Ask the Expert

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

Our HOA board recently held a violations hearing for some neighbors. The board did not provide the hearing results to these folks within the seven days required by the Virginia Property Owners Act.  Since it seems the board violated the rights of the neighbors, can the board still pursue the violations?  Did this lack of action on the board's part constitute a "waiver" of the board's rights to purse any legal action?

- Dave

According to Mr. Bruce Steele, Executive Vice President of Community Management Corp., an Associa member company based in Fairfax, Virginia, the Virginia Property Owners' Association Act does require a hearing before a charge can be levied or a suspension of voting rights or other privileges:

"Before any such charges or suspension may be imposed, the member shall be given an opportunity to be heard and to be represented by counsel before the board of directors or other tribunal specified in the documents. Notice of a hearing, including the charges or other sanctions that may be imposed, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least fourteen days prior to the hearing."

The final paragraph in this section of the Act states that, "The hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association within seven days of the hearing."

Since the Act does not provide for a penalty in the event the board delays notification of the hearing results beyond the seven days, the most prudent action the board could take if the violation continues or recurs would be to restart the noncompliance process by issuing a new notice of violation, conducting another hearing and ensuring that the results of the hearing are delivered to the owner within the seven day period. If there's any doubt about what steps to take since the original seven-day reply date requirement expired, the board should consult with the association's legal counsel.

If you're the owner violating the covenants, take personal responsibility for resolving the dispute, considering what's best for your community. After all, isn't the purpose of the governing documents to ensure the protection of property values and encourage a sense of neighborliness and compassion among the residents?

Sincerely,

Margey

Who or how does an A.R.C get appointed?

- John

Typically, the Architectural Review Committee is established in the Declaration/Covenants/CC&Rs (the name varies in different regions of the country) as a mandatory committee, the members of which are appointed by either the president or the board, depending on the provisions in the governing document. If the developer controls the association, he or she would appoint the A.R.C. members; if control of the association has transitioned to the members, the homeowner-elected board or president would appoint the Committee members.

If there is no mention of the A.R.C. in the governing documents, then the board may create committees in compliance with any provision in the Declaration, Bylaws or state statutes authorizing the directors to do so.

Sincerely,

Margey

Our HOA Board Directors function as liaisons to the various committees.  There is debate on the resposibility (or powers) of a liaison when interfacing with a committee or committee chair. Can you clarify??

- Len

Board members who serve as committee liaisons typically act as communication conduits between the board and the committee, relaying questions, requests, recommendations and comments between the two groups. As liaisons, they generally do not participate in committee votes; however, it is possible to structure the committee charter to allow the liaisons to cast their vote on committee issues.

Sincerely,

Margey

We live in rural Idaho on a private road with only a 4 lot split. The man who owned the land and had it divided (the developer) owns one of the homes.  We have a Declaration of Covenants, Conditions and Restrictions and within the CC&Rs it states that there is a $50.00 annual Homeowner's Association fee.  As far as anyone knows the developer has never had an Association set up. 

We have all lived in our homes from 1 to 3 years now and no one has ever invoiced us for the fees.  The developer/neighbor is now voicing that no one has paid him the $50 per year, etc. 

Do we pay him as an "individual" for the fees or should he have actually set up an "association" with a Declaration and By-laws or is the CC&Rs basically that document?

The lines between developer and homeowner and homeowner association president seem to be blurred or non-existent.

- Jenny

Typically, a homeowners association is created before the first home is sold. Based on your description of the events that transpired in your community, the Declaration of Covenants, Conditions and Restrictions established the existence of your association.

While the Declaration should contain specific provisions regarding the developer's role in the association, in general a developer retains control of the association and manages its operations until a defined event occurs -- usually when a certain number or percentage of homes is sold. Administering your association's business affairs requires an outlay of funds for expenditures ranging from common area insurance to utilities and repairs; it would appear that your developer has been shouldering those expenses through his company without billing the homeowners the $50 annual fee.

If your association's Declaration clearly states that each owner is obligated to pay to the association $50 every year, it may also contain a provision stating that each owner owes the $50 whether or not a statement or invoice is sent. Given the circumstances you described, I would deduce that you and your neighbors owe the association $50 for every year in which you have resided in your home. Payment should be made to the association, which the developer apparently controls. When the magic number of homes are sold which invokes the provision in the Declaration requiring transition of association control to the owners, annual payments would still be submitted to the association, the operations of which would be administered by the homeowners.

State statutes may also contain provisions addressing a developer's responsibility to a homeowners association. Go to our state resources page to find your state and laws applicable to homeowner associations.

Sincerely,

Margey

Thank you for your reply. (See last month's question.) What I was asking basically is that can an Association be completely dissolved and then new ones formed (creating a new, separate association for each building) if all owners agree? And, where you say "especially if lender approval is required" does that mean the different lenders for all the individual mortgages? This being an older association, there is no one lender involved.

- Jean

Yes, on paper it is possible to dissolve a community association and reform it. Realistically, however, getting enough membership votes to approve the dissolution and the re-creation of mini-associations is extremely difficult. Check your Declaration and Bylaws for provisions that specifically address dissolution of the association and whether approval of the dissolution by every lender who holds a mortgage on a unit is necessary.

Another factor in your consideration should be the eventual cost to each owner. There are economies of scale available to the current, larger condominium that would not be available to four, smaller, separate condominiums. For example, each new condominium association would need to get its own liability insurance and errors & omissions policies - that's four separate policies, instead of the current one policy. There will also be four separate annual audits, along with four separate everything else. Typically, the overall costs are less for one association than for multiple associations.

Before you go any further with trying to dissolve your association, consider the costs and follow your attorney's wise counsel.

Sincerely,

Margey

Can a board member tell anyone he wants about a foreclosure in there assocation?

- Christine

Board members may not disclose confidential information. If the foreclosure has been posted or filed of record, it is public knowledge and the board member may then tell others about it. Otherwise, it is not appropriate to discuss the financial condition of association members with anyone other than fellow board members, and then only in the context of its relevancy to the association.

Sincerely,

Margey

I live in a condo complex that is about 90% completed. The board meeting are closed as per the by-laws. However we just elected 4 board members along with the developer.  When I asked to have the by-laws changed to allow the co-owners to attend the monthly meetings the board voted no. I don't understand what the board is afraid, of since what they do has a direct effect on all of the residents that live here. I feel we have every right to attend the meetings so we know what the board is doing. What are my options to get the board to change the by-laws?

- William

Most condominium declarations and bylaws as well as state statutes require that board meetings be open to the membership. That's not to say that homeowners have the right to participate in the discussions; typically, only board members have the authority to discuss issues and vote at the business meetings of the association. Even if the bylaws allow closed board meetings, if state statutes require open meetings then the statute would prevail over the association's bylaws.

