Access Management Group / Atlanta Property Management Professionals / 770-777-6890

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Web Name: Access Management Group / Atlanta Property Management Professionals / 770-777-6890

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Access Management Group / Atlanta Property Management Professionals / 770-777-6890

HOA and COA Property Management Professionals - One of Atlanta's Premier Property Management Firms For More Than 30 Years

PagesHomeHOA ManagementCOA ManagementMaintenanceAbout Us Tuesday, October 4, 2016 New in the HUDAs is typical during the end of presidentialadministrations, a lot of new regulations are implemented, and this year is nodifferent. Beginning October 14, 2016,HUD Fair Housing regulation 2015-0095-0001 goes into effect, incorporating theresults of court cases which in some instances involved homeownerassociations.
While HUD says this regulation does not place any new dutieson HOAs, it squarely places these items on the radar of some who may see itas an opportunity to litigate. Becauseof this, it is crucial that Boards of Directors consult with their insurance agents toconfirm that appropriate Directors Officers insurance is firmly in place.
This regulation clarifies some instances where acommunitys Board of Directors must address harassment between neighbors:Boards must carry a heightened sense of awareness and act in certain situationsthat in the past they may have chosen to ignore. Additionally, they can be held liable for theactions of agents or employees.
In the commentary HUDincluded in releasing the new regulation are the following tidbits:You can be held liable for failing to takeprompt action to correct and end a discriminatory situation where the Boardknew or should have known of the conduct and had the power to correct it. Such knowledge can come from, for example,the harassed resident, another resident, or a friend of the harassed resident. Neither psychological nor physical harm mustbe demonstrated to prove that a hostile environment exists.The power to take prompt action depends upon theextent of control or any other legal responsibility the Board may have withrespect to the conduct (as indicated in bylaws or other rules of a homeownersassociation or condominium, or by federal, state or local law).Community associations regularly requireresidents to comply with CCRs and community rules through such mechanismsas notices of violations, threats of fines, and fines. HUD understands that community associationsmay not always have the ability to deny a unit owner access to his or herdwelling; the rule merely requires the community association to take whateveractions it legally can take to end the harassing conduct.Creating and posting policy statements againstharassment and establishing complaint procedures, offering fair housingtraining to residents and mediating disputes before they escalate, issuingverbal and written warnings and noticesof rule violations, enforcing bylaws prohibiting illegal or disruptive conduct,issuing and enforcing notices to quit, issuing threats of eviction and, ifnecessary, enforcing evictions and involving the police are powerful tools tocontrol or remedy a tenants illegal conduct.A principal (such as the Board) is vicariouslyliable for the actions of his or her agents taken within the scope of theirrelationship or employment, or for actions taken outside the scope of theirrelationship or employment when the agent is aided in the commission of suchacts by the existence of the agency relationship.The response from some Boards has been denial,believing this regulation only applies to apartment complexes and thelike. HUD has stated otherwise, and thisshould be seen as an addition to existing Fair Housing considerations Boardsmust take in areas such as pet regulations and architectural review approvals. It is crucial that you consult with theAssociations legal counsel on this timely topic.Posted byAccess Management Groupat3:36 PM4 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:3rd Party Experts,Board,Confrontations,Directors,Education,Insurance,Liability Tuesday, May 31, 2016 Insurance Notice DeadlineLawsuits are almost always unwelcome surprises. Combined with the regular daily stressesBoard members face for their communities, it's a relief knowing you have properinsurance in place, right? So, when theinsurance company denies the claim saying you didn't report it quickly enough,you reach for the heartburn medicine.
Unlike in Georgia, many other regions of the country arelenient when it comes to missing reporting deadlines. In these States, the thinking is that onlymaterial breaches relieve obligations under a contract. Insurers should not benefit if they haven'tsuffered an actual disadvantage due to late notice. And as one court said, "It would alsodisserve the public interest, for insurance is an instrument of a social policythat the victims of negligence be compensated."

