7.11 The Duties of a Community Association Manager

• Library: South Carolina Community Association Law: Condominiums and Homeowners Associations (SCBar) (2019 Ed.)

7.11 The Duties of a Community Association Manager

A professional manager has duties that may be separated into four categories: administrative services; financial services; maintenance and management of the physical property; and, obtaining, and keeping in force, proper insurance.⁶⁶

The administrative services for which a manager is ordinarily responsible include a variety of "mechanics."⁶⁷ For example, it is usually the manager who is responsible for making certain that the council of co-owners complies with any procedural requirements for council and governing board meetings by providing meeting notices and agendas and preparing any proxies or ballots that are needed. Managers usually maintain the current roster of the owners and any other registers or schedules that are required by the governing documents. The manager will probably keep all or some of the council's official records: the documents — including the master deed, articles of incorporation, and bylaws — and administrative rules and regulations; outstanding contracts and policies of insurance; meeting minutes; and, official correspondence. Managers also generally guide the governing board in administering the governing documents,⁶⁸ developing policies and procedures, and performing such obligations as identifying maintenance needs and locating and evaluating appropriate service providers.

The financial services performed by a manager may be extensive. Most managers will prepare the council's annual budget and monthly financial statements,⁶⁹ maintain the council's checking, savings and other accounts, pay the council's bills,⁷⁰ collect assessments or other charges from the apartment owners, mail delinquency notices, and maintain the financial records.⁷¹

Managers are usually responsible for the maintenance and management of the physical property. This includes routine housekeeping, upkeep and repair of mechanical equipment — elevators or heating and cooling systems — and plumbing, and care for landscaping and for recreational facilities. The manager will ordinarily help the council find service providers and additionally may conduct regular monitoring and evaluation of the work of those providers. In larger communities, housekeeping services are frequently provided by a full-time maintenance person who may be an employee of the council or of the manager's company.⁷² Risk management is a related responsibility. To assess risks, a manager should conduct regular property inspections to look for potential dangers or maintenance problems. A periodic inspection can reveal hazardous conditions that could subject the council to legal actions and can save the council money by uncovering maintenance problems before more costly repairs are needed.⁷³

It is essential that a horizontal property regime have adequate insurance coverage.⁷⁴ Governing board members may not be familiar with the kinds of insurance required either by law or practical need. A manager will usually help the governing board identify its insurance needs and locate insurers — usually through a broker — that offer the coverage that is needed.⁷⁵ Therefore, a manager...