Check your governing documents and state statutes to determine whether or not your association's board meetings are required to be open to the members. If there is no requirement for open board meetings, courteously discuss the issue with your developer or consider asking a few of your neighbors to join with you at the meeting to ensure that it remains cordial and productive.

Sincerely,

Margey

One new director of our 5 member board in a CA homeowners association has stated that contracts and appointments made by previous boards must be confirmed with each new board.  Examples would be a 3 yr contract with CPA or management, appointment of a volunteer public works director.  This has never been an issue before.  Research has turned up zilch.  Thanks.

- Valarie

There is no parliamentary procedure that requires new boards of directors to affirm decisions of past boards. If your community association's bylaws do not mandate such action, then your new board should focus on making informed decisions regarding current issues.

Sincerely,

Margey

I have an urgent question. Two of our board members walked out of a meeting and gave verbal resignations. One called back within the hour and apologized and retracted his verbal resignation.  The other refused all communication from the President for almost three months. This included a certified letter. He did not respond to any other letters to him asking for input on board issues. He did not communicate with the President through any other board member. He then put his house up for sale and is moving at the end of this month.  After almost three months the President finally accepted that he meant what he said, and sent him a letter explaining that he has accepted his resignation and why. He has not received any notice either through other board members or in writing to indicate otherwise.

One member, who served as our treasurer moved out of state and we desperately needed to fill his place. No other board member is qualified to take care of our financial matters.  One board member was verbally abusive and started a riot at a member meeting where charges were filed against him and two homeowners. 

The President called an emergency meeting to address the many issues that came out of this behavior. We established a quorum, and voted an experienced and capable person into the position left vacant for the remainder of the year.

Our problem is: Three board members are serving on the board for the expressed purpose (stated on digital recording) of "getting rid of our POA legally or illegally."  They have decided to gang up on those of us who want the POA to function legally and meet its requirements. We have fought tooth and nail to try to keep the corporation on its feet and operating under the state laws, and we have succeeded in spite of severe opposition from three board members.  They did not even want us to send letters of information to our homeowners informing them of decisions made, state requirements; i.e., disclosure packet, or anything positive that might make the POA look like it had some value.

One of the assaulters at the member meeting was the fellow who resigned and refused all contact. The other three board members are now saying that he "really" didn't resign.  They need him now to make a quorum to hold a board/member meeting to remove three of us from the board. We maintain that the fellow resigned after total lack of communication for almost three months, refusal of certified letter from the President, refusal to respond to requests for advice, opinions, etc in four other letters, and finally placing his house on the market (members become ineligible if they are not homeowners) under the circumstances, is the President correct to have accepted this as a resignation and replaced him?  Any advice you could give us will be greatly appreciated.

- Kathy

Even if the board member officially resigned, your association's Bylaws may authorize the remaining board members to appoint someone to fulfill that unexpired term -- including reappointing the director who resigned.

It sounds like the owners committed to perpetuating your association are at least holding their own, fending off the attempts by some board members to dissolve the association by any means possible, legal or illegal. Just as with any democratically-structured organization, the majority typically rules, and as long as a majority of the owners understand the benefits of their homeowners association, you should have the support to continue your efforts. I encourage you to continue to comply with both your association's governing documents as well as state statutes, and keep your membership informed regarding the relevance of and need for a responsive, active, responsible homeowners association.

Sincerely,

Margey

Thank you for your reply.  We do have a lot of support and things are looking better now. The attempt by two board members to remove us because  "we are going in the wrong direction and not dissolving the association," failed and they did not get enough votes.

The original question to you was in response to these three board members who volunteered to serve with the expressed purpose of "getting rid of the POA," was to dispute their claim that the board member who verbally resigned, "really did not resign,"

The board member walked out of a board meeting stating he did not want any more to do with the board, refused requests to communicate for over two months (even refused a certified letter from the president), and put his home up for sale.

When the other three board members decided they were going to put a stop to all association business, they realized that they no longer had the majority vote. So they tried to pull the resigned officer at large back into the picture. The resigned officer willing assisted the rogue members in this sham.

My question was: Is two months of refusal to communicate after a verbal resignation plenty of time to consider him resigned and appoint someone to fill his position on the board? Which is what we did, but the three rogue board members pitched a hissy fit. Mainly because the person that was appointed in the place of the resigned officer, (in a legally called meeting for that purpose, with a quorum established, and with the majority of the votes at that meeting) is a professional person who is dedicated to the association. That meant that the board members who are trying to do the job right and in the best interests of the membership, is now holding the majority on the board. 

We maintain that we gave the resigned officer more than the customary time to rescind his resignation. They maintained that it had to be in writing, although our by-laws don't address the issue at all.

However, since the two rogue board members failed to get the homeowners to remove us from the board, they have since resigned. We can now do what is necessary to keep the association moving forward without their negative interference, and harassment.

We are going to try to get the homeowners to amend the by-laws to address these that keep coming up. They are old and outdated. Thank you for your time and trouble.

- Kathy

If your documents do not require board members to tender a written resignation letter, then it appears your board member resigned; however, this issue may best be resolved by an attorney to eliminate further bickering by the board members who instead need to refocus on the necessary operations of their community.

Sincerely,

Margey

Bylaws for A Manufactured Home Park Association. We do not own land but own our homes. Are we required to have one vote per unit or can we have one vote per member attending the meeting. California.

- Steve

According to Ms. Cherie McColley, CCAM, Vice President Management Services, N. N. Jaeschke, Inc., an Associa member company based in San Diego, there is no California statute addressing voting procedures in any kind of homeowners association. Your manufactured home community must comply with the process mandated in the association's Bylaws.

Sincerely,

Margey

I belong to an association in Virginia consisting of about 100 homes. Several of the residents are displeased with the Board of Directors and want to call a special meeting in order to vote a couple of the Directors out. Apparently, the Board heard this through the "grape vine" and issued violations notices to about 42 homes for all types of violations. These notices also levied a "charge" of $50.

Can these "violators" still cast a vote if this special meeting is called?

Our bylaws state:
Article III "Meetings of Members" Section 5 "Voting" "No Class A member shall be eligible to vote, either in person or by proxy, or to be elected to the Board of Directors, who is shown on the books or management accounts of the Association to be more than sixty (60) days delinquent in any payment due the association."

On one hand I would say yes. My reasoning is that since these notifications were just sent, and no one is delinquent yet for the charges, they retain their right to vote until such time as they are delinquent.

On the other hand, our Bylaws indicate in Article VII "Powers and Duties of the Board of Directors" Section 1 "Powers" Subsection b states the Board of Directors shall have the power to: "suspend the voting rights and right to use the Common Area of a member for an infraction of published rules and regulations or during any period in which such member will be in default in the payment of any assessment levied by the Association pursuant to section 55-513 of the Virginia Property Owners Association Act.

