W
illiams Pickens, the famous, turn-of-the- century orator and essayist, said in a speech in Oak Park, Illinois, in 1932, “living together
is an art.” Although Mr. Pickens’ quote predates most condominium, homeowner, townhome associations, nonetheless, it is an apt description of association administration. Self-managed associations understand this better than most. The truth is, boards of self- managed associations often find it challenging to balance the corporate requirements of association administration with the more practical concerns of living in a shared space with neighbors. Arguably the most challenging part for a self-managed association board is knowing when it’s time to bring in a professional to assist.
In this article we’ll explore when a self-managed association can safely navigate the rough waters of a legal issue solo and when it is better served consulting a knowledgeable attorney.
“Self-Management” Takes Different Forms - We note here that the size of a self-managed association can vary greatly. Self-management is not reserved solely for only the small associations. Large, sprawling condo and homeowner associations are sometimes self-managed. The type of self management and size of the association will be factors affecting the legal needs of the association, which determines when the association should retain the services of an attorney. There are essentially two types of self-management. The first is where the association hires an individual (or individuals) as direct employee(s) to administer the association under the direction of the board. The second is where the board itself – sans manager - takes care of all the association’s business and administration itself.
Whether the association directly hires a property manager or is managed by the board, the experience and sophistication of the individual or individuals in charge
By Nicholas P. Bartzen, Esq. of Altus Legal LLC
www.cai-illinois.org • 847.301.7505 | 41
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