Ask the Expert

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

We have just gone through a transition of the HOA from the Developer. My question is simple. Is the Developer still the Developer after the HOA and Commons are handed over?  I guess I'm asking for a time when the Developer ceases to be a Developer. Thanks.

- Ann

The developer will always be the developer, but perhaps your question is at what point does the developer relinquish any special status. The answer to that question can be found in your association's governing documents as well as state statutes.

Either one or both resources should contain specific provisions detailing when the developer no longer can claim exemption from paying assessments or other requirements imposed on homeowners in the community.

Sincerely,

Margey

I am a small developer getting ready to hand over the association to homeowners. There are only 4 homeowners, according to bylaws only 3 may serve on board.

• Question 1: Can secretary be a non-board position/volunteer?
• Question 2: We are attempting to get a slate of nominations before board mtg. so we can vote at meeting, is this ok?
• Question 3: By laws state that person w/most votes serves 3 year term, second most serves 2 years, least votes 1 year. Since there only 4 members voting we are not sure if this will work any suggestions?

Thank you.

- L.

What a quandary you have! Thinking of all the permutations and combinations of four owners voting for three board positions, it's possible that no clear winners would emerge. Perhaps you could encourage the four owners to agree to amend the documents to provide for all four of them to participate as board members in the operational decisions of the association; in the event of a tie vote, the issue either passes or fails, depending on the verbiage in the amendment.

In response to your other questions,

1) as long as the Bylaws do not require the Secretary to be a homeowner, that position can be filled by a non-owner.

2) if the Bylaws require a nominating committee, consider eliminating it if your owners agree to amend the documents as described above. In such a small association, a nominating committee may serve only to engender hurt feelings when, in reality, all four owners need to work together to ensure the success of their association and the protection of their property values.

Sincerely,

Margey

We have a 22 house subdivision that is a corporation.  There are 3 Board members...  in addition to that there is a President, a Treasurer, and a Secretary who "run" the association.  I only recently moved here, but this seems like a very strange setup. Located in *****, Indiana... I would like to hear any thoughts you have on this situation.  I assume as in any Corporation the Board has the most authority.  I was not told this is a corporation when I purchased the house... is there a downside to this?  Or an upside?   Any information you can give me would be greatly appreciated. Thank You.

- Ernie

Your association's Bylaws should address the status of officers of the association, defining whether or not they must be homeowners and members of the board of directors. It is not unusual for there to be a separation of duties between directors and officers; it's one method of encouraging additional participation in the leadership of the community. Typically, however, the ultimate responsibility for the operations of the community rests with the board of directors, and the officers must report to the board and serve at the discretion of the board.

Most homeowner associations are incorporated to protect the individual owners and volunteer leaders from personal responsibility in the event of litigation. Banks, contractors and vendors often prefer to work only with corporations. Insurance companies more easily craft liability and property policies if the association is incorporated. To learn more about the benefits and disadvantages of incorporation, go to any search engine and enter "benefits of incorporation" in the search field.

Sincerely,

Margey

I own a hoa unit in *****, New York. I am of mixed religious heritage therefore my following objection is not biased but a belief in separation of ANY religious situation in clubhouses. Our president is sending Yiddish tunes through, which I believe to be a website naming our hoa. He also plans to install a Mezuzah on the clubhouse door and because a neighboring hotel may be closing he is considering making our new clubhouse a part time Temple. I have Mezuzahs on all my doorways in honor of my husband but I told him I object to them in public places. His reply, which I have in writing was extremely bullying, can he really do what he pleases with our new clubhouse regarding religious artifacts and making it an object of worship???????? Thank you.

- N.

It is inappropriate for any board member or officer to impose religious practices on the residents in a homeowners association. I recommend that you and your neighbors ask the president to cease his efforts. If he persists, consider explaining to the other board members why you are offended by the president's actions and asking them to instruct him to refrain from any public religious customs or behavior that affects the association or other homeowners. Alternatively, the board has the authority to remove an officer at any time, since officers serve at the board's discretion.

Sincerely,

Margey

What is the appropriate size for a community association Board? We can have 3 to 9 for a community of 4000+ homes--what rationales are used to designate Board size in individual communities?

