delivering required notice is essential. WA State's RCW 64.90.525(1)(b) ) superseded prior legislation related to annual budgets back in 2018. Here's what it says:
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If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board.
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