Over the last 20 years, when things go wrong at condo complexes, I often get a call to provide solutions. Sometimes the call comes from the property manager and sometimes it is from a member of the board. Sometimes the call is from a unit owner. These types of inquiries remind me there is often confusion over the roles and responsibilities of the parties involved in condo living.
From my experience, often the real hero of a successful condominium community is the property manager. This manager is the glue holding together the many elements making up a modern condo. However, the property manager is not responsible for everything, despite how it seems sometimes.
MANAGER ROLE
Let us first consider the typical property manager responsibilities:
Financial Management: Preparing the budgets for the board; preparing statements and tax returns; collecting fees from the owners; paying for services; maintaining the reserve funds; and scheduling audits to ensure financial transparency between the owners and the board.
Project Management: Overseeing maintenance and repair of common assets; preparing and overseeing service contracts; hiring condo personnel; and ensuring project schedules and work scopes are accomplished.
Operations Management: Overseeing the daily operations of the complex; ensuring the facilities are safe for both owners and persom1el; and connrmiJ1g board policies are followed.
Communication Management: Provide meetings and newsletters to keep unit owners abreast of the condo’s status, serve in the role of liaison between the board and the owners, and address owners’ concerns.
Conflict Management: Monitor conflicts developing between the board and unit owners or between owners and provide the initial interpretations of rules and regulations to avoid simple conflicts from rising to legal actions.
Problems arise, however, when issues develop that should be dealt with by the board or between unit owners themselves and the property manager is dragged into the matter.
BOARD ROLE
When conflicting issues develop between unit owners, the board should have policies in place stating the manner and procedure of how conflict between unit owners should be resolved. When this process does not resolve the issue, the matter should be presented to the board – not the property manager. Examples of typical unit owner conflicts are:
Plumbing: Piping leaks or drainage problems between units should be overseen by the owners or their respective insurance companies. Only when common elements are damaged should the property manager be involved.
Pest Infestations: Unsanitary or other conditions in one unit can cause a pest infestation to spread to adjacent units. The board should provide instructions on how to avoid this problem and how to promptly manage it when it does occur.
Noise Complaints: Excessive noise from nearby units is a common issue in condo life. Complaint procedures and protocols should be in place to quickly resolve the matter with all parties. This can come in the form of eliminating the noise or suppressing the volume.
Odor Complaints: Unpleasant odors can occur in close living conditions occasionally. When these odors persist for extended periods, the board may need to investigate the odor source and review the options to eliminate the problem.
HVAC Issues: Depending on the HVAC systems in the complex, some systems provide independent conditioned air while others have units more interconnected. The board will have to determine whether the equipment is malfunctioning or system changes are required.
Parking Conflicts: When parking space conflicts arise, the parking rules established by the board should be enforced by the board.
Privacy Matters: The unit owners should resolve this issue with window curtains or blinds as needed or the addition of sound-proofing materials.
Rules Violations: Consistency in enforcement of the stated rules is often the best solution and the board needs to promptly address the matter when it arises.
A well-run community is dependent on a property manager who is not distracted by unnecessary issues that are more effectively managed by the board or the unit owners themselves. This may require a change in the culture of the community and its prior practices, but the change wil pay dividends for all to benefit.
JACK CARR, E., LEED-AP,
SENIOR VICE PRESIDENT AT CRITERIUM-ENGINEERS IN FREEPORT, MAINE AND A MEMBER OFTHE CONDO MEDIA BOARD.
MAY 2024 CONDO MEDIA