AHN PA Iss. #4-2018

www.AssociationHelpNow.com Issue 4, 2018 AssociationHelpNow Resources for Community Associations and the Businesses & Professionals who serve them. ™ PENNSYLVANIA Read by Pennsylvania HOA Board Members and Managers

“In the case of pool rules...via the Fair Housing Act, you cannot discriminate Dealing with Residents Who Have Alzheimer’s or Dementia By Alyssa Gautieri

HOA Qualified Management Companies

on the basis of gender or age.”

“...an association should become

involved if an action or issue is potentially dangerous for the individual ... or to other residents...”

Using Best Email Practices Within Your Community Association By Sherri Hall

W ith email often being the primary method of communication today, it’s important for com- munity association board mem- bers and property managers to stay informed of best practices when it comes to email trans- missions. If a lawsuit arises, re- lated emails may need to be disclosed and therefore, associa- tions must be aware of proper protocol. We spoke to Attorney Sara A. Austin of Austin Law Firm LLC in York, Pennsylvania to gain some insight into these best practices regarding associa- tion emails. According to Austin, law- suits can occur for any reason, such as issues from when the developer turned over con- trol to the owners, concerns regarding the enforcement of covenants, problems with a specific vendor, threatening behavior and more. “And in these cases, there are so many ways emails could be rele- vant,” she explained. Austin noted that there are no laws in place that protect board members and property manag- ers from disclosing emails in the event of a lawsuit. But, even though there are no laws, that doesn’t mean certain emails should be disclosed. Emails that are relevant to the lawsuit are the only ones that should be disclosed. “Emails that are to- tally irrelevant should be kept private,” said Austin. In addition, personal infor- mation found within emails

CONTINUES ON PAGE 12. According to Austin, emails might also be requested out- side of discovery. “For exam- ple,” she said, “emails may be needed during one of the pleadings, such as if the com- plaint is alleging a fact that “...there are no laws in place that protect board members and property managers from disclosing emails in the event of a lawsuit.” should also be kept private in the event of a lawsuit. Austin explained that in Pennsylvania, the Public Access Policy re- quires that certain confidential information be redacted or not disclosed at all. However, information that is relevant to the lawsuit, includ- ing that within emails, can be required to be disclosed through a process called discovery. According toAustin, “discovery is the process of obtaining in- formation, such as documents, testimony, etc. that is either rel- evant to the action or could lead to relevant information.” She explained that with re- gard to emails in particular, they may be used to respond to interrogatories (questions) or produced during a request for production of documents, request for admission or a de- position.

ATTORNEYS: Ansell Grimm & Aaron, PC...................5 Clemons Richter & Reiss, PC...............8 Stark & Stark........................................7 Steven L. Sugarman & Associates..... 10 Young & Haros, LLC........................... 12 ENERGY PROVIDERS: PECO...................................................6 ENGINEERS: Berman & Wright Architecture, Engineering & Planning, LLC............. 13 DW Smith Associates, LLC..................8 The Falcon Group - Engineering, Architecture & Energy Consultants..........2 FWH Associates, PA.......................... 14 neighbor has been exhibiting strange behavior — such as leaving groceries in the hallway hours after returning home and forgetting residents’ names dur- ing small talk. One day while sitting in their unit, the resident begins to smell gas. They walk over to the neighbor’s unit, and notice the door was left un- locked. As they slowly open the door, the smell intensifies. With A friendly resident within a condominium has be- gun to notice that one

INSURANCE: Community Assn. Underwriters...............9 NFP, Property & Casualty........................6 Smith Insurance.......................................3 LENDERS: Alliance Association Bank..................... 7 Mutual of Omaha Bank, Community Association Banking / CondoCerts......5 National Cooperative Bank....................15 MAINTENANCE / JANITORIAL: Planned Companies.............................4 PROFESSIONAL / INDUSTRY ASSOCIATIONS: CAI PA & Delaware Valley Chapter... 11 worry, they quickly alert man- agement. What happens next? For residentswithAlzheimer’s or dementia, it is not uncom- mon for potentially dangerous situations to arise. At what point does an association have a legal responsibility to intervene? In order to address such situ- ations, we spoke with J. David Ramsey, attorney for Becker & Poliakoff, LLP, to discuss the best practices for dealing with residents who have Alzheimer’s or dementia.

CONTINUES ON PAGE 14. However, there may be less serious instances where the association should become in- According to Ramsey, an as- sociation should become in- volved if an action or issue is potentially dangerous for the individual with Alzheimer’s or dementia, or to other resi- dents — whether it’s caused by a resident who forgot to turn off the stove, accidentally started a waste can fire or left items in a common area that created a tripping hazard.

INDEX OF INDUSTRY LEADERS

PROPERTY MANAGEMENT: Access Property Management......... 11 ACRI Realty.......................................5 Arnheim & Neely Inc..........................9 Associa............................................... 15 DelVal Property Management............. 10 MICO Management............................ 13 Property Management, Inc.................. 14 Robert H.Wise Management Co., Inc...12 RECONSTRUCTION / RESTORATION: Accurate Reconstruction....................... 4 SECURITY / CONCIERGE: Planned Companies............................. 4

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