- Charles

I applaud the attorney who drafted your documents with such flexibility as regards the size of the board. There is no right answer relative to how many directors you should have; it depends on:

1. How many active volunteers there are in your community;
   
   
2. How active your community is -- are there deed restriction violations; deferred maintenance of common elements; financial difficulties?
   
   
3. How many active committees there are;
   
   
4. How much expertise is needed to operate your association; and
   
   
5. How many potential board members are available to attend regularly scheduled meetings and perform the other obligations of community association board members.

The more problems there are in your community, the more helpful it would be to have as many dedicated, sincere and dependable board members as possible to work together to provide consistent, responsive leadership.

Sincerely,

Margey

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I live in ****** community in *****, Virginia.  My question is, is it proper to have the names and contact information for all HOA BOD members published on our HOA website and in our newsletter?  Is it also proper to have the term expiration listed as well?  I have no clue when present members terms expire and the Management Association is not helpful in providing the information nor an answer to my question.  Thank you.

- Albert

The Virginia  Property Owners Association Act requires that the names and addresses of board members be disclosed to a homeowner upon written request. However, I think that homeowners who volunteer to serve on their community association's board of directors should make themselves reasonably available to the association's members just as elected officials must be responsive to their constituents. Listing the directors' names, phone numbers, term expiration dates and perhaps email addresses on the website and in newsletters is certainly appropriate in some situations, especially when an association is self-managed.

However, homeowners should respect board members' privacy and not abuse the board members' accessibility. If the board has established a procedure by which complaints, requests and comments should be communicated, such as first contacting the management company, owners should comply with that process. If owners are not satisfied with the manager's response, it would then be appropriate to convey concerns directly to the board.

Sincerely,

Margey

Buyers - Special Assessments

I have several issues pertaining to the 'For Sale By Owner' purchase of a condo in So. California in January 2005, but will limit it to the condo association.  In 6/05 I signed a 12 month lease on a condo with a private owner.  1 month after signing the lease, the owner notified me that he was being transferred to Florida & had to put the condo up for sale, unless I wanted to purchase it myself.  He arranged with a broker (who was also a friend of his) to contact me.  We opened escrow in Nov 2004. About 3 weeks into escrow, a friend who owned a condo in the same complex mentioned that the condo association was discussing a special assessment of about $5000 per owner to make general repairs to the outside of all units. I asked the owner if he had received any notification or heard anything about it and he assured me that he had not.  Not being a homeowner, I was not able to inquire directly with the HOA.  In October 2005, the HOA determined the special assessment to be $8500 per homeowner, due in full 1/1/06. Is the HOA under any obligation to provide notice to the prospective buyer of an impending assessment, especially one of this magnitude?  The seller owned the property for 4 years prior to this sale. Also, is it legal to levy such an exorbitant fee?  From what I can gather from the financial statements from the HOA (which I did not see until March 2005 with my first statement), the reserves were terribly low.  In June 2005, the original HOA management company was replaced as well.

I am a single mom and my 'dream' home has turned into a nightmare! There is no way I can come up with $8500, and qualifying for a loan is impossible this soon after purchasing (I already have a 1st (80%) and purchase-money 2nd (20%) - A whole different story!!). 

I would appreciate any help/advice you could give me. Thank you. 

- Cynthia

According to Mr. Michael Packard, PCAM, CPM, CACM, President of N. N. Jaeschke, an Associa member company located in San Diego, the board of directors of a homeowners association is obligated to inform its members about anticipated special assessments. In turn, sellers and their Realtors are required by law to disclose a pending special assessment to a prospective buyer

With regard to the board's authority to impose an $8,500 special assessment, check your association's governing documents to determine if the amount is valid. While any special assessment can create a hardship for the members of a homeowners association, maintaining the financial stability and viability of the association must be paramount. Otherwise, each owner's investment in his or her home may diminish as a result of reduced property values because the common elements could not be adequately maintained.

If you believe there are economies of scale or conservation efforts that the board has not addressed, don't hesitate to discuss your ideas with your board members. They should be more than open to any suggestion that will save association funds and prevent or reduce the amount of a special assessment.

