Ask the Expert

Marjorie Jean Meyer, CMCA®, PCAM®
Vice President and National Director of Education and Certification
ASSOCIA

In the event a sitting board member resigns, dies or otherwise vacates their board seat our By-Laws provide that the remaining directors appoint someone to fill their unexpired term. Does anyone have a written policy that outlines how that process should take place?

One or two of our present board members feel such a policy is necessary. In some instances past boards have appointed the person receiving the next highest number of votes in the previous election in other instances they have appointed a capable member of one of the Board's many committees. I do not want to limit the board's authority to appoint who ever they feel is qualified but if possible would like to satify the few board members who feel a written policy is appropriate. Thanks.

- Peter K.

I've spent an hour or so scouring my resources and Google, and much to my surprise did not come up with even one resolution addressing the actual process of filling vacant seats on HOA boards. It seems that few boards actually formalize the process and, instead, either depend on historical habits when the situation arises, or come up with creative new methods to select replacements for board vacancies.

Since you're a member of both CAI's Legislative Action Committee and Large Scale Managers group, why not send a query to both listservs to see if one of your colleagues may have just the form for you? I'll keep looking, too, and will let you know if I find something.

Very sincerely,

Margey

This question is in regards to annual meetings and elections:

If nominations are closed as of date "Y", does the property manager have the right to contact owners and solicit them to run for the board after "Y"? One excuse I heard was - "we still have one opening and need to get it filled, will you run?" Although the statement may be correct, this would put a negative effect on anyone that missed the prescribed nomination date of "Y" to be nominated from the floor. Because the solicited person is on the ballot, they might receive 40 votes from the balloting process. The person(s) being nominated from the floor would be at a disadvantage because there might not be enough uncast votes from the owners present to exceed the 40 votes the solicited person received. Awaiting your answer.....

- JR

Most homeowners associations' bylaws establish a specific procedure for the annual election of board members, so that's the first place you might want to look to determine if the election process announced by your board complies with those documents. While I understand your board's wishes to ensure that the full complement of directors is elected and their possible request to your community manager to solicit volunteers, they, too must follow the dictates of your governing documents.

Many bylaws for community associations require nominations to the board to be submitted to the board secretary or managing agent prior to the actual preparation of the annual meeting and election material so that the official notice of the meeting can include a ballot containing the names of the nominees, accompanied by a brief resume of each candidate. This election method allows the owners to thoughtfully consider the qualifications of each candidate before submitting their ballot. Those same bylaws may also allow nominations from the floor, while bylaws for other homeowners associations may only provide for floor nominations and no prior nominating process. While the former procedure certainly makes it difficult for someone nominated at the annual meeting to be elected, the process is legal in most states and allows the board time to process the ballots without having to count them under pressure at the annual meeting.

While it is sometimes difficult to find volunteers to serve on the homeowner association's board, the directors are still obligated to comply with the election process dictated in the bylaws. Identifying potential candidates should be done long before the annual meeting notice is sent by encouraging homeowners to serve on committees and become active in the operations of their community. The board should mentor the more qualified volunteers to eventually become board members themselves, rather than waiting for the annual meeting to see if they'll have enough members to fill the vacancies.

Sincerely,

Margey

If the HOA and the Management Committee operate as one, how then is a meeting of the UNIT OWNERS HELD?

- Pati K.

While I'm not clear on what you mean by "the HOA and the Management Committee operate as one", I'll do my best to answer your question.

Whether your association is self-managed by volunteers or by an offsite professional management company, everyone involved in the operations of your community must comply with the governing documents (primarily the Declaration and Bylaws) of your community, as well as with state statutes that may address operational issues of HOAs. The governing documents dictate, among many other issues, when meetings of the members must be held, who may be elected to the board of directors, and which members are eligible to vote.

If your board has not complied with the provisions of your governing documents and state statutes regarding meetings of the homeowners, why not write them a letter reminding them of their obligations? In this busy world of ours, time can easily speed by. Give your volunteer board the benefit of the doubt and tactfully alert them to the oversight. If your board then indicates a reluctance to call a meeting, it might be time to get your neighbors together to talk with your directors about their fiduciary obligations to comply with the governing documents of your community.

Serving as a volunteer on a HOA's board of directors is a commendable activity, but it doesn't mean that the directors have unbridled authority to operate your community as the see fit. They and the homeowners must comply with the governing documents, and every once in a while, a gentle reminder about that obligation may be necessary.

