Maintenance Duties

One vital aspect of association life is maintenance duties. These duties are generally described in the association’s CC&Rs. The CC&Rs will generally describe what components the association and owner, respectively, are responsible for maintaining, repairing and replacing. Many associations also have a maintenance matrix that clearly identifies components and who bears the responsibility.

Minutes

The association’s written historical record of actions taken by the board of directors at meetings. Generally, minutes need not contain anything except the date, time and location of the meeting, the attendees, and the official motions, but some associations add some amount of the discussion in support of the motion. Minutes are to be preserved forever as the association’s permanent record. See Records.

 

Manager/Managing Agent

A manager of a common interest development is a person who “for compensation, or in expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity” of providing these services (Bus. & Prof. Code §11501). A real estate license is not required to be community association manager.

Mobilehome Associations

A term generally applied to associations of tenants within a mobilehome park or community which does not qualify as a common interest development. While there are some common interest developments wherein the dwellings are mobilehomes, many mobilehome communities are either rental communities or converted, resident-owned communities which are not common interest developments (typically because they lack recorded CC&Rs or maps.)

Manager Certification

Association managers are not required to have any particular state-issued license, but there are industry organizations (CAI, CACM) that issue certifications to qualified individuals who meet the organizations’ requirements of experience, education and knowledge. These certifications indicate the manager’s experience and expertise in managing common interest developments. Some of the current certifications include CAI’s “Professional Community Association Manager”(PCAM), and CACM’s “Certified Community Association Manager” (CCAM).

Mortgages

As a condition to granting a home loan for a property within an association, most mortgagors will require the CC&Rs to contain mortgagor protections, such as a statement that a lien on a first mortgage has priority over assessment liens and the mortgagor’s right to notice and approval of certain matters, including the termination or abandonment of the association.

Mechanics’ Liens

Mechanics liens are involuntary security interests in real estate that a licensed contractor can record with a county recorder and then file a lawsuit to foreclose upon to get paid. These liens are an extremely powerful remedy that contractors use to obtain payment for materials they supply or work they perform on a private work of improvement. Therefore, it is extremely important that associations not pay contractors without first obtaining necessary releases of mechanics lien rights.

Motions

The parliamentary procedural means by which the board of directors takes action at a meeting. Once a member proposes a motion, it must be seconded and approved by a majority of members present in order to become effective. Approved motions should always be noted in the meeting minutes. See Parliamentary Procedure.