A POLICY OF INCLUSION

It never ceases to amaze me when I overhear association owners and Board members talk about dealing with “renters” or “tenants.” As an outside observer overhearing the tone, tenor and content of some of these conversations and comments, one would think that “renters” or “tenants” were the scourge of the earth or at best, second class citizens. At times, actions taken by associations toward “renters” or “tenants” have bordered on discrimination and other cases actually were discrimination. There have been cases I have observed in which “renters” or “tenants” have acted out in ways to fulfill those negative vibrations to the detriment of the association. In some cases, “renters” or “tenants” have retaliated against certain treatment by the association in very unpleasant actions in which the “renters” or “tenants” prevailed.

What is an association to do? It is clearly the association’s responsibility to manage the relationship, and that should begin with a policy of inclusion. The best place to start is to dump the labels of “renters” or “tenants” or whatever favorite less than positive reference an association may be currently using to identify them and go with “residents” for everyone who resides on the property of the association. If a differentiation of terms is required when communicating with each group, try “for residents who own” and “residents who lease.” As a lead-in for communications with each group, use the specific clarification required, then shift to the use of residents only. Or, use your own variation on the theme.

Individuals who lease within a community association in general are no different than those who own units. A neighbor is a neighbor, good or bad, no matter whether they own or lease their unit. These residents can bring a lot to the table for the association if given the opportunity. People lease for a variety of reasons, not just for financial reasons. If associations reached out to residents who lease, they may be surprised to find there may be a very talented group of individuals living in their community who are interested and willing to volunteer their time for the benefit of the community. Associations who are on the lookout for new Board or Committee members may have untapped resources within their community.

Next step is follow-through. Establish policies that include residents who lease. Amend your Documents as necessary to include these policies, and then communicate the policies.

Some suggested policies are:

• Allow and encourage residents who lease to serve on Committees.
• Allow and encourage residents who lease to serve on the Board, provided the majority of Board members are residents who own.
• Communicate these policies and document provisions to realtors who are involved in leasing units.
• Communicate these policies and document provisions to residents who lease their units.

Some suggested document amendments are:

• Require that leases be in writing.
• Require that leases contain a provision that the lease is subject to the documents of the association.
• Include a copy of the association’s documents as an exhibit to the lease.
• Require that a copy of each lease be on file with the association.

Then communicate all of the above to all residents again and again and again, as well as actively implementing the policies.

The impression that managing a community association does not take effort and work is misguided. It not only takes effort and work, at times, it takes nerves of steel.

A policy of inclusion will do “what can be done.” The rest is up to the residents of the community to put it all together. There are no guarantees but doing something in this case is better than doing nothing.

Al Griffiths, PCAM is the owner of Whitney Management & Maintenance Co. based in Hamden. His firm is the only AAMC certified company in Connecticut. Al frequently speaks at CAI-CT education programs.