A century ago, insurance policies were truly privatecontracts and judges avoided altering them.Many courts now recognize that insurance policies are no longer fullynegotiated agreements. Instead, theseare based on standardized forms with conditions dictated by the insurancecompany. Since these forms are now usedindustry wide, there really aren't alternatives for the consumer to tap into. But we live in a pro-insurer state, so let'sdig a little into this whole "notice" thing.
Your insurance covers a time period defined as either"occurrence" (for damages that happen during the term of the policy,such as a windstorm) or "claims made" (for when you are served alawsuit, not necessarily when an incident occurred). "Claims made" policies have becomemore popular for insurance companies. Ithelps them avoid losses from asbestos, environmental, and other claims havingroots in actions occurring decades ago.Among other reasons, the insurer isn't having to defend a previouscustomer from thirty years back, and can tack on stipulations to theclaims-made policy to limit covering similar events for new clients involved insuch items.
The claims-made version can be either "general claimsmade" (discovery policies) or "claims made and reportedpolicies" (reporting policies). Ageneral-claims-made policy may say something like, "The Insurer shall pay on behalf of theInsured on account of any claims first made during the PolicyPeriod." A claims-made-and-reportedpolicy may be something like, "The Insurer shall pay on behalf of theInsured all sums which the insured shall become legally obligated to paybecause of any claim or claims first made and reported to the Insurer duringthe policy period."
See the difference?General-claims-made versions often give you a longer window to place aclaim. While Georgia courts usually sidewith the insurer when it comes to determining the notification period, onoccasion something known as the "prejudice" rule comes intoplay. In this arena, prejudice meansthat delaying notification to your insurance carrier placed it at adisadvantage. It needs time toinvestigate, set aside reserves, and control or participate in negotiations ifit hopes to have the best outcome possible.
If the insurance company can show prejudice, it avoidscovering the situation even if there is a question about the late notification.
The take-away is this:As soon as you suspect a claim, notify your insurer. If your claim is denied, consult with yourAssociation's legal counsel. And mostimportantly, be sure to only use insurance brokers who regularly operate in thehomeowner association industry. You canlocate them at the Georgia CAI (Community Associations Institute) website. The first mistake many Boards make is cuttingcorners on costs by using an insurance broker who is not familiar with all theintricate pitfalls faced by HOAs. Aninexpensive policy fails you when you need it the most. Don't scrimp in this area. Posted byAccess Management Groupat2:08 PM14 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:Board,CAI,COA,Contracts,Directors,Education,HOA,Insurance,Liability Tuesday, May 17, 2016 Like A Good Neighbor...
Likea good neighbor...dah, dah, is there! Many of us recognize this popular slogan.So what defines a "good" neighbor exactly? They are many ways thatowners choose to manage their relationships with neighboring units. Let's takea moment to look at the more successful ways these relationships have beenmanaged.

New ownership is the best time for owners to make a good firstimpression. Some immediately introduce themselves to neighboring homeowners byvisiting their homes. While others, choose to write little courtesy notes withnotifications about pending work that will likely prove messy and disruptive tonearby units or homes. These small acts of kindness go a long way withbuilding a good rapport with new neighbors. There's a high probability inattached multi-family structures that an owner may have to one dayconfront an owner about a leak, noise, smoke intrusion, or any of the other itemsthat may come up. An initial good rapport will make these confrontations morepleasant and better managed if the neighbors are already starting from aposition of mutual respect.