These two articles seem to conflict with one another. Article III states that so long as an owner is not over 60 days delinquent for any assessment due to the Association, they retain their right to vote.

Article VII states that the Board has the power to suspend the voting rights of any member for an infraction of rules and regulations and if a member is delinquent in any owed assessments.

Additionally, our Declaration seems to agree with Article III of our bylaws. Are you able to provide clarification on this issue? This is very confusing.

- D.

According to Mr. Bruce Steele, Executive Vice President of Community Management Corporation, an Associa member company based in Fairfax, Virginia, both the Virginia Property Owners Association Act and the Condominium Act require boards to hold a hearing before imposing a fine or charge for a deed restriction violation and before deciding the guilt of an owner for an infraction of the governing documents. Therefore, it would appear that the charges levied against the 42 homeowners who had no opportunity to present their side at a hearing were invalid, and the owners should be eligible to vote. However, there may be additional circumstances that you did not present that could impact this opinion; you may need the services of a competent Virginia attorney to determine if your votes should be counted.

Sincerely,

Margey

QUOTE:  A dictator in history once said: it is not important who votes - but WHO COUNTS THE VOTES!

BACKGROUND as I understand:

We who live at our Condo community of over 500 Units in ***** County, Virginia - have expressed a concern over time about WHO COUNTS THE VOTES of elections determining our Board of Directors who have over time determined to keep SAME Condo lawyer and SAME accountant for past 25+ years - since the time the Condo was created from rental. 

This area just outside Washington, DC is flooded - WHERE a glut of competent Condo lawyers and accounting firms and law schools compete for Condo business.  However, at this Condo - over past decades ... same lawyer - same accounting - same people repeatedly appear to have life (or rotating life) appointments to most essential committees here at this Condo over years, etc., etc. 

Which brings the question.

Regarding WHO COUNTS THE VOTES - - Recently a posted notice has been placed in the lobby that the ACCOUNTANT (of past quarter century seems NOT to be independent and may benefit from the outcome) - oversaw the voting and counting of ballots, etc. 

Additionally - the notice posted in its last sentence states:  IT HAS NOT BEEN CUSTOMARY TO ANNOUNCE THIS INFORMATION AT THE MEETING OR TO POST IT ON BULLETIN BOARDS IN EACH BUILDING - while it may explain decades of unanswered questions as to WHO COUNTS the VOTES - isn't there a national, state or local authority who oversees and enforce legal standards for Condo conduct?  Is there any federal, state of County of *****, Virginia authority supporting importance of an open, transparent, inclusive and democratic process, and of procedures for the effective functioning of the condo management system that would allow for internal transparency to include owners and prospective investors and allow the effective participation of owners regarding their investment and allow prospective investors to have the necessary information at hand? 

Question:  What options do owners/residents/prospective investors have thru federal, state or local authority?  Or - is this typical and expected behavior from all condos?

- Anonymous

Virginia has a comprehensive Virginia Property Owners' Association Act that addresses required behavior and actions by the board of directors of a Virginia homeowners association. There is no other state or national entity that specifically governs community associations.

It is not unusual for community association boards to retain the services of a competent CPA and attorney for many years. It costs less for legal opinions when the attorney is knowledgeable about the governing documents and unique issues within the community. Similarly, a CPA who is familiar with the manner in which the books and records are maintained would probably charge less for the annual audit than a CPA who starts from scratch. Additionally, both the attorney and the CPA jeopardize their license and their livelihood if they fail to act in an impartial, professional and prudent manner with regard to the services and opinions they provide to the board.

That said, it's not a bad idea to occasionally ask another attorney or CPA to provide guidance to the board. They may offer a fresh look or different perspective that could be useful for optimum operations of the association.

With regard to using the CPA to count the ballots, many community associations utilize a similar service to ensure impartiality in the ballot count. The board wants to ensure that there are no allegations of improprieties, so hiring a CPA bound by his industry's code of ethics demonstrates a commitment to fair and open elections.

Sincerely,

Margey

Proxy votes.  I have been the board president for over 18 years now.  A gentleman comes along and goes door to door asking if owners are coming to our annual meeting.  Which was last week.  He then asks them if he can be their proxy vote.  How does this work?  He obtained about 25 proxies and voted the way he wanted it to be and myself and the treasurer of 3 years were voted out... Is this even a legal, yet unethical way to vote?  Thanks so much for your help.

- Paula

If your association's Bylaws permit proxies, and if the proxy format complied with the Bylaws and state statutes, then it would appear that the election was valid. I recommend that you read both the Bylaws and state statutes to ensure that the elections were legally binding.

Sincerely,

Margey

Top | Board of Directors | Communications | Finances | General
Insurance | Legal | Maintenance | Management | Rules

Wondering if there is any formal protocol for sending agenda topics for a condo association (i.e.; the secretary of the association is who agenda topics MUST be sent to)?

I am currently the President of our association and sent an e-mail for folks to forward items to me. One of our members replied, and indicated that: "Formal protocol states that the Association Secretary be notified of agenda topics."

Thank you for any assistance you might be able to provide.

- Mike

If your Bylaws require the Secretary to participate in the preparation of the agenda, by all means include him or her. The more input you can get, the better chance you have of having an agenda that reflects the relevant issues that deserve thoughtful discussion.

I appreciate that you are already sending out a request for agenda topics to your board, encouraging participation and collaboration. If taking the additional step of sharing suggested agenda items with your Secretary satisfies those board members who are sticklers for procedure and maintains harmony, do it.

There are several links to parliamentary procedure on the Association Times website on our Links & Resources page.

Sincerely,

Margey

I am on the Board of Directors in a condo community in *****, CA. To help reduce administrative costs the Board is considering e-mailing the monthly Board packet (or portions like the financials) to each Board member (pdf files most likely) and having the property manager make printed copies of only those items being discussed at the meeting which would be sent via USPS to the Board members. However there is one Board member with a computer that is not online. Is the Board required to print and deliver the entire Board packet to this Board member via USPS? Or would having a hard copy  available in the property managers' office be appropiate?

- John

The more environmentally-friendly community associations can be, the more beneficial it will be not only to its members but to the larger community as well. I'm all for emailing reports to the board members so they each can determine what needs to be printed and what can just be viewed. However, all board members have the right and obligation to view all material equally, so if a board member does not have Internet access, the fair and courteous response would be to mail the packet to him instead of asking him to go to the office to pick it up.