Sincerely,

Margey

******, Florida. HOA declarations state only president and treasurer must sign and cosign any check for expenditures by the HOA. Another board member has been ordering petty cash checks to himself and has either signed them alone or with another unauthorized board member signing with him. He also signed a contract for general maintenance with an individual contractor for over $26,600 annually. This contract was only signed by himself. He has no authority to do so. Again our declarations state president and treasurer can sign, and that 3 bids must be received before accepting any contract. No other bids were received in this case. There are 3 board members in on the check cashing, none of whom have authorization. The board has only 5 members total. The 3 involved always carry any votes. Our president and treasurer are new to the board and we have only recently discovered these actions. What legal steps can the remaining board take? Thank you in advance.

- D.

Please contact Florida 's Condominium Ombudsman for help in resolving the issue regarding the potentially unauthorized actions of some of your board members.

Sincerely,

Margey

Our Condominium Association consists of 61 units in one four story building.  The largest units (penthouses) are almost four times the size of the smallest.  30% of the building is common area.  The Building sits on a large lot. The City and County assesses one property valuation/property tax for the entire Association. The Association bases assessment of all the property tax and common area utilities on sq. ft. of each unit.  (a percentage interest in the condominium has been calcualated for each unit). Maintenance and daily upkeep and the reserve fund are assessed/divided equally. An owner of a Penthouse believes that the common areas are shared equally and should be assessed equally (property tax and utilities) and the owner would then pay property tax for the individual unit.  The owners of the smallest units (one bedroom) believe they require less infrastucture and since their units are so small it does not seem fair to pay assessments as high as the penthouses.  Are there any statutes or standards for assessing property taxes and utilities when there are individual units of such varied sizes?

- Liz

Your association's governing documents should contain a provision detailing how maintenance fees and other assessments should be calculated for each unit. Whether it seems fair or not, the board of directors must comply with those instructions. If many of your neighbors agree that the current method is unreasonable, they could petition the board for a special meeting of the association members for the purpose of amending the provision in the Declaration addressing the manner in which assessments must be calculated. Since an amendment to the Declaration requires very specific procedures detailed in that document, I encourage you to consult with a competent attorney knowledgeable in community association law and case law to ensure that the Declaration is properly amended.

To determine if state statutes mandate a specific calculation process, go to our State Resources page.

Sincerely,

Margey

Our community here in N.C. just voted in the 1st five member board taking control away from the developer.  I have been informed by a member of this board that they are going to raise our dues about $50 per year to start.  It was stated that this is because the new board has spent a large sum of money on upgrading exsisting conditions (ie.; one member was not happy with the clarity of the community pool water so they voted to update all filtering equipment, they want new blinds in the club house and shelving on the walls for storage).  They also have decided to hire a landscaping company to spray all the trees in the subdivision, something that has never been done, and to fertilize the grass between the curb and sidewalk in front of everyones' home. 

To me this sounds like they have wasted money on upgrades that were not needed (I too use the pool and found the water clarity to be excellent) and are planning new services that also might not be needed.  Can a board do this legally without bring the matters to the membership for a vote?

- Dave

So long as your board members comply with the provisions of your association's governing documents and state statutes, I would suggest that they are acting in a prudent and reasonable manner to protect the physical assets of your association. None of the actions you described appear to me to be inappropriate, unwarranted or excessive. Remember that they, too, are homeowners and must also pay the additional $50/year, which is not an exorbitant increase when one considers the additional services that will be performed to maintain and improve the common elements.

Sincerely,

Margey

I live in a newly developed area in South Dakota.  The homes in the area are all stick framed single family dwellings and all property and home maintenance is the responsibility of the homeowner.  All utilities are paid by the homeowner including water and sewer.  When we moved in in June of 2005 the Home Owners Association was charging dues of $15 per month for street maintenance but have performed none including no snow removal after several snow falls.  After we moved in an election was held and the HOA was incorporated into a city.  Shortly afterwards a mayor and city councilman were elected and local taxes were established.  These taxes include a 2% sales tax and a property tax of $4.50 per $1,000 of home value.  At the first of the year the city starts collecting these taxes.  My primary question is if the city is collecting a portion of our property taxes, can they still bill us for HOA dues as they are currently doing? My second question is what are the homeowners rights for paying dues and taxes when the money is not being used for street maintenance?