Owners who have passed the new neighbor period can still strive for goodrapport with their neighbors. For example, if an owner is being disturbed by aneighboring units noise, then they have a couple of choices. Most ownerseither contact management or they confront the noisy neighbor directly. We've seen more success with owners who choose to politely address their noisyneighbor versus asking management to step in and address/handle. People are often a bit offended whenmanagement is contacting them with a report from an incident that took place acouple days prior and they are even more frustrated that management is notpermitted to disclose who the reporting party is. However, when an ownerchooses to confront a neighbor with an issue, it's often best if they introducethemselves and begin by saying "you may not be aware of this but...."or probably dont know or realize it but. The noisy neighbor will sometimesoffer their cell phone so the impacted neighbor can call or text if they hearfuture disturbances. Again, small acts of kindness go a long way.
The age old adage do unto others as you wouldhave them do unto you is very true. In communities, a strong rapport amongstthe neighbors is very important. Management often has to coach people throughthis process. People have diverse backgrounds with varied upbringing. Sobanging on the ceiling to make a neighbor be quiet is totally fine to some, orsmoking in the bathroom where smoke goes into a shared vent is no big deal, orallowing contractors to leave messy trails of construction dust in the hallwayis ok because they think the janitorial team will clean it. The GoverningDocuments, the Rules and Regulations, and community newsletters are designed toestablish these standards for everyone. So on-going education about thesestandards is crucial to having a successful, vibrant community!Posted byAccess Management Groupat3:11 PM40 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:COA,Common Areas,Confrontations,HOA,Neighbors Tuesday, April 26, 2016 Spirit Stick Beat DownHow does a stick become a carrot motivator? When its a Spirit Stick. This symbol evokes memories of high school peprallies and Friday night football. The sticktradition began in the late 1940s at a national cheerleading camp. One squad was not particularly good atperforming the moves, but always arrived early and stayed late, all day long activelyencouraging the other teams. Theirenthusiastic attitude had a dramatic impact on the spirit of the camp. For this, the camp coordinator created animpromptu award, a decorated tree branch, to recognize that squads positiveimpact.
We all hunger to see such enthusiasm in our organizations. But some groups have strange ideas of how toinstill spirit. An obvious example is somereligious or social gathering that gets mired in group-think. This mindset isolates and strangles theability to positively influence newcomers.
Introducing a newbie into your homeowners association,business, or a Georgia CAI committee is a matter of first impressions. Does your welcoming act include a thick listof rules? Greetings of Thou Shalt Not drownout any thought of benefits and rewards.Words are like rain: Hard onesdont soak in.
The ways conflicts are handled cement your groupsreputation as a bridge builder or burner.When a homeowner sends a ten-point list of accusations, the naturalreflex is a point-by-point response.That list of complaints serves to pull your emotional chain. Ignore the distraction. Instead keep your responses short, focusingon big picture items. Sometimes silenceis the best answer.
Conspiracies are an opportunity to quench the fires ofvolunteerism. Gossiping about pastconflicts with other individuals is unprofessional and leaves the hearerwondering what is being said about him or her.If everyone is out to get you, theres probably a good reason forit. Take a look in the mirror.
Self-absorbed personalities in an organization are also aturnoff. At best, they are daunting, orworse, obnoxious. Either result dampensspirits. Instead you should tout groupaccomplishments not yours. Self-importantpeople are only important to themselves. Tooting your horn about the organization isexpected. More often, let your actionsdo the talking. Keep your focus onencouraging the others to do their best, even those who might be competitors. Raising the standard of excellence for ALL creates opportunities for you andyour team. So walk softly and carry abig spirit stick.Posted byAccess Management Groupat12:42 PM4 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:Committees,Confrontations,Volunteers Tuesday, April 5, 2016 What Does the Architectural Committee Really Do?Are you getting ready to make an addition to your house orbuild a new shed or fence in your back yard? Before you break out the mitersaw, make sure to get your plans approved by your associations architecturalcommittee.
While it may seem arbitrary from an individual homeownersstandpoint, the architectural committee looks out for the entire community.Aside from stopping residents from painting pink polka dots on their houses,the committees job is to make sure that the size and style of the project, thetype of building materials being used and the overall look of the new structureadhere to the associations design requirements. Not only does this keep thecommunity looking cohesive, it also helps to keep property values up bypreventing individual structures from standing out. Of course, its also importantto note that unapproved structures might legally have to be removed at theowners expense, so save yourself money and headaches by getting approvalbefore building.
So when youre ready to start your new project, or if thedesign of your project changes midway through building it, send your plans tothe architectural committee first so that the committee can make sure theyre in compliancewith the associations design standards. If the committee does find any issues, they will letyou know what they are and try to help you come up with other options. The Association does appreciate all the hard work residents do (and have done) to make their homes and their community beautifulso help the Association keep your community looking great by keeping them in the loop on all of your building projects.Posted byAccess Management Groupat10:15 AM39 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:Board,Committees,Compliance,Covenants,HOA,Maintenance,Modifications,Restrictions Tuesday, March 22, 2016 Secrets, Secrets Are No FunAssociation members are welcome to read official associationdocuments. Theres nothing secret about the business of the association. Infact, you should already have copies of key documents like the bylaws or rules.Other common documents that are open for members to review include:Board meeting minutesInsurance policiesFinancial statements and annual auditsDeclaration and bylawsRules and regulationsCurrent contractsLeases and agreementsBallots and proxies
Here is typically how homeowners are able gain access to these documents(procedures may vary depending on your exact community):Send the board a request in writing specifying exactly what records you wish toreview, the date of those records and the purpose of your request.
The board will respond to your request within 30 days. During that time theboard or manager will locate the correct documents and get them ready for you.
The records you requested will be available for your review during regularbusiness hours at the managers office for 30 days after your request is processed.
The association will make copies of records for a reasonable fee.