Sincerely,

Margey

Our community acquired a new towing company which provided signs for our parking lots.  Each unit has one assigned parking spot.  There has been trouble with abandoned vehicles.  So the signs went up, but no notice was given to the home owners.  So many people have had their vehicles towed in the middle of the night without warning for a number of different violations.  One member had his vehicle towed for expired tags.  He had already paid the renewal registration fee, but the stickers were in the mail to him.  He had a temporary registration form which he displayed in his truck, but in the front of the truck, not the back.  He is asking the board for reimbursement for the towing fee he had to pay.  He claims what is going on in the community is un-neighborly... to have your vehicle towed without warning out of your own assigned numbered parking spot. Should the board reimburse?

- Eva

Frequent, consistent and comprehensive communications is essential to the successful operations of community associations. There may even be state statutes that mandate a specific procedure by which community association boards notify the membership of contemplated and/or approved rules before enforcing them.

Should the board reimburse the owner for towing his vehicle that did not display current tags? Technically, the vehicle was not in compliance. Practically, if the board ignored or was not aware of requirements in the governing documents or state statutes requiring prior notification then, yes, the directors should consider reimbursing the tow fee and apologizing to the homeowner. The emphasis should be on being reasonable, apologizing when a misstep happens, and ensuring that the situation does not recur.

Sincerely,

Margey

I am the President of our Homeowners Association.  A fellow Board Member distributed a flyer to all (230+) homeowners, inviting all to a party at their home.  The invitation read:  A neighborhood gathering to celebrate our subdivision.  Come visit with neighbors & friends, meet members of your Homeowners Association Board AND Take a moment to meet your City Council Candidates (candidate name) & (candidate name).  The flyer was distributed to all neighbors without prior knowledge and approval from fellow board members.  I received several calls from homeowners, voicing their disapproval of the Board appearing to endorse political candidates.  The host of the party insists there is no political endorsement.

What should the Board do to correct the perception of the homeowners?

- Anonymous

To address the immediate issue, I suggest that the board issue a memo to all residents apologizing for any miscommunications and assuring them that the board did not sponsor the party nor does it endorse any candidate.

In the longer view, the board should consider passing a policy resolution clearly defining the conduct of board members, including a prohibition against using the association's name for any personal benefit without obtaining prior written approval from the board as a whole, not individual board members or officers. Each board member should sign the policy every year at the first board meeting following the annual elections.

Sincerely,

Margey

I provide accounting and tax services for a condominium association consisting of 24 units. Of the units, there are 4 units that have decks attached which were added later after the basic construction of all units.  These 4 units just required a deck rebuilding on each deck with the basic foundation remaining and pressure treated boards replaced on each deck.  The by-laws are outdated and do not address the issue of who is actually responsible for repairs, maintenance and improvements on these decks.  The repairs on the decks were approved by the board of directors to have this work done and the repairs were quite costly $4000 each deck also setting a precedent for all owners requiring the association to become responsible for all major repairs.

My question:
Do I capitalize and depreciate or expense the work done on these decks for tax purposes?  I believe the decks are the property of the owners but because the repairs were so costly, I'm confused as to whether they should be capitalized and depreciated or expensed. Please offer your suggestions, comments and opinions.  Thank you.

- Jim

Not being an accountant, I look at this issue from a management perspective. As I see it, the question should be how the community association's governing documents address the ownership and maintenance responsibility of the decks. Typically in a condominium regime, physical components such as decks that were added after original construction of the condominium may be encroaching on common elements. Neither the developer nor subsequent boards had the authority to allow the encroachment. However, if there exists a document or documents that legally permit the decks, the next questions regard ownership and maintenance responsibility.

Before determining tax implications of the decks, I recommend that the board consult with a competent attorney knowledgeable in community association law to define the appropriate legal treatment of the decks. Once that is determined, it will probably be easier for you to ascertain whether to expense, depreciate or capitalize the repair costs.

Sincerely,

Margey

We live in a duplex condo & pay $452.00 per month in maintenance fees, the highest by far in our (non-doorman, no elevator, 100 year old) building. According to our management company that amount is based on 1500 square feet. We have had two appraisals done in the past month & both conclude our square footage is 1100, not 1500. What are our options in disputing the difference in an effort to lower our maintenance? Thank you.

- Melanie

One would think that correcting an obvious inaccuracy in a community association's governing documents should be as easy as deleting the misinformation and inserting the correct data, but it's not that simple.

Your association must use the square footage specified in the Condominium Declaration to calculate the monthly maintenance fee. If you are certain that the Declaration contains the wrong square footage for your unit, your recourse would be to follow the amendment process detailed in the Declaration to change the square footage.

Before demanding that the owner of the adjoining unit agree to amending the Declaration provision regarding the square footage allocated to each unit, check first to determine the manner in which the square footage was calculated, and if it is consistent with the measurement method of the other unit. It's possible that your listed square footage reflects the dimensions of your slab on each floor, while your appraisers calculated only the living areas (excluding garages, patios, etc.).

If no square footage is specified in the Declaration, then it would be appropriate to simply correct the formula used for determining the amount of the fee.

Sincerely,

Margey

How can we get an audit done on our condo association in Missouri? The board has voted to not have an audit done.  There has never been an audit performed and the property is over 20 years old.  This week we have had to obtain a lawyer just to get access to association records.

- Karen

Many states require condominium associations to have annual audits performed. Go to our State Resources page to find laws applicable to Missouri condominium associations. If statutes or your association's Condominium Declaration require an audit, I suggest you copy the pertinent verbiage for your board; perhaps the directors were unaware of the requirement.

If you and your neighbors feel that your board is not responsive to your needs nor complying with and upholding the provisions of your governing documents, I urge you to request an informal meeting at which your concerns can be discussed. After all, community association board members must provide a delicate balance between being sensitive to their constituents' wishes while ensuring compliance with state statute and the association's governing documents. There are often misunderstandings and miscommunications regarding the roles of the board and the homeowners; a relaxed, cordial discussion can prove both enlightening and healing.

Sincerely,

Margey

I am on the BOD of a 100-unit condominium association in Massachusetts.  When paying monthly condominium fees payments are to be in by the first of the month, but there is a 10 day grace period.  Several owners, including myself, have mailed checks on the 1st or 2nd of the month, but the check doesn't clear until the 11th.  We mail other bills at the same time and they clear our accounts within a few days.  Is it legal for the management company to hold checks in the lockbox and then charge a fee for them being late?  In talking with the property manager, he states that owners at other complexes that he manages have complained of the same thing happening.  He claims he doesn't know why they call it a grace period if they don't treat it as such.  Thank you. 

- Jane

Most community association governing documents state that assessments are due by the first, with a grace period for mail problems and forgetfulness. That means that payments should be mailed the last few days of the prior month to ensure receipt by the first.

Monthly payments sent to credit card companies, banks and utilities are typically processed in large amounts on a daily basis.  For your community association, however, your management company may receive only a few payments each day.  Management companies that do not use a bank lockbox may hold the daily checks until a sufficient number have been received to justify the time needed to process each batch.  In addition, many banks charge their commercial clients each time a deposit is made, so the costs might not warrant a daily deposit.  Regardless of these circumstances, assessment payments need to be processed at a minimum on a weekly basis.

