THE FLORIDA HOA & CONDO BLOG

No Exception to the Rule

By Darlys Walker

Published November 7, 2012

As a CAM, we always recommend that our board seek "legal opinion" before implementing a screening procedure for their community.

Most by-laws are extremely vague on this matter and the potential liability is huge.

Once the Board and their legal counsel have in fact determined the level of rights they have, the Board and CAM need to develop a comprehensive procedure that must be applied to EVERYONE, without exception.

Far too many times we see Boards make an exception that can easily result in a fair housing or discrimination lawsuit.

As Humans, its our nature to feel sympathy for individuals who may be experiencing difficult situations.

For example, an Association has offered a qualifying protocol that clearly states, "NO persons convicted of sex offense may rent or occupy a unit."

A very active homeowner who has diligently worked for the betterment of the community requests that the Board waive this qualifying standard, as she is moving and would like to rent her unit to a member of her church who is a convicted sex offender. This individual was convicted at the age of 17 for sexually activity with a 15 year old. "They were just kids and now the are in their late twenties and they may both be happily married now" ...BUT if the Board makes the decision to allow this one infraction of their qualifying standards, they may have weakened the platform and likely could end up in a discrimination suit by someone they rejected.

Seeking legal counsel and implementing procedures, without exception can greatly reduce the Associations liability.

Darlys Walker

Darlys Walker, Founder and CEO of Condominium Concepts Management, Inc. (CCM), is recognized for her straight talk, subject matter expertise, and valued insights regarding real

state management, leasing, and HOAs. Her company serves a diverse portfolio of properties, from 16-units up to 600 as well as large mixed-use developments.

From its beginnings in 2000, CCM has become a well-respected asset manager and now works with over 100 associations with 16,000 units served by over 300 employees. Darlys and her team deliver resources and responsiveness through six regional offices - in Orlando, Miami, Jacksonville, Charleston, Nashville and Atlanta.

Darlys Walker is best known for her passion and precision, understanding that the only difference that matters in today's demanding marketplace is service delivery ... doing what is promised and what is right. She knows that every community serves two masters ... the property owner/developer and the resident/homeowner. "If we are not equally responsive to both, we are not doing our job," she states.

Her clients say it best: "Darlys really knows her stuff" ... "at the top of her profession and it shows in the caliber of her clients" ... "delivers quality resources that match up well with needs and expectations that are really rigorous."

She is a licensed Real Estate Broker in four states, holds an Associate's Degree in Marketing and has earned the Accredited Real Estate Manager designation from the Georgia Institute of Real Estate Management. Also she is one of few certified as a Lead-Based Paint Abatement & Removal Trainer in Georgia.

Darlys Walker and her team have been selected to manage the condominium conversion process and day-to-day operations for many of the Southeast's most high-profile condominium communities including luxury high-rises, mid-rises and garden-style homes. Most recently she has been recognized as an expert in 're-versions' of communities from condominiums to leased homes, as well as repositioning projects. A visionary and a tireless perfectionist, Darlys demonstrates hands-on leadership, working individually with each client and staff associate to achieve defined business outcomes and satisfaction.



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For more information about Darlys Walker and Condominium Concepts Management, Inc. please visit www.condominiumconcepts.com.