opportunity for participation by owners in the development of the budget . Further , ARC opposes laws that would mandate how community associations fund and maintain reserves .
04
RISK MANAGEMENT AND INSURANCE ARC supports the implementation and maintenance of an effective risk management programme by all member communities . ARC believes that an effective risk management programme can best be achieved if associations and their governing boards work with recognised community association professionals . ARC further believes that a comprehensive association insurance programme must focus on meeting a broad range of legal requirements while recognising that the governing board is the ‘ trustee ’ of the owners in insurance matters . This programme ( collectively , risk management and insurance ) requires that risks of loss be fully evaluated , and that funding for such loss ( whether by commercial insurance or self-insurance ) must be completely analysed .
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DEBT COLLECTION PRACTICES AND CLEARANCE CERTIFICATES ARC supports effective , fair and reasonable collection methods according to properly established policies dealing with arrear levies , special levies and penalties , and opposes any government limitations on the ability of HOAs to pursue such methods . ARC also supports reasonable procedures to accommodate owners experiencing temporary financial difficulties . ARC opposes any claim that an HOA does not have a real right to issue levy clearance certificates on all transfers of property , including forced sales .
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HOME OWNERS ’ ACCESS TO INFORMATION ARC supports all owner rights to information , in accordance with the Promotion of Access to Information Act . ARC opposes any instruction by any party to provide them with a member database of any community , beyond a simple member register .
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RELATIONSHIPS BETWEEN ASSOCIATIONS AND OTHER ENTITIES ARC supports an integrated approach to the branding , communications and marketing strategy for the community industry , while respecting the right of individual communities to maintain their own strategies .
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DISPUTE AND CONFLICT RESOLUTION ARC recognises the need for , and supports the use of , internal and neutral alternative dispute resolution mechanisms to resolve disputes arising in community associations in appropriate cases . ARC opposes any legislation enforcing dispute resolution processes if an HOA has in place its own mechanism that complies with the industry policy .
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RULES DEVELOPMENT AND ENFORCEMENT ARC supports legally sound , fair and equitable rules development and enforcement procedures in community associations . ARC opposes penalties that are excessive and punitive .
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PROTECTION OF ASSOCIATION VOLUNTEERS AND PRESCRIBED OFFICERS ARC supports protection against unwarranted legal liability for volunteers serving as members of a community association board of directors , prescribed officers or committee members , to enable them to make responsible judgments without fear of personal loss interfering with the judgment or decision-making process .
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CONTRACTING WITH SERVICE PROVIDERS AND ESTATE AGENT ‘ REGISTRATION ’ ARC supports the best practice document relating to service providers and estate agents . ARC also supports approval fees that are fair and equitable . ARC opposes practices removing the rights of owners to choose an agent and the rights of an agent to conduct business within the rules and regulations of the HOA but according to accepted industry norms .
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MANAGER LICENSING AND PROFESSIONAL DESIGNATIONS ARC encourages the national certification of community association managers . ARC opposes the licensing of community association managers as real estate brokers , agents or property managers .
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AESTHETICS , ARCHITECTURAL AND BUILDING GUIDELINES ARC opposes all attempts at national and local levels to enact laws or regulations that ignore or negate the economic importance of the implementation of aesthetic controls in the residential community industry , including architectural and building restrictions .
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CONSERVATION , SUSTAINABILITY AND THE ENVIRONMENT ARC supports environmental and energy efficiency policies that recognise and respect both the legislative framework and the contractual obligations of community association residents , as the best mechanism to enact sustainable environmental policies .
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