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Ask the HOA Expert
Q&A |
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Business by Email Answer: Board business should be done at board meetings unless there is an emergency. The reasons are several: 1. Open
discussion of the issues (pro and con) The exception to these rules is when items have already been approved in the annual budget and the board president or manager are merely executing the approved deeds. Remind your board president of how HOA business needs to be transacted and that owners are entitled to an orderly process, open meetings, etc. If he is bent on doing business secretly (email, phone, door to door), run for the board and encourage other like minded owners to do the same with the objective of making a change. BACK
Wandering Pets Answer: Monitoring pet activity is extremely difficult. While some residents allow their dogs to roam, cat owners are usually the most frequent offenders. And roaming animals can come from other properties as well. Frequent reminders via newsletters is important. If there are quite a few resident pets and large grounds, you might consider installing pet waste stations that provide bags and disposal containers. Some cities have companies that will actually restock and pick up the waste on a regular schedule. Or the landscape contractor could include it in his list of duties. BACK
Controlling Structural
Renovation Answer: "Structural" means weight bearing modifications or anything that modifies exterior appearance. But for safety's sake, the Board should review all plans for wall removal and not assume that an owner knows which ones are structural or not. BACK
Commandeering Common Area 2 Answer: The board member's claim that permission was granted by the developer is not valid since the developer has no right to violate the governing documents or grant some right to one that is not enjoyed by all. The board should advise the offending member the practice should cease. BACK
Resident with Alzheimers Answer: If this person has family, they should be notified as soon as possible of the danger posed to both the relative and others in the building. If family is unavailable or unwilling to intercede, contact local social services for assistance. BACK
Withholding HOA Fees Answer:AUnless your state law specifically allows it, HOA fee payments cannot be withheld. It's simply too easy for someone that doesn't want to pay to find an excuse. The board and manager should be informed in writing of the specific repair request or other problem. However, in the case of an urgent repair request that the HOA has failed to perform (like a leaking roof that is damaging the member’s unit), the member might order repairs, pay for them and seek reimbursement. BACK
Window A/C Units Answer: While this varies from HOA to HOA, most do not allow them. They detract from curb appeal, give off heat, make noise and may promote dryrot from leaks. There are situations when the board should make an exception due to a documented health issue that requires AC. BACK Changing HOA Fee Allocation Question: Our governing documents are vague about how to allocate expenses among the unit owners. The board decided to base it on unit square footage. Answer: If the governing documents don’t specifically state otherwise, equal allocation of expenses is the default formula. The board has no authority to change the allocation formula. Only the members themselves have the power to change the allocation formula. In Oregon, HOA fees cannot be changed without a 100% agreement of the members. BACK Board Member Contractors Question: Can a board member bid on a project to clean the gutters or make small building repairs? We are having trouble finding qualified people to do the little things that need to be done. The present management company say that a board member can not be paid for work. Answer: Cleaning gutters is not the board’s job so the issue of payment does not apply. What does apply is the issue of conflict of interest. If a board member wants to perform work for the HOA, he should be properly licensed and insured to do it. If the remaining directors agree that they want to hire this person, he should step off the board to avoid an obvious conflict of interest. Do one or the other but not both. BACK Writing Minutes Question: I’m confused about what to include in meeting minutes. I always record motions and votes but am uncertain about including details of discussions. Answer: Details of discussions should not be included in the minutes. The minutes should only include details of reports and actions (motions and votes). BACK
Doctored Minutes Answer: Typically, annual meeting minutes are approved a year after they are written. If you have personal knowledge or a copy of draft minutes that vary substantially from what you just received, you have every right to demand that the minutes be corrected. Part of every annual meeting concerns reviewing and approving minutes. You should raise your specific concerns at that time. BACK
Manager Composing Agendas Answer: The manager works for the board and the board definitely should approve the agenda prior to distribution. The board president is usually the person that provides the information to the manager. The agenda, of course, needs to conform to the time allotted for the meeting. BACK
Manager Hour Limits Answer: No HOA management agreement provides for unlimited services for a set fee. They are generally based in providing routine services and the average time it takes to accomplish them. Even though there is not a specific number of hours quoted, that is the reality on how management fees are determined. If the company is consistently running way over the initial time estimate, either it will raise its fee or quit because it’s not making any money. The board needs to be judicious in use of manager time. The manager, in turn, should be candid with the board when manager time is being overused or abused. BACK |
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