Association issues for future thought

As we all know, things are changing so fast it is hard to keep up with all of the changes going on around us; politically, technologically, in education, entertainment, transportation and yes, even condominium living.

There are significant issues that we do have to address in the near and intermediate future and although there are no solutions now, we do need to be prepared as they arise.

Immigration

A hot topic politically, and one that gets people's pulse racing, does impact association living with respect to risks and liabilities. Since the Department of Homeland Security and INS have begun cracking down on illegal immigrants, questions arise regarding an association's exposure for employing illegal immigrants.

What duty does a board have to conduct a diligent inquiry? Should proof of citizenship or a green card be mandatory? What is the individual exposure of directors and officers for having knowledge? Are they guilty of a crime if this is discovered?

There are no clear-cut answers to these questions, just yet, but it is time to start thinking about them, as well as actually addressing them.

Handicapped and Disabled Rights vs. Rights of Privacy:

There are myriad statutes and codes on the books at every level protecting the rights of the handicapped.

We have a rapidly aging condominium population. What is the duty of an association to make diligent inquiry into a person's health status, ability to live independently and not be a threat to themselves or the health, safety and welfare of the other residents?

What are the rights of an individual to have unimpaired use and enjoyment of their home and the protection of their fundamental right to privacy?

What happens to the conscientious board that tries to find a middle ground and gets sued by an unhappy owner who has been harmed or subject to a nuisance from a neighbor with lucidity issues?

Boards of directors are going to have to address these issues in policy manuals, using common sense, but without stepping outside the bounds of the law.

If you create separate but equal accommodations for certain people due to their infirmities or disability, is that enough, or is that discrimination? Right now it is, but some common sense has to be applied in addition to consideration of the economics.

Statutes

Does the law, as written best protect the owners, the board, the property, the managers or the developers? Do associations as entities practicing democratic self-government really work?

Is maintenance-free living a myth?

Should there be an Owners Bill of Rights? Do boards need better protection from liability and the tyranny of the mob at the open meeting? Should managers be regulated and licensed?

Should developers and even public bodies be more accountable for shoddy workmanship and code violations? As the pristine properties of the 1970s and 80s start to erode, there has to be a qualitative analysis of the quality and cost of construction standards used. As these properties continue to age and hundreds of millions of dollars are poured into them to keep them standing and livable, would it be better and cheaper in the long run, to knock a building down and rebuild it from scratch than to repair it? Where is all the money going to come from to pay for all these repairs; from an ownership that is already hard-pressed to make ends meet, or an endless stream of bank loans?

Communications

As we become more plugged in, we become more remote and distant. Will meetings evolve into videoconferencing and chat rooms? With mail-in and ultimately e-mail balloting, will anyone ever want to come to a meeting again? Does every association now need a Web site to keep in touch with the owners? Can associations become paperless?