Sincerely,

Margey

Thank you so much for you reply. (see above) I am most appreciative of your taking the time to respond. Out CC&R's and by-laws allow for the offices to be combined. This means the Management Committee and the Homeowners Association officers are one in the same. Since, the management committee oversees the HOA how can a meeting of the HOA take place. Maybe I am confusing this, but there is no way the HOA can have a meeting or call a meeting, because the Management Committee are the same people who would have to approve it.

- Pati K.

It really doesn't matter that your Management Committee and Board of Directors are one and the same. Your governing documents and probably state statute(s) still require the board to call at least one annual meeting of all members for the purpose of electing new directors. Have you read through your Bylaws and Declaration to see the wording that mandates those meetings?

If your Board/Management Committee ignores those meeting requirements, they may forfeit protection under the association's Directors and Officers Liability policy. If, despite your communications with them, they refuse to call a meeting as required by the documents and/or state statute, you might try reporting their recalcitrance to your association's insurance agent.

Regards,

Margey

I have lived in this condo community for 9+ years. When I moved in, I attended monthly association meetings and was soon asked to join the Board when a vacancy came up due to a member moving out of the area. I joined several committees (Rules & Regulations, House & Grounds and Finance). At the end of that year, the next elections seemed to make a big change with the Board. I did not receive enough votes for re-election. The Board seemed to become more reflective of retired homeowners with a totally different view of how the Board should operate. All subcommittees were disbanded. Participation by homeowners at meetings became less and less. The homeowners were not "welcomed" at the meeting but rather quickly addressed with the hope that they would speak their peace and leave. Homeowners were asked to leave during "Executive Session" but were not provided an area to wait to return to hear any voting issues after the Executive Session adjourned. In order to see what the Board voted on/agreed on from the monthly meeting, one has to attend the following monthly meeting and hope that they share a copy of the minutes. It is like a secret society. We have 175 units in our association but rarely have more than 2-5 homeowners attend meetings aside from the 5 Board members - without offering homeowners any voice or participation on a committee, why attend the meetings. The Board make-up doesn't seem to change much year to year. Some of the "senior" Board members continue to gather sufficient voting ballots from the "snowbirds" to continue maintaining their seats on the Board. How do we get a voice in this association? One sign that homeowners are considered by the Board would be the return of subcommittees, have homeowner participation. Any suggestions on how to get through to the current seated Board that we have homeowners who not only want to participate, but feel that we have a right to as dues paying members of the association? We feel "lost in translation."

- Sandi F.

Your situation is reflective of the benefits and disadvantages of democracy in action. You've identified the root problem -- the sitting board members manage to solicit enough proxies to control the ballot box. To take control of the operations of your community, you must do the same. You have the right to access the records of your association that list the names and addresses of the members in your community for any reasonable purpose. With that list in hand, try to galvanize a group of your neighbors to help in your campaign to "take back" your homeowners association. Remember that the proxy with the latest date is the one that counts, so go behind your board with your request to your neighbors to assign their vote to you.

If you gather the votes required by your association's Bylaws to call a special meeting, follow the special meeting procedure detailed in your Bylaws to ask the Board to send out a notice of the meeting. If you do not have a sufficient quantity of votes for a special meeting, make sure you collect enough proxies, combined with supportive neighbors who agree to attend, to ensure a successful vote for your slate at the annual meeting.

Good luck!

Sincerely,

Margey

We are transitioning from the builder to a Homeowner board. Is there a place that a new manager can go to get good information on this type of transition. We want to support both sides and make a smooth transition.

- Chip S.

The Community Associations Institute's "Best Practices Report #7: Transition" that I hope will answer your questions. If you've still got more after you've read the report, please write back and I'll be glad to try to answer them.

Congratulations on your transition to homeowner control and for your desire to be fair and reasonable!

Sincerely,

Margey

I just spoke to a President of one of my Boards. He is quite concerned over one board member who is very disruptive and argumentative. Are there any articles that I can forward to hime on an "unruly" board members? Thanks for your assistance.

- Joanne W.

There is a wealth of material on the Internet regarding how to diffuse dissident, argumentative and unruly board members (and homeowners, too!). Since www.associationtimes.com provides resources at no charge, of course I recommend us first! Other free sites are www.boardcafe.org and www.realtytimes.com. However, there are some excellent sites that require membership dues but are well worth the money: www.caionline.org and www.regenesis.net. In addition, by entering key words "disruptive HOA board members" in Google's search engine, you'll come up with more than 7,000 hits that address that issue.