- Jeff

It is possible that your $15 per month association dues pay for more than just street maintenance.  Association expenses may also result from liability insurance for the association and property insurance for any common elements, taxes and tax return service, and compliance with federal, state and local laws.  Consider asking your board for a copy of the budget and a recent financial statement so that you can see for what purposes your association's assessment fund are being used.

Sincerely,

Margey

I am the president of a 44 home community which is 2 years old. The laundry list is quite long. One of our problems is there is No Reserve in the budget. We had $34.00 left from 2005 and with the increased Dues... I expect around $200.00 this year. What type of Fund Raisers are good for HOA's?

- Jim

With only $200 projected to remain in your association's bank account at the end of 2006, you need more than fund raisers to boost your account balance. I recommend that you hire a qualified engineer or Reserve Specialist (a designation conferred by the Community Associations Institute to conduct a reserve study. The reserve study will identify all the physical components of your community which the association is responsible to maintain and replace, the replacement cost, remaining life, and the amount that should be transferred from the operating to the reserve account every month. With that information in hand, the board can make an educated decision with regard to raising maintenance fees or imposing a special assessment, in compliance with the association's governing documents.

Your association's financial condition can quickly become disastrous in the event an unbudgeted expense occurs. The only way to ensure financial stability is to create an adequate reserve fund so that major repairs and replacements can be anticipated and paid for in a studied, deliberate manner instead of in crisis mode. Without an adequate reserve fund, necessary common element repairs and replacements may not be addressed because of a shortage of funds, resulting in lowered property values and disharmony among the residents.

For more information on reserve funds, click on "Search" and enter "reserve fund".

Sincerely,

Margey

Can a homeowners association use the Capital Reserve Fund, which is for the maintenance of existing assets and the acquisition of additional assets, as a mechanism for borrowing money and servicing of the long term debt? The money would be used for repairs, expansion or for new assets.

- Joseph

If you are asking whether the board of directors of a homeowners association may use the reserve fund as collateral for a loan for the repair and replacement of existing common elements, the answer is "yes" --  so long as the association's documents authorize the board to borrow money and to pledge funds of the association as collateral.

If you are asking whether the board may use the funds as collateral for a loan to construct new common elements, the answer is less clear. Reserve funds are intended to replace existing components; a capital improvement fund is created to pay for new components such as a tennis courts, awnings or a gazebo.

I urge you to consult with a competent attorney knowledgeable in community association law and case law for an answer specific to your association's circumstances.

Sincerely,

Margey

I am the President of our Condo Association in Illinois. We have 24 units are are designated as a not-for-profit corporation, a homeowners association with a type of homeowners' association of condominium management association.  We file form 1120-H as our annual tax return. We have a woman who has been cleaning our lobbies and stairways for the past 2 years of which we write her a check for $450 every month. We have never issued her a 1099 but someone recently suggested we should be sending her a 1099 form since her income from us is over $600. Our management company told us they would issue it if we asked, but do not seem to know if it is really required or not. Can you help us make the final determination of whether or not we need to issue her a 1099? Of course we would prefer not to have to, as would the cleaning lady, but we need to know the real facts. Thank you.

- Susan

Internal Revenue Code requires Form 1099 be sent to unincorporated contractors who are paid more than $600 a year. The IRS will then expect the contractor to claim that income on his or her tax return, paying all taxes that may be due. The following is a link to the IRS site detailing instructions for filing the 1099 form.

Sincerely,

Margey

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I live in ****** and I would like to know will we ever get a club house and a pool and something for the older children to do? The park that we have is very nice but for smaller children.

- Margie

I think you may have intended your question to reach your board of directors, developer or management company -- Ask the Expert is a service offered nationwide to respond to general questions regarding the operations of community associations. Perhaps you could call the appropriate party to determine future plans for your association's common elements?

Sincerely,

Margey

Good Morning,

As a subscriber to your newsletter, I recently read the article on "Wanted: Community Association Managers".  Do you have access to a list of the various HOA in the DC metropolitan area or know of a resource that I can tap to get that information?  Thanks in advance for your time.

- Linda

Many homeowners associations are members of the Washington D.C. Metro Chapter of the Community Associations Institute. By becoming a CAI member, you can have access to their directory to obtain information regarding member associations.

Sincerely,

Margey

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Our board of directors in our townhouse complex located in Pennsylvania, voted to pay a contractor with full knowledge that all the work stipulated in the contract had not been completed.