You need to inquire from your management company the reason for the delay in processing.  Try working with your management company to monitor a few sample payments by noting the day the payment is mailed, the date received by the management company, the date processed by your manager, the date deposited at the association's bank, and the date the check finally clears your account.  Hopefully this information will help solve your problem.

Sincerely,

Margey

I applied for a reverse mortgage loan but since my home is not HUD approved, the lender submitted a form (requirement of the FHA) to complete. My condo board refuses to fill out the form stating that they do not like the"language" of the form and also because it has the word "project" at the top. I cannot go any further without this form completed.

- W.

If the lender requires that the form be completed, try obtaining a letter from a lending officer stating that without the document, you will not be able to obtain a loan. Or, your lender could talk with a representative of the board to allay any concerns and expedite the closing of the loan. You may also offer to compensate the board for the time needed to complete the document. If none of these options succeed, you may need the assistance of an attorney to explain to the board members their legal obligations with regard to executing the document.

Sincerely,

Margey

I am a Real Estate agent and I have a client that just purchased a home in **** ******(Duplex). She was told she needed a PUD form in order for her to get a commitment from her lender. Please let me know where I can find this so we may move forward. Thank you.

- Laurie

Your query reached Association Times' Ask the Expert service, a national resource for board members and homeowners living in community associations. Please contact the community association management company managing **** ****** to obtain the PUD form you need for the lender.

Sincerely,

Margey

I live in a condominium and the windows in all of the units are going to be replaced, and a special assessment is going to be needed. My question is: The board members are going to include a percentage (to be determined) on the special assessment just in case any problems arise, is that something that really needs to be done? Why can't they just cross that bridge when they come to it?

- Anne

Your association's governing documents may authorize only one special assessment per year. Your board may be concerned about additional charges arising once the old windows are removed, and want to ensure that there are adequate funds available to pay for any contingencies such as rotten framing or odd-sized windows that were not measured when work specifications were prepared.

Your board is acting wisely and prudently by considering all possibilities and ensuring that the window replacement project proceeds to completion without stopping to collect additional money from the homeowners. If unused special assessment funds remain after the project is completed, the board could consider depositing them in the reserve account, potentially reducing future maintenance fee increases, or reimbursing them to the owners in the same manner in which they were billed.

Sincerely,

Margey

I live in a small ***** County, CA , 21-unit CID where the HOA has a self-managed board of directors. Special assessments were voted upon by the homeowners to pay for badly needed roof repairs, to be paid by homeowners in three separate payments spread out over a designated time period. The board is now using the first payment of the special assessments collected to repaint the whole condo project without homeowner vote, which will create a shortage of funds for the roof repairs the homeowners voted upon for use of the special assessments. I am wondering if diverting these funds for a different use than voted upon is legal and what recourse a homeowner would have ensure the use of the funds as originally voted upon? Do I have the right to withold payment of these mis-used special assessments and instead hold my payment money in a separate bank account instead of paying it directly to the board to ensure the funds are not used for other purposes than voted upon? Isn't there any other way to enforce the board use the special assessments money for the purpose they were voted upon by the homeowners outside of expensive litigation? Thanks for your help with this, as a first time homeowner, the special assessments are very difficult for me to pay and to find the funds are being used for a different purpose than voted upon makes me afraid of more special assessments when there are not enough funds for the needed roof repairs.

- C.

According to Mr. Michael Packard, Vice President of Associa and based in the San Diego Associa-member company office of N.N. Jaeschke, your Board of Directors is not authorized to expend special assessment funds on any project other than the specified roofing program. If there is money left from the special assessment after the roofs have been replaced, the board might be able to allocate it to other projects such as painting. However, your board must comply with any provisions in your association's governing documents, in particular the Declaration, that address the disbursement of unused special assessment.

Sincerely,

Margey

I have just been informed that our HOA board president has decided that not only will we not be putting Christmas lights on our subdivision entries this year (I'm fine with that), but that the spotlights that shine on our subdivision entrances will also remain off so that they can save money.  Are they allowed to do something like that when that is one of the amenities our HOA listed they would provide in exchange for our dues?  Thank you.

- Sandy

It sounds like your association may be experiencing financial problems and your board is trying to be fiscally responsible by reducing all discretionary expenses. Unless your governing documents specifically require illumination at the entranceway, the board is authorized to determine what measures to take to save money. Perhaps soaring utility and insurance costs have eroded budget projections and your board is trying to prevent having to increase assessments by eliminating all nonessential services.

In order to maintain harmony in your community, your board might consider holding a town hall meeting to present the "state of the community", explaining the need to reduce expenses. Communicating both good and bad news to the members and soliciting helpful suggestions from homeowners with other perspectives on the issues fosters a sense of trust and accord, both of which are necessary ingredients for successful, productive community associations.

Sincerely,

Margey

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My new association (4 months old) has a 7 member board and 5 of them do not live on the property. Do you know where to find statistics on condo investors and how long they actually keep the property before selling again?       

- Krystal

Your local Realtors, especially those who have represented buyers and sellers in your community, should be the best resource for information regarding the length of time investors retain ownership of units in your condominium.

Sincerely,

Margey

Are there significant advantages or disadvantages to installing security gates in an existing condominium complex? 

A few members of our board of directors pushed a motion through to install gates that the majority of the homeowners had already voted against. They have not provided us with any information about the gates, how they would work, costs associated with them, etc. Their main argument for the gates is security but the homeowners aren't so sure that a little added security would be worth the added costs. 

Also, they are planning to put one of the gates directly in front of one resident's living room window, about 5 feet away.  The noise from the gates and idling cars will be an inconvenience, and that person's property value will likely decrease.  Can they do this???

Several people are extremely angry with the board and have signed a petition to call a special meeting to discuss the issue.  I am trying to find as much information as possible on the matter to distribute to the residents before the meeting.  Any information you can provide will be greatly appreciated!

- Kimberly

If your association's governing documents or state statutes mandate a certain percentage or number of homeowners to approve either the capital expenditure or the addition to the common areas, then the board does not have the authority to install the gates without an affirmative vote of the membership.

With specific regard to installing access (avoid using the word "security" since there are additional legal implications to that word), there is debate among legal experts over the consequence of installing new gates. Some attorneys opine that installing access gates increases the level of liability of the association to its members because the association is telling its residents that they are more "secure". Therefore, if a crime is committed within the community after the gates are installed, the association may be held to a higher level of liability and could be considered responsible for any losses that resulted from the crime.

