Info Bytes 12.09.21
CIC Info Bytes are frequent, succinct updates that provide educational and engagement opportunities to help your community thrive!
Disaster Assistance Equity Act
You may be interested in adding your support for this legislation. Please share with your community.
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
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.
Association Cannot Ignore Owner's Requests for Documents
Michigan Court of Appeals - Association cannot ignore requests for records.
Management Company Has Limits on Authority Delegated by the Association
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.
Board Does Not Possess Authority to Make "Radical" Changes to the Community
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.
Association Must Provide Proper Assessment Notices
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 WA State's RCW 64.90.525(1)(b) superseded prior legislation related to annual budgets back in 2018.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:
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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