I was wondering if Business Judgement Rules affords them protection from any liability for this decision or does rules of reasonableness supercede the former.

And does the Business Judgement Rule give almost blanket immunity to the board of directors in matters such as this. Thank you.

- Dan

The Business Judgment Rule protects board members only if the following three criteria are strictly met:

1. The board complies with the governing documents and state statutes;
   
   
2. The board carefully and thoughtfully investigates all issues that may affect their decision. For example, did the board use good judgment in paying a contractor before the work was completed? What assurance did the board have that the contractor would complete the work after being paid in full?
   
   
3. No conflict of interest exists between any board member and the contractor.

Only if the board can prove that all three questions can be answered with "yes" without qualification or equivocation would the Business Judgment Rule protect the directors from allegations of improper and inappropriate actions.

Sincerely,

Margey

My question relates to understanding what the Illinois Condo Property Act says in regards to FILLING BOARD VACANCIES.  Here is a copy of Section 18, part (13) which reads as follows:

" (13) the method of filling vacancies on the board which shall include authority for the remaining members of the board to fill the vacancy by 2/3 vote until the next annual meeting of the unit owners or for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy for the balance of the term, and that a meeting of the unit owners shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting such a meeting; and the method of filling vacancies among the officers that shall include the authority for the members of the board to fill the vacancy for the unexpired portion of the term;"

[*If there are any other parts of the act or any other law that relates, I would appreciate that info.]

MAIN QUESTION: When a board position opens up in mid-term so that there is a vacancy to fill, are there any ways that the owners can have a say in who fills that position? This could be especially important if the owners are not happy with the person that the board appoints/elects to fill that position.

The condo board president and the property manager have one understanding of this section.  I have another.  I'm wondering which of us is correct. Understanding it is critical to a current situation of filling a vacancy.

Where we both agree: 
--That the board has the authority to fill the vacancy by a 2/3 vote until the next annual meeting.

Where we disagree:
MY INTERPRETATION:  (Bottom line: the owners can ALSO have a say in who fills the position - which is especially important if they don't like who the board elects/appoints.)

Item 13 above says says that the unit owners can petition to request a meeting OF UNIT OWNERS to fill the vacancy for the balance of the term. It also says that if the BOARD MEMBERS appoint/vote someone to fill it, that person serves until the next annual meeting OR, "for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy." In other word's, the board appointee would serve only until the owners have had a chance to fill the vacancy.

Now... MY understanding is that that means that the OWNERS (with 20% signatures) can petition for and call a meeting and vote on anyone who has shown interest and/or filed a candidate application form and thus decide who will fill that vacancy. This, to me, makes sense since the condo board is an ELECTED body, so it only makes sense that the owners SHOULD have an opportunity to have a say in who fills the vacancy.

THE BOARD AND PROPERTY MANAGER'S INTERPRETATION: (Bottom line: the owners have no say in who fills this position at this time.  They have to wait until the annual meeting.)

They say that the purpose of the petition signed by homeowners is only to address a situation where a board chooses not to fill a vacancy but the homeowners want it filled.  The petition is a request (demand?) which forces the board to have a meeting where the BOARD votes to fill the vacancy.

THE BOARD'S explanation does not make sense to me because:

a) First of all, Section 13 does NOT say the petition is requesting a meeting of the BOARD to fill a vacancy or requesting the board TO fill the vacancy, it says it is requesting a meeting of the UNIT OWNERS to fill the vacancy.

b) Also, my board says that the special meeting is to be called only in a situation where the board has chosen not to fill the vacancy and the unit owners want it filled. They say the purpose of the petition is to force the board to fill it. But that doesn't make sense to me because in the first part of item (13) it specifically indicates that the Board HAS filled the vacancy and specifies that that the maximum length of time that that person appointed by the board will serve is up to 30 days following the filing of that petition requesting the meeting of unit owners. What this amounts to, then, is that the board can appoint someone to fill in until the unit owners have enough time to request and hold a special meeting to fill the vacancy.

If the board's interpretation is correct, that means that one option for the board is to "fill the vacancy by a 2/3 vote...for a period until" they have to have a meeting (requested by the owners) to again have a vote to fill the vacancy (which they had already filled).   Does this make sense?!

