Answer: With many ballots to count, preparation is essential. The ballots should be preprinted with names of all candidates and a checkbox next to each. A couple of blanks should be left for nominations from the floor at the meeting. After the ballots have been completed, they should be collected by the election tellers (none of whom should be running for election) and divided into equal parts.

Using several teams of two, one reading the results and the other tallying, ballots can be counted simultaneously by the teams and the final tallies from each team can then be added together for the final results. A Head Teller should check the math, circle the name(s) of the winner(s) and hand the results to the Board President to announce. Using this technique should allow the process to be completed in 5-10 minutes during which other business can be handled. The counted ballots should then be batched and stapled to the tally sheets and retained in the annual meeting file should questions about the election arise.  BACK

If the Board has enacted broader architectural design restrictions than are found in the governing documents, these need to be made known in writing to all owners. It is not fair or reasonable to expect owners to know these things by ESP. Also, such restrictions need to be reasonable. If your proposed enclosure is not visible from the street, what difference should it make to the Board or the neighbors? Based on your description, this restriction does not seem reasonable and unless the Board can produce an Architectural Design Policy that specifically prohibits it (and the reasons for it), I believe you should not be restrained from moving forward.   BACK

Answer: As long as the purchases are legitimately for the HOA, it's probably okay. However, normally they should be billed to the HOA and paid by check so the record is clear about what was bought and why. It will also keep the record straight for warranties that are included with the purchases.

If the materials are being charged to this card so the director gets air miles or some other perk, it is not acceptable. This is a conflict of interest and constitutes compensation for a director who is not supposed to receive any.  BACK

Answer: Your satellite dish restrictions violate federal law and the governing documents should be amended to comply. An amendment like "Satellite dish installations are subject to guidelines outlined by the Federal Communications Commission which allow the HOA to control the size and location of these devices." would probably work. (FCC Satellite Dish Regulations can be found in the "Statutes" section.)

Philosophically, the HOA should encourage conservation. Some states like Nevada and Alaska do not allow restrictions of solar panels and other power generators. The HOA may be required to allow them and in highly visible places (although not necessarily on the HOA maintained roof). The HOA can require that all such installations be professional and as unobtrusive as possible. Of course, the number of sunny days drives the cost effectiveness of solar panels. If you are in a sunny location, check into the state requirements and be prepared for those that want to use solar panels. As utility costs rise and solar equipment cost falls, it’s likely to become more popular in the future.  BACK

Answer: This situation happens frequently with HOAs that have little common area. There simply isn't much going on. In common wall communities like condominiums, going without a Board would be disastrous. There are bills to pay, assessments to collect and services, rules and standards to oversee.

The volunteer problem also happens to self managed HOAs when the scope of work is a full time job.  It simply isn't reasonable for a few unpaid and untrained volunteers to pull this heavy load. Besides, no neighbor should have to collect money or enforce rules on other neighbors. Getting professional management is the answer. A professional HOA manager can take on these tasks and is available 24/7 to respond to emergencies. With a well defined scope of work for the manager, the Board should only have to meet periodically to review the manager's work. This makes being on the Board much more manageable and enjoyable.  BACK

Answer: Yes, the Board can and should enact a policy on hours contractors are permitted to do work when the work interferes with the residents' quiet enjoyment. 9 am to 5 pm is the usual time frame granted. Sunday is often a No Work Day. Of course, the Board also has the right to know and approve repairs that impact the home exterior or landscaping if there are architectural restrictions in place. Building structural issues come into play if the property is a common wall community. Once the policy is enacted, it's up to the owners to control their contractors by advising them before they bid the work.   BACK

Answer: It would be unwise (and maybe contrary to the governing documents...check them out) for an association of this size to self manage. I advise professional management for even the smallest associations because the responsibility is 24/7/365. And most volunteers like to take vacations, don't like to get nasty phone calls and are reluctant to enforce rules and collections on their neighbors.

While the issues with your current manager may be valid, that doesn't mean there aren't other competent managers. Has the Board detailed the shortcomings and given the current manager a reasonable opportunity to come in line? This is only fair. Often Boards expect things that aren't even included in the contract and then get angry when they're not done.

If they have been specific and fair with the current manager and not gotten results, they should begin the search process using the Manager Screening Checklist in the "Manager Issues" section. This will assist the Board to quantify the services it wants the new manager to perform. Then, only managers that specialize in managing homeowner associations should be interviewed. References, as always, rule.   BACK

Answer: If the member list is typically not made public due to privacy concerns, you should not release it now. The same would be true of collection records and other highly sensitive documents. Simply explain the policy and advise that the county tax assessor and title companies keep public records of property owners should they choose to investigate further. If, however, the member list has been made public previously, you should do so now except for members who have requested that their information not be disclosed.

When campaigns like this get started, it's not unusual for members to demand copies of documents and explanations of various board activities. You are under no obligation to spend time researching records or justifying actions taken to everyone that demands it.  But, except for highly sensitive information, members are entitled to review HOA records. Inform those that demand information that they are welcome to review non-sensitive records during normal business hours. If copies are desired, they will be expected to pay the normal copy charge.

As far as being grilled by an irate member, you can inform them they have the right to call a special meeting if ____ members (check the governing documents for the number required) ask that a meeting be held. That request should be in writing, clearly describe the subject matter of the meeting and signed by those members who would like it to take place.  If the required number of signatures are gathered, schedule the meeting and prepare to face the music.   Remember, though, that if the petitioners intent is to recall the Board or a particular director, a majority of the members must be represented at such a meeting in person or by proxy (unless the governing documents indicate otherwise).  Otherwise no legal recall can take place and it will be only meeting for airing grievances and disseminating information.

Stay as neutral as possible and don't get caught in the trap of withholding information that should be made available or road blocking a member’s right to criticize. You’re much better off facilitating an organized platform for airing grievances, than permitting trash talk behind your back.    BACK

Answer: HOA authority comes from the governing documents and state statutes governing HOAs.  Subsequent policy that the Board adopts in compliance with them. The ARC is accountable to the Board and has limited authority. You have the right to request that the Board review and modify the policy and standards, especially if there is a compelling reason to do so.    BACK

Answer: This is a problem as ancient as the Human-Dog partnership. Besides sending personal written warnings about "policing" to the offending pet owners, it helps to circulate general notices several times a year about the subject so that everyone is aware of the problem. These notices help deter some that feel they are being watched by neighbors. If it doesn't, the next step is to hire someone to clean up the mess and rebill the offending pet owner (or the landlord if the pet owner is a renter). For this, eye witness verification is required.

Keep in mind that pets wander from other neighborhoods and could be at least part of the problem. As Peter Sellers said, "It's not my dog".  It may just be something that you put up with.   BACK

Answer: The Board's authority to make rules is found in the HOA's governing documents. When a rule is enacted, it should be absolutely necessary to address an ongoing problem, recite the problem it proposes to solve, include a penalty for violation and an appeal procedure. The Board can ban certain kinds of wheeled recreation if there is a compelling reason to do so. Acrobatic skateboarders often damage property and create noise disturbances. They often travel in packs so the rule may be related to deterring gang activity. But, whatever the Board’s motivation, it’s always best to circulate the proposed rule among the members for comment. Failure to do so invariably fuels criticism and resentment.    BACK