Other attorneys do not believe that the association increases its exposure to loss by installing access gates. Rather, they believe that the association is obligated to do whatever is necessary to protect its members. There may be case law or statutes in your state or judicial circuit that may impact the determination of liability for the installation of access gates. So, before embarking on a major project such as access gate installation, your board should consider consulting with legal counsel to ensure compliance with the association's governing documents, state statutes and other legal issues that may affect their decision.

Sincerely,

Margey

I understand the need for Architectural review in a Home Owners Association. However, my question is: Does a home owner that belongs to that association have the right to request a copy of my house plans from the association board? Is the board required to give them a copy of my plans? Thank you.

- Jack

If the board retains copies of every home's building plans, then there should be no problem in releasing them to the owner either to copy or to retain once the home is built and compliance is confirmed. However, I do not think it is appropriate to release those plans to another homeowner without the original owner's prior written approval.

Sincerely,

Margey

Can anyone tell me the % increase in property values that amenities like a pool and clubhouse could/ should have?  Our developer recently built a 4000 sq ft clubhouse, before turning the association over to the homeowners.  Now, we need to increase dues significantly to support operating this facility.  We would like to tell residents that their property values just went up "x%", with the completion of this facility.

- Cathy

There are two excellent local resources who can best advise you regarding the effect the new clubhouse has on property values -- Realtors who are active in sales in your community, and property appraisers.

Sincerely,

Margey

Why have speed bumps, if they do more harm then good? Our subdivision just installed speed bumps, however, they are not marked and cannot be seen at night.  Causing injuries to car wheels.

After doing research,  speed bumps cause delay on emergency vehicles, 10 to 14 seconds delay, putting lives in danger.  Discriminatory against the severely disabled, elderly frail people, and those with serious back or neck problem. There are many many more.

- Sandy

In neighborhoods with narrow streets and no sidewalks, speed bumps and speed humps may very well save lives, especially those of small children unaware of the potential danger of vehicles whizzing by. However, all "traffic calming" devices should come with adequate warning to drivers to prevent injury to passengers or damage to vehicles.

The City of Austin, Texas published an excellent FAQ sheet on speed humps and speed bumps.

Perhaps you could consider downloading the sheet for your board members' edification.

It's possible that your municipality provides a similar treatise. In fact, many municipalities and state legislatures govern the placement, size and markings of speed bumps on private property. You can access your state's statutes and get more information on your municipality's ordinances by calling your elected councilmember.

Sincerely,

Margey

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I am a Georgia HOA board member, and we have a resident who chose to ignore numerous notices regarding covenants violations (visable trash container, and excessive kids equipment on the driveway).  These are clearly stated in the covenants.  Fines and legal fees have accrued into the thousands.  Now the homeowner is threatening to file a countersuit against the board, siting selective enforcement. Fortunately, we have a management company that does all the violation reporting, so there is no selective enforcement here.  I haven't seen this covered before, any suggestions for what to look out for.

- Dave

Since your association's board members are ultimately responsible for everything that occurs in your community, I recommend that you do not assume that your management company has addressed all deed restriction violations. They need help from a Maintenance Committee or Compliance Committee to be additional eyes and ears for them, since they are not on the property on a daily basis. It's not a bad idea for board members to inspect their community at least quarterly to 1) assure your constituent homeowners that you are being vigilant in your board responsibilities with regard to common area maintenance while assuring yourselves that you are indeed aware of the condition of your community's physical assets, and 2) monitor deed restriction violations to ensure that they are being processed according to your enforcement policy (which you should develop if one does not exist).

It sounds like your association's legal counsel is already pursuing compliance with this particular homeowner. He or she is probably used to homeowners going on the offensive when shortcomings in their HOA responsibilities are brought to their attention. Trust your attorney to follow up with your management company and the board members to ensure that your efforts cannot be challenged in court. However, I urge you to keep the lines of communication open. It's possible that conversing directly with the homeowner, assuring him that all similar violations are being pursued, may change his attitude and convince him to cure the problem. Check with your attorney first, though, to determine if a conversation in this stage of litigation is appropriate.

Sincerely,

Margey

In 1987 the developer filed a basic set of covenants and put into it that they would remain in effect until 2009.  Nothing over the years was ever looked into until this past spring.  It was decided to form an HOA, it was voted into being.  The Board polled the homeowners and 90% wanted to create a new set of covenants to meet the standards which the homeowners wanted and to meet future concerns.

Two homeowners state that since the original covenants were to go through 2009, any new covenants would not be placed into effect, making them null and void. 

It is our contention, that we have 90% of the homeowners have voted in favor of creating new covenants and that we have the power and authority to do so.

Can you help us confirm this, or direct us to a local source for an answer, we are located in Georgia. Thank you.

- Craig

Your homeowners association was actually formed when the developer filed the covenants in 1987. In order to update the provisions in those covenants, the homeowners must comply with the amendment provision detailed in that document. Since you already have 90% of the owners in agreement regarding the verbiage, you should have no problem passing the amendment to replace current wording with more current and applicable verbiage. However, it's possible that a provision in the existing covenants requires the approval of all or a percentage of all the lenders who hold mortgages on homes in your community.

I urge you to consult with a competent attorney knowledgeable in Georgia community association law to ensure that your association follows the sometimes confusing requirements for amending a community association's governing documents. If you need help in finding such a lawyer, consider going to the website for the Community Associations Institute (CAI), and click on "Chapters" for contact information on the Georgia chapter. There are several very knowledgeable attorneys who are members of the Georgia CAI chapter.

Sincerely,

Margey

Our 3-unit condo has been plagued with legal issues due to one owner's, and now his successor's, insistence on trying to utilize limited common elements as private property, and trying to utilize Unit space in contravention of Chicago zoning law.

We have no reserves and are anticipating needing funds for legal defense. Should things progress as before, the contentious owner may stop paying assessments before we have enough money in our reserves to pay the Association's lawyer.

Is it possible in Illinois to raise a special assessment that is specifically intended for the reserve, and then apply these funds to our legal defense in case such a defense is needed?

My concern is that a special assessment earmarked for legal defense will go unpaid by the contentious owner and then the other two of us will be left holding the expenses. Thank you.

- Kirstin

According to Ms. Chris Evans , President of Vanguard Community Management, an Associa-member company in Schaumburg , Illinois, the situation you described is not unusual in extremely small associations. There is rarely enough money to engage an attorney, the one resource most likely to offer sage advice on resolving the issue. 

The purpose of reserves is to fund future repairs and replacements such as roofs, not to pay for operating expenses such as legal fees.  While ideally you could special assess the owners to pay for attorney fees, Ms. Evans agrees with your judgment that the contentious owner would probably refuse to both approve and pay whatever amount his two neighbors agree on.

Ms. Evans urges representatives of the three units to meet to discuss all issues in a cordial, relaxed environment. At the meeting, review the governing documents so that all three of you understand the obligations, authority and limitations of the association as well as the maintenance responsibilities of both the owners and the association.