I hope that the above sites provide you with more than enough ammunition to counter the counterproductive behavior of your board member!

Sincerely,

Margey

Two years ago we purchased a condo in a 16 unit building in Los Angeles. Of the 16 units, only 4 including ours were owner occupied, the rest are used as rentals. The rental unit owners are all clients of a Personal Accountant/Manager who advised they purchase the units as investments almost 30 years ago when the building was new. Some of these owners have never set foot on the property. I am now the Association President and have pressured the Board (i.e., the above mentioned Money Manager & his clients) to have a Reserve Study done. The results were frightening. The building has been so poorly maintained that we are now facing a 40% increase in regular dues, and a $6500 special assessment per unit. Consequently, many of the owners are now selling their units and sticking new owners with these increased expenses. Is there anyway to make any of these expenses retroactive? As an example, our roof is over 20 years old... it has leaked and been patched every year for the last 10 years. This has caused structural dryrot damage and mold has become an issue in several units. Also due to the lack of sales and therefore inspections, termite damage has continued unabated for 25 years. In remodeling our bathroom, 6 out of 13 studs in a 10 ft. section of wall had to be replaced due to termites. They literally crumbled in our hands. Can we force the longterm owners to pay a larger share of the expenses?

- Scott P.

You certainly are in an unfortunate situation, and without the majority of the owners supporting you, you have few alternatives. However, one specific alternative may be the only one you need. Since you live in California, your condominium association must operate according to the Davis-Stirling Act. While I'm not an attorney, I've read enough about this act to believe that it was created, and subsequently amended in each legislative session, to protect the members in community associations. To access the Act and determine if there are provisions that address solutions to your situation, go to www.condolawyers.com/nationalaw.htm, then click on "California Davis-Stirling Common Interest Development."

If the Davis-Stirling Act does not specifically address your current circumstances, your governing documents (Declaration and Bylaws) should contain provisions describing how general and specific assessments or charges may be imposed. Absent language in any of the aforementioned documents regarding the association's authority to impose assessments against a certain group of owners, there is probably no chance of legally doing so.

For material discussing the importance of reserves, there are several sites I can list for you, and many more available by entering key words "homeowner association reserves" in your web browser. While both www.caionline.org and www.regenesis.net require membership dues, they contain a wealth of material not only about reserves but every aspect of community association operations. Of course, Ask the Expert's AssociationTimes' site is absolutely free and also contains a wealth of information about community associations.

If you find yourself at an impasse, perhaps California provides a consumer advocate at the state level, or even one through a local television station, who might be interested in helping you in your efforts to protect the assets of your condominium association.

Sincerely,

Margey

I would like to have access to the ******* community website but in order to do that I have to have an account number to provide during the registration process. I do not have a payment coupon and I only make a one time payment a year, so where would I get the account number?

- Rebecca V.

To obtain your account number, is it feasible for you to contact the management company or a board member for your community? If you do not know how to communicate with either, perhaps you could ask a neighbor for help on a phone number and name. Finally, some states require every homeowners association to file a certificate with the property records in the county or local governing body in which the community exists, detailing contact information for the person or persons responsible for the operations of the association.

I hope at least one of the above alternatives provides you with the information you need to access your community's website. What a great resource for you and all the owners in your neighborhood!

Sincerely,

Margey

I am president of **********. Three years ago the Board of Directors resurfaced one of the building's walkways with an acrylic product - color grey. The present Board approved doing 3 more buildings with the same acrylic product but changed the color to cream to match the buildings, hoping that in the near future we would change the original walkway to cream. We have been informed that we either must revert to the grey or have a memberships vote and approval. Otherwise, we must redo the cream color. We do not know at this point which is the wiser decision. Appreciate any advice you can give. Thank you.

- JC

The selection of exterior colors can be quite an emotional event, so it would be useful to eliminate as much of the personal issues as possible in order to objectively evaluate the situation. Here are some of the questions your board might consider:

1. Do your governing documents (Declaration, Bylaws, Rules & Regulations, Resolutions) specifically require homeowner approval to change the cosmetic appearance of your community? Are there funds available to retain the services of an attorney to issue an opinion regarding the board's authority to change building colors?
   
