Condo Media - February 2011 - 44

MANAGEMENT

the assessment powers) against each dwelling unit, and giving the tax a priority collection claim in the event the owner did not pay, in effect giving the association the same clout as a city has to collect the money to fund its services and facilities. Short-term loans are another option. This type of financing includes a pledge of the association’s receivables as collateral. Another area needing a creative approach is the seating of viable board members. Some years ago, an elderly gentleman in the company of four ladies, also of advanced age, visited me in my office. He was the last living male in his condominium and he was very concerned about what would happen to the widows in his building when he was gone. The ladies were of the generation of good wives who did not know how to write a check, let alone run the association. For this community, I recommended professional management

services. And perhaps, paid professional board members also are in our futures. In response to market need, an industry of adult day care centers is emerging. These centers provide supervised activities, assistance, lunches and sometimes transportation. Many such centers are connected with social services. There remain some serious questions of ability and liability concerning the role and scope of involvement of the community association, along the lines outlined in this text. If a board member fears his neighbor’s children will bring legal action against him if he tries to get professional mental or physical health help for his neighbor, he will certainly think twice about getting involved. There also is the concern that a wellmeaning, but untrained, volunteer could make matters worse. Still, through education of volunteers, creation of comprehensive policies and procedures, and a sincere effort to find out what services

are available in the general community, an informed association can achieve a comfortable level of assistance, without incurring or assuming legal liability and without becoming an “old age home.” In addition, all of us involved in the community association industry should be working with state and federal legislators, local businesses and health care providers to make the issues involving aging in place and the development of naturally occurring retirement communities (NORC), as well as the needs of an aging population, known so creative solutions and services can be ready when they are needed. CM Ellen Hirsch de Haan, J.D., is the managing shareholder of the Tampa Bay Regional Office of Becker & Poliakoff P.A. She focuses her practice in the area of community association law representing condominium, cooperative, timeshare and homeowner associations.

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Condo Media - February 2011

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