Another possibility would be to engage the help of a third party mediator. Perhaps the municipal court system, a volunteer-supported organization, or a city- or county-funded entity such as a dispute resolution center offers mediation services at low or no cost. 

If all else fails, it might be worth it for you and your supportive neighbor to pitch in to retain an attorney to help find a solution to the impasse you're facing. A phone call or letter from your lawyer might very well dispel your contentious neighbor's bravado and ground him in the reality of living in a community association.

Sincerely,

Margey

Our Management Company has quit due to low assessments and involvement and we have not had time to hire an attorney and we need Releases of Liens filed A.S.A.P.

Can the Board of Directors prepare the Releases and sign for recording with the Court Real Property Records?

- Regina

Many states prohibit lay persons from recording documents that may affect property ownership, since it's relatively easy to use the incorrect form or verbiage that could result in inadvertently impacting title to the property. Check your state statutes to determine who is authorized to release property liens.

With regard to the bigger picture - losing your management company because of both financial and operational shortcomings - I urge you to peruse the articles and Ask the Expert archives. I hope this site will educate you and your board about the intricacies of community association operations, enabling your association's leaders to overcome current challenges to the successful administration of your community.

Sincerely,

Margey

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Numerous owners have chosen to add security or screen doors in front of their original doors (without permission).  Since these added doors cover most, or all of the outside door trim, is the Association still responsible for painting/and or replacing the trim?  Other Associations in town state that owners are responsible for anything that is inside the added doors.  What is your opinion?  Thank you!

- Jennifer

If your governing documents do not contain a provision addressing the maintenance of door trim when screen doors have been installed, the board should craft a policy resolution addressing maintenance responsibility in that situation. Be sure to follow resolution development requirements that may be detailed in the documents or state statutes.

Sincerely,

Margey

My inlaws purchased a condominium in Ohio last year through a realty company representing the builder.  I was present when my father inlaw asked the realtor what part of the unit they were responsible for in terms of upkeep. The realtor told him, "You are only responsible for the drywall in.  The association maintains from the drywall out."  I became interested in a unit in the same complex and obtained a copy of the bylaws from the realtor representing the builder.  I was shocked to find out that each unit owner was responsible for any repairs to the roofs, driveways, exterior walls, slab, foundation, and anything attached to the exterior walls.  I have learned that my inlaws neighbors were not aware of this.  All of them have standard condo insurance that I doubt covers any of the structure.  There is a large senior component in this complex and I fear that the realtor misrepresented the bylaws verbally.  I spoke to another realtor who has sold some of the units and she was shocked to learn about the bylaws.  I have never heard of a condominium complex with multi-attached units that did not have an association to handle the structure's maintainence. I would appreciate any light you could shed on this.  I feel badly that I did not examine my inlaw's by-laws before they bought into this community. 

- Jerry

The obligations of a condominium association are defined in the association's Condominium Declaration as well as in your state statutes. While Ohio 's Condominium Act provides the foundation for the association's duties to the owners, there is latitude with regard to specific maintenance responsibilities. With regard to a developer's responsibility, however, the Act may contain specific mandates to provide every potential purchaser with specific information relevant to maintenance obligations of the association.

If your in-laws' Realtor was deliberately deceptive about the existence of the association, you might consider reporting him or her to your state's Board of Realtors. However, if the association's governing documents were legally recorded, it could by considered adequate public notice for all potential buyers. Check the Condominium Declaration and state statutes for clarification on your rights and possible recourse in this matter.

Sincerely,

Margey

Thank you for your assistance,

I have had a deck roof leak since, June 2005.  The Past president tried to fix the leak unsuccessfully in June.  In July I wrote a letter to the Board they had a contractor lined up who never showed.  I wrote the Board again in Aug they said the same contractor would show up the next week, he never showed.  In August we elected a new board, I verbally told the new President about the leak and Pat who was on the previous board had my letters,  a week or so later, I mentioned the matter to another board member, she said maybe I should contact the list of contractors she had.  I did a few days later we had a really bad storm caused from one of the hurricanes, I sustained quite a bit of ceiling damage from my roof deck.  I emailed the Board with all of my documentation, conversations with the new board members etc.  The same day I sent out the email,  the Board sent out a letter stating they would not repair any "Common Elements" pursuant to the By-Laws.   I checked the two past budgets listing repairs, Common Elements were the only things repaired, isn't historical data considered precedence? I have paid for other units "Limited Common Elements" over the past two years, provided by the historical data that I have.  I have also asked for their books six weeks ago they have not yet provided me the books.  Also for 6 months they tried to fix on three separate occasions.The Board filed a claim with the Condo's insurance, the claim was denied.  I sent another email to the Board, still holding them responsible for my roof and ceiling leaks.  We were verbally told they are not responsible for a deck "Limited Common Element" the deck is our deck roof and part of the roof,  part of the structure of the building covering protecting the interior.  I have researched this week, the research which states even though it is "limited common elements" deck flooring is considered structural, by most State Codes.  This is my roof and I want it fixed, I have  a considerable amount of documentation where the Board was going to repair and also implied.  This is my Roof.

Also they want to change the insurance policy to larger units paying more for insurance than smaller units, I told them they could not do this, their answer this isn't fair to the owners who own the smaller units.  I think possibly they can by a unanimous vote of all unit owners and contacting all Mortgage Holders.  Is this correct? Your thoughts? Thank you.

- Philip

Your community association's governing documents should contain answers to all the questions you posed in your message. More specifically, your association's Condominium Declaration should contain provisions specifically defining ownership of certain physical components within the community, including roofs, and allocating maintenance responsibility for both those components and for interior damage caused by the failure of a common element. Your board of directors is legally obligated to enforce the provisions of the Declaration, including maintaining that which is defined as association responsibility and not expending common funds on items that the Declaration mandates are the responsibility of the owners.

There is often confusion regarding a limited common element and maintenance responsibility allocation. Even though the Declaration may define a component as a limited common element, only the Declaration can determine if the owners or the association are responsible for its maintenance - it's not an automatic assignment to one or the other.

With regard to changing the manner in which maintenance fees may be calculated, the board must strictly adhere to the amendment process detailed in the Declaration to ensure that any revision to the document is valid and enforceable.

Sincerely,

Margey

I am seeking help with a unique situation I am going through with my townhouse communities association board and managing company.  I would like to hear any advice about any legal recourse that I have in getting the issue resolved.

The issue is:

I live about 30 feet from the community "trash compactor".  The site is located at (1) of (2) entrances we have into the community.  The site is being used by people outside our community to dump their household goods.  When sitting in my back yard, I have clear view of the mound of debris that is quickly forming.