2. Is it feasible to conduct a straw poll of the owners to determine which color is preferred?
   
3. Are there funds available to hire a consultant to determine which color will be most attractive for your community?
   
4. How much will it cost to resurface the walkways in the cream color?
   
5. In the normal course of events, when will the walkway require another resurfacing?

Once the answers to these questions are obtained, your board will have a clearer vision of the direction they should take. Even if it's authorized in the governing documents, I recommend that the board survey the members before making any significant change to the appearance of their community.

Sincerely,

Margey

If an icicle falls from the roof onto the hood of a vehicle and dents it. Should this be the associations' liability? Thank you.

- Susan B.

Given the brief description of the situation, my initial response would be that the association would not be responsible for damage to the vehicle caused by an icicle falling from the roof. It would be considered an act of God and out of the control of the association.

However, if the icicle formed as a result of an oversight by the board, such as some kind of leak that caused that water that eventually froze, there may be some liability. Offhand, however, I can't think of such a situation, but it may be possible in your circumstances.

If you still have questions about responsibility for the damage, try contacting both your and your association's insurance agents for specific answers.

Sincerely,

Margey

Do Florida Condo Association Laws prevent owners from soliciting the assistance of other owners relative to disputes with the board?

- Steven M.

Not residing in Florida, I'm not familiar with your condominium law, but I have a link for you that will provide the answer.

http://www.state.fl.us/dbpr/lsc/condominiums/index.shtml will take you to the website of the Florida Condominium and Cooperative Acts, with links to information on free, state-sponsored education courses provided to Florida condominium and coop owners. I suggest that you also review the Declaration and Bylaws for your association to determine if there is a provision restricting certain types of campaigning by homeowners in your community.

If you do not find a provision in the Act or your documents prohibiting owners from soliciting support from their neighbors in disputes against the board, then I would say that it is permissible. However, please read the Act and your documents to determine for yourself what is allowed.

Sincerely,

Margey

How do the privacy laws affect Condo community membership and living?

- Michael H.

While your query may be better addressed by an attorney, I would be glad to tackle it from an operational perspective if you would be more specific in your question. Please let me know what privacy laws in particular you are concerned about or, as an alternative, what situations have given rise to your question, and I'll be glad to offer some answers.

Sincerely,

Margey

I reside in ******. I am interested in having the interior of my home painted. I have already purchased the paint and caulking. Can you tell me what to expect in labor costs for my area?

- Bill G.

I sure wish I had an answer for you, but you've got me stumped! The only way I know of to determine the going rate for any service is to obtain bids from at least three reputable companies or individuals, then check their references and the local Better Business Bureau to help crystallize your selection.

Good luck with that paint job!

Sincerely,

Margey

Should an association hire a full time maintenance company? What would be the expectations of that company? What would be a reasonable salary for a 95 unit complex without a swimming pool?

- Linda P.

Hello Linda,

Before deciding whether or not to hire a maintenance/management company for your community, consider the following questions:

1. How old are the common elements? A rule of thumb for maintenance is the older the component, the more attention it will need. If the community is self-managed, the homeowners must rely on their neighbors to respond to telephone calls. Conversely, board members of self-managed associations will play a very active role in the fiscal, administrative and physical management of your community.
   
   
2. What kind of common elements do you have for which the association is responsible? If you're a condominium community, your association is probably responsible for the skin and structure of the buildings as well as unit and perimeter fencing and other accoutrements, as well as grounds maintenance. A townhome community is usually only responsible for the maintenance of the skin of the buildings and ground maintenance, and a subdivision is normally responsible only for grounds maintenance. Each type of community is also usually charged with maintaining any clubhouse or other recreational facilities. Is your volunteer board experienced in maintenance issues?
    
3. What are your members' expectations? Do they want the ability to contact someone 24/7 with association-related issues, or are they content with contacting board members who may not be immediately available?
   
   
4. What is the cost of offsite management? Is the management fee offset by savings such as reduced insurance premiums offered by the company's master insurance program? Are there other bulk rate savings available?
   
   
5. What are the qualifications of management companies in your area? Do they have the AAMC designation from the Community Associations Institute (CAI)? This designation (Accredited Association Management Company) indicates that the management company meets the criteria CAI established as essential to provide appropriate services to community associations.
   
   
6. If your community is self-managed with an onsite maintenance man, do you have a facility onsite in which to store maintenance supplies and equipment? Is the labor market adequate to provide experienced workers at a reasonable rate? Is there a volunteer who can supervise your employee?