Please do not request documents that infringe on the privacyof an individual like medical or personnel records. These are not publicrecords, and the association will not make them available. Salary informationis available in the aggregate, butnot for individuals. Some requests might also be denied if they involve ongoinglegal or contractual obligations that might expose the association board ormanager to liability.Posted byAccess Management Groupat3:46 PM4 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:Board,Bylaws,Covenants,Directors,Financials,Insurance,Meetings,Property Management Company,Property Manager (CAM) Tuesday, March 15, 2016 Homeowner Rights ">As ahomeowner in our association, you have certain rightsandcertain responsibilities. And its just as important to know both!
You havethe right to . . .

A responsive and competent communityassociationHonest, fair, and respectful treatment bycommunity leaders and managers.Attend meetings, serve on committees, and runfor election.Access appropriate association records.Prudent financial management of fees andother assessments.Live in a community where the property ismaintained according to established standards.Fair treatment regarding financial and otherassociation obligations, including the opportunity to discuss payment plans andoptions before the association takes any legal action, and the right to appealdecisionsReceive all rules and regulations governingthe community associationif not prior to purchase and settlement, then uponjoining the community.You alsohave the responsibility to . . .Maintain your property according toestablished standards.Treat association leaders with honesty andrespect.Read and comply with rules and regulations ofthe community and ensure that your tenants and guest do too.Vote in community elections and on otherissues.Pay association assessments and charges ontime.Contact association leaders or managers, ifnecessary, to discuss financial obligations and alternative paymentarrangements.Request reconsideration of material decisionsthat personally affect you.Provide your current contact information tothe association so you receive all information from the community.
Posted byAccess Management Groupat3:26 PM41 comments: Email ThisBlogThis!Share to TwitterShare to FacebookShare to PinterestLabels:Bylaws,COA,Financials,HOA,Meetings,POA,Property Management Company Older PostsHomeSubscribe to:Posts (Atom)Blog Archive 2016(14) October(1)New in the HUD May(2) April(2) March(2) February(3) January(4) 2015(35) December(2) November(3) October(4) September(3) August(3) July(3) June(3) May(1) April(2) March(4) February(4) January(3) 2014(46) December(2) November(4) October(3) September(4) August(4) July(4) June(4) May(4) April(5) March(4) February(4) January(4) 2013(48) December(3) November(4) October(5) September(4) August(3) July(4) June(3) May(4) April(5) March(4) February(4) January(5) 2012(50) December(4) November(4) October(4) September(4) August(4) July(5) June(4) May(5) April(4) March(4) February(4) January(4) 2011(28) December(5) November(2) October(3) September(5) August(4) July(5) June(3) May(1)Labels3rd Party ExpertsAccess Management GroupAmendmentsAnnual MeetingAssessmentsBankruptcyBoardBudgetBylawsCAICOACollectionscommCommitteesCommon AreasComplianceConfrontationsContractsCovenantsDeveloper ControlDirectorsEducationEmergencyFHA CertificationFinancialsFloodingForeclosureFraudGarnishmentGiving Back ProgramGoing GreenHOAIndemnificationInspectionsInsuranceLandscapingLiabilityMaintenanceMeetingsModificationsMovie/Television ProductionNeighborsPest ControlPetsPOAPoolsProperty Management CompanyProperty Manager (CAM)ProxyQuorumRentingRestrictionsRodent ControlSafetySecuritySubrogationTerminationTestimonialsTheftUtilitiesViolationsVolunteersWinterizationZoning/CodesSearch This Blog
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