Our association is aware of the problem but do not have the funds to continually pick up the debris left by others.  This weekly pick-up has drained reserve funds from the association bank account.

We, as a community, voted last year on how to solve the problem.  Due to the expense of alternative solutions (such as removing the trash compactor and having curb side service, placing a lid on the compactor or building a fence around the site), the community majority won the decision to keep the site as is.  At that time, the association also promised to stay on top of monitoring the site and help keeping the site clean.

Can your firm provide help in finding a solution to this problem?  I would like to speak to someone about whether I have a case or not.  Am I premature in speaking with a lawyer?  Is it too late to sue the builder?

- V.

Your board of directors is certainly obligated to maintain the common areas. If the funds in your association's operating account are insufficient to pay for providing care and service as required by the governing documents, and if the budget has proved to be inadequate because outflow exceeds income, the board has a fiduciary duty to resolve the shortcomings and inequities. Just because the  unsightly (and probably smelly) trash compactor doesn't affect most of the owners doesn't mean the board can ignore your situation.

Here are some suggestions that may resolve the current impasse:

1. volunteer your services to the board with specific regard to assisting in the collection of delinquent assessments;
   
   
2. volunteer to serve on a Budget Committee that would evaluate current funding levels and determine if additional monies are necessary to adequately and appropriately maintain the common areas and provide needed services required by the governing documents;
   
   
3. volunteer to serve on the board at the next annual meeting so that you would be in a position to make decisions regarding the trash compactor (remembering, however, that you should not vote on any conflict of interest situations and must always act in the best interests the community, not individual owners);
   
   
4. ask an attorney or manager knowledgeable in your state's community association laws to advise the board on options available to resolve the current situation with the trash compactor;
   
   
5. obtain a written legal opinion addressing the obligations of the board regarding the trash compactor and present a copy to each board member, taking time to discuss with each director your suggested resolutions to the problem

Hopefully, the above represents a sufficient number of alternatives that both you and the board can together embrace at least one of them as the mutually-satisfactory resolution to the trash compactor issue.

Sincerely,

Margey

The windows in our entire condominium complex are going to be replaced and my husband and I are very good friends with a person that does that type of work and he is a licensed and bonded contractor. We would like to have him do just our windows, that way we would be saving about two thousand dollars. The board's special assessment is roughly $4,000 each unit for the windows. The Treasurer has told us that we have to pay the special assessment just like every one else and we cannot have someone other than who they hire to do our windows.  Why is it not our choice or anyone's for that matter to be able to save money in this type of situation.

- Marie

Your association's Condominium Declaration probably requires special assessments to be imposed on all units without the authority to excuse an owner who may be able to perform the service or work on his or her unit for less money. Remember that in a condominium association, windows may be considered limited common elements, not owned by each individual owner. If this is the situation in your association, then owners do not have the authority to effect repairs on any of the limited or general common elements without approval of the board. In effect, your special assessment is paying your prorated portion of the expense to replace all the windows in the building, not just the ones in your unit.

If your friend has the ability to replace all the windows in the entire building at a better cost, given the same replacement specifications and contractor qualifications, why not ask the board to solicit a proposal from him? Since your board members also have to pay the assessment, I'm sure they would be willing to reopen the bid process unless a contract has already been executed.

Sincerely,

Margey

How detailed should the financial information provided by the management company to the board members be? Do we have the right to insist on seeing the material bills and detailed explanation how the materials were used? The management company insists that they are using vendors that provided the whole sale price based on bulk orders and it will be too time-consuming for them to provide us this information. We are questioning the number of overtime hours paid to couple of the management company employees.

Do we have the right to see those employees' time cards or other related documents to verify this information? The number of overtime hours exceeds in some cases the regular 160 hours per month.

- J.

If your board is uneasy about giving carte-blanche to your management company regarding billable hours for maintenance work, consider

1. imposing limitations on the number of overtime hours charged each month;
   
   
2. obtaining and submitting to the board for approval proposals for work that may involved more than $1,000 in total charges;
   
   
3. asking a third party, independent consultant such as an engineer to review the bills to determine if they are reasonable under the circumstances
   
   
4. requiring that the management company obtain prior board approval for any maintenance work or expenditures that exceed the budgeted line item

The emphasis should be on holding the management company accountable for work performed. It's difficult to impose requirements after the fact; unless you have clear instructions regarding expenditure of association funds, both the board and the management company will struggle to control expenses. Focus on the big picture, not micromanaging your association's operations.

Sincerely,

Margey

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We have purchased property in ***** County in Virginia.  There is a homeowners association and an architectual committee.  We have plans for a 3000+ sq. ft. home.  The committee is restricting us on the type of roof pitch.  Our house has several different pitches ranging from 6/12 to 10/12.  They want us to have either all 8/12 or 10/12.  Every builder and architecture we have engaged will not put that type of roof on the style house we want.  Can this committee enforce their restriction?  There is nothing that I have seen in writing and I have asked to see their bylaws.  I am willing to take this committee to court.  Do you know what the laws in VA are pertaining to Homeowners Associations and various committees? Thanks.

- J.

It is reasonable to request written architectural guidelines from the Architectural Committee. If you are unsuccessful in your efforts, and if the Committee continues to deny the 6/12 pitch you are requesting, consider appealing to the board for assistance and guidance to the committee. In your appeal, include letters from your architect and builder supporting the need for the 6/12 pitch and providing photographs demonstrating the difference between 6/12 and 8/12.

Sincerely,

Margey

I understand that all dogs are required to be leashed when outdoors.  My question is this, I am a disabled young women, because of my disability and my medications, it is impossible for me to walk my dogs on a leash.  I have bought electronic collars for my dogs and do keep a leash on their collars.  I hired a young girl to walk my dogs after school. I am attempting to be responsible and taking any action that I can to follow the association guidelines.  I have pleaded with the board to allow me to use the electronic collar device when walking my dogs due to my medical condition.  To no avail, they denied my request and I am now beginning to receive penalty fees.  I have attempted to walk my dogs with a leash, (they are not large, but strong) and I ended up breaking a bone because of my medical condition.  I am legally considered disabled.  Do I have any rights being a disabled person?  And, is there any consideration that the law give to people who are disabled?  I have asked law enforcement officers (police/Illinois) and they have told me that they do not enforce the leash law as long as a dog is on a leash, however they say that associations/management can be less compassionate and less understanding.  I desperately need help before I wind up in the hospital for good.  A fence is not a solution since we are unable to have fences.  Please help!!!

- Carol

Your association's board of directors may not be aware of the provisions of the Fair Housing Act requiring accommodation for legally-defined disabled people. Consider copying for each board member the Department of Housing and Urban Development's fair housing mandates which you can access on our Links & Resources page, then scroll down to "Fair Housing Laws" under "Active Adult Communities".

Sincerely,

Margey

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