To answer your last question regarding a reasonable price for an onsite manager, maintenance man or a professional management company, I must profess my inability to give you a direct answer. So much depends on your market, the physical condition of your common elements, the number of meetings you want the maintenance person/manager to attend, and other variables.

For more information regarding the pros and cons of self-management and professional management, consider purchasing a report on these subjects from the Community Associations Institute at www.caionline.org, then click on "Reading Room". There's a wealth of material available at this site regarding the operations and management of community associations.

Deciding the most appropriate style of management for your community requires research and thoughtful, frank discussions. Perhaps surveying your members will give the board of directors a better idea of which direction to go.

Sincerely,

Margey

"No Landscaping other than that furnished by the Declarant or the Association is permitted more than 10 feet from the residence structure without the express written consent of the Association."

Keeping in mind that this 10-foot area is common area, does this paragraph give the homeowner freedom to plant, place yard ornamentation or do whatever he/she pleases within this 10-foot area without Board approval?

- Joyce S.

Given the single sentence you included in your question, I would say that the paragraph you quoted does indeed indicate that homeowners have unlimited discretion in what they plant in the 10-foot area between their house structure and the common elements.

HOWEVER, I urge you to read all governing documents relating to the operations of your community, including the Declaration, Rules and Regulations and Architectural Guidelines, if such exist, to ensure that 1) there are no restrictions regarding what may be planted in that area, and 2) homeowners are not required to submit landscape plans to the board for written approval prior to turning the first shovel of dirt.

Sincerely,

Margey

I reside in a 55 unit condominium in Florida. The building has 91 parking spaces with the legal requisite number of handicapped spaces (4). We have one owner who recently acquired a handicap permit from the County and she now parks in one of the handicapped spaces (only puts her 6 feet closer to the elevator where the handicap spaces are). However, she now permits her boyfriend to park in her normal designated space. The spaces are paid for by each owner as limited common elements (up to $15,000). Essentially, because she obtained a handcapped permit, she assumes she can allow others to park in her normal space gaining 2 parking spaces for the price of one. We've advised her that she may not assign her normal space while she parks in the handicapped space. She intends to file a legal claim. By the way, she can walk as well as I can type. What recourse does the Association have? We are also consulting with our attorney but seeking precedent in other situations. Thank you.

- Bob C.

You're absolutely pursuing the correct course of action by consulting with an attorney. I would suggest that your legal team also focus on your governing documents to determine if there is a provision mandating only one parking space per owner. If such a provision exists, perhaps your attorney could consider advising the owner that she may select either the handicapped space or her assigned space, but not both.

Before you initiate any legal discussion, however, find out if the owner's permit is only a temporary one for a relatively short period of time. If so, the reasonable action would be no action; just count the days until the permit expires. In the interim, your board could consider passing a policy resolution, with your attorney's approval, that addresses similar situations that may occur in the future.

Sincerely,

Margey

Over the past few months, our townhouse community (four units to a building) has experienced several problems with owners of vicious and dangerous dogs. Last month, two Akitas got out of their patio and killed another dog that was being walked by its owner. Last night was the final straw, a new renter moved in with 4 pitbulls. No one was home and 2 of the pitbulls escaped and four people were attacked in 4 separate attacks. (I was one and without help from my neighbors, would have been at the very least, seriously hurt.) The last person attacked was a pedestrian walking down a city street that intersects with the main street into our complex. A police officer shot and killed one of the dogs as it grabbed the girl. The second dog ran off and after several hours, animal control captured the dog and removed it. Two other dogs remained unattended in a 10 ft by 15 ft patio area.

I am on our HOA board and called for an immediate vote demanding that all of the remaining 3 dogs be removed. Our Rules and Procedures do not dictate any restrictions as to number of pets or any restrictions against particular breeds. They do say that the board can require a resident to permanently remove their dogs from the property if the board believes the dog is a danger to the residents.

The board is reluctant to overstep their rights by making such a demand. My understanding is that we have the right to do so by our covenents and restrictions and that since we are now "aware" of the danger of these particular dogs,that in fact, if we do not make such a demand that we would then carry some liability if the remaining dogs got loose and hurt or kill someone. Is this correct?

I also want (and the board does as well) to ammend our rules and policies to include a restriction limiting the number of dogs allowed and if possible, restricting certain breeds that are considered "dangerous" by animal control. If possible, we would like to include a restriction requiring residents that would like to house "rescue" dogs temporarily to get approval from the board first. I'm not talking about adopting a rescued dog, but residents who would temporarily add additional dogs to their household as part of a rescue association until the dogs are adopted.

Are we within our rights to do this? And can we use fines to enforce this?

- Betty W.

Your community certainly does have a serious situation with dangerous dogs, and I encourage you to pursue your intentions to remove pets that may injure residents and visitors. You may find help from your local animal control department, especially if the victims or observers of the attacks file complaints with the police department. If these public agencies won't help, I believe that, as board members, you have a responsibility to protect your residents from known hazards and should consult with legal counsel regarding the removal of the animals.

With regard to passing rules limiting the number, type and size of pets per household, look again to your governing documents. If your Declaration of Bylaws allows the board to impose reasonable rules and penalties for breaking them, and there are no existing rules that contradict what you propose to pass, then you are probably acting within your a authority. However, many state legislatures have passed laws mandating a specific procedure that homeowner association boards must follow in order to pass rules, so please check your state's statutes to ensure that you comply with any legal requirement. (If you don't know the exact URL of your state's website, enter keywords (your state) statutes in the search field for Yahoo or Google, and you'll find the link).

An increasing number of legislatures and HOA governing documents require boards to formally announce to their members their consideration of specific new rules and a subsequent period of time in which to receive comments from members before voting on the rule. Furthermore, there may be a requirement that the rule be disseminated to all owners, and a waiting period of 30-days be allowed before enforcement begins.

Good luck with your efforts to protect your community and residents -- and stay safe yourself.

Sincerely,

Margey

We have a situation in our community where a homeowner has erected a shed. The covenants within our community clearly state that any external structure other than the actual dwelling is not allowed. I believe the homeowner has erected this structure because around 10 percent of the homes within the community have sheds on their properties. Our association is now in a lawsuit with the homeowner seeking removal of the structure.

Having been a longtime resident I am privy to some details. What I know is - The association has never attempted to seek to remove anyone elses structure, nor has any homeowner seeked out approval before erecting their structure. My question is - Does the homeowners association have a legal leg to stand on - or are they setting all of us up for a possible counter lawsuit for what appears to be selective enforcement? As I pay a yearly fee - I would like to know. Thank you.

- Julian

While I'm not an attorney, it would appear that your association's board of directors may have difficulty requiring the owner to remove his shed since several other similar structures were constructed without board intervention.

However, since you are not on the board, it is possible that the structure currently being erected has some unique characteristics that differentiate it from the others that have existed for what appears to be quite a while. And, because of those variances, your board decided that it must pursue the removal of the shed while it has allowed others to remain. Hopefully, the board is working with a competent attorney knowledgeable in community association law who would have advised his client not to proceed with legal recourse unless there was a compelling and legitimate reason for the action.

I suggest trusting the good judgment of your board unless contrary information emerges.

Sincerely,

Margey

Can an association have the right to mandate to its residents and limit their freedom and choice of a particular tree for their frontyards? Thanks.

- Ashok P.

Yes, indeed, associations may dictate which trees may be planted in the front yards of their members' homes, but only if 1) the governing documents (Declaration or Bylaws) contain such a requirement, or 2) the governing documents authorize the board to pass such rules, and the board followed the procedure detailed in the documents to pass those rules. If the preceding conditions exist, then the restriction on which tree may be planted is valid. If the documents do not contain a provision either detailing which trees may be planted or authorizing the board to adopt rules that address the appearance of the yards, then it is possible that your board exceeded its authority and should consider withdrawing the tree requirement.

If the tree rule is valid but you disagree with it, you could discuss possible alternatives with your board, or suggest that a committee be appointed to investigate the possibility of amending the governing documents or revising the rule to broaden the choices and location of trees.

The purpose of your homeowners association is to maintain the common elements and protect the property values of the homes in the community. Homeowners do relinquish some rights when they live in homeowners associations because, without a governing board to enforce the governing documents which are in actuality a contract between the homeowner and the association, their actions and behavior could negatively impact property values and their neighbors' ability to sell their homes. Understanding that important premise is critical during the period prior to closing on a home located in a homeowners association.

Sincerely,

Margey

© Association Times
Permission to reprint any of the information contained in this article is granted provided Association Times is credited as the source.