Another thing I notice is that item (13) at the beginning says that if the board fills the vacancy by a 2/3 vote, that person serves until THE NEXT ANNUAL MEETING. Whereas toward the end of that paragraph, it says that the meeting of the UNIT OWNERS is to fill the vacancy FOR THE BALANCE OF THE TERM. Is this just a technicality or is this difference in wording intentional? It would make sense if it was intentional. For someone to serve up to the next annual meeting would be less than a year. To serve for the balance (of a 2-year term) could potentially be more than a year. Is the law giving the power to the unit owners to have more say for a position that will last for a longer period?

ANY HELP WITH UNDERSTANDING WHAT THIS ACT IS REALLY SAYING WOULD BE GREATLY APPRECIATED! Specific references to chapter and verse of related laws would also be helpful.

- Sue

According to Ms. Chris Evans , President of Vanguard Community Management, an Associa member company based in Schaumburg, Illinois,  the answer to your question may need the assistance of a competent attorney knowledgeable in Illinois community association law. While Ms. Evans believes that your interpretation is correct, your board should rely on a legal expert's written opinion to resolve the dispute and potential acrimony that may result from the attorney's advice.

Sincerely,

Margey

Illinois Condo Property Act
-
Reserve Funds

I live in a 38 unit condo building in Illinois. At the last condo meeting (which is really just a board meeting because we are the only ones who show up, yes I am on the board) a board member stated that it is required that we keep a special escrow account for emergency purposes. She did not know the amount or the percentage, but stated it was the law. I am wondering if this is true? We have a 11,000 dollar cd that we are about to cash out do to a financial crisis, isn't this already a reserve/escrow account of sorts?

- D.

According to Ms. Chris Evans, President of Vanguard Community Management, an Associa member company based in Schaumburg, Illinois, the Illinois Condominium Property Act (605/9 (c) (2) "Sharing of Expenses") states that  "reasonable reserves" must be included in all budgets adopted after July 1, 1990.  The term "reasonable" is to be ascertained by various criteria such as those determined by a reserve study; current and anticipated returns on investments, the market values of the units; and the impact on owner's assessments.  Paragraph (3) of the Act states that if the association's declaration does not require reserves, then by a 2/3 vote of the membership, the reserve requirement of the statute can be waived. 

What is considered an "adequate" reserve fund? Guesswork is not appropriate when calculating an answer to that question; the only sure way to determine the amount that should be set aside monthly is by hiring a qualified engineer, contractor or Reserve Specialist (a designation conferred by the Community Associations Institute). Such a study identifies all common element components which the association must maintain in accordance with the governing documents and state statutes, and then calculates the replacement cost and remaining life in order to determine how much should be transferred from the operating account into the reserve account on a monthly basis to ensure that the funds are available when the component has reached the end of its useful life and requires replacement.

While the association appears to have a small reserve of $11,000 currently in a CD, caution should be taken when determining for what purpose it is being spent.  If it is designated a reserve fund, it is inappropriate to use the money for anything other than replacement of existing common area components, although many associations with inadequate reserve funds find it necessary to "borrow" from their reserve account. Similar to a bank loan, however, is the mandate that internally-borrowed funds be reimbursed to the reserve account to avoid serious IRS consequences.

The effect of little or no reserves is the dreaded "special assessment" that has to be paid when the work is need, by the owners at that time.  This can result in some owners having enjoyed the use of the common elements during their stay in the community, only to sell and leave the new owners with the burden of replacing the deteriorated equipment or building components.  Reserves are a means to establish an equitable manner with which to share that burden.

For more information on reserves, click on "Search" and enter "reserves" in the keyword search field.

Sincerely,

Margey

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This may be a bit out of your normal area of questions but I thought I would try anyway.   I am looking for some information regarding other associations experience with regards to best protection and reliability when using sump pump systems, battery backup, or water powered. Thanks.

- Ernie

There are several resources for information regarding the items you mentioned:

1. Enter the names of the items in your favorite search engine's keyword field;
   
   
2. Ask reliable contractors for their experience with the items;
   
   
3. Contact the manufacturer of the items for references;
   
   
4. Ask a mechanical engineer for his or her opinion regarding the efficacy of the items and for any recommendations;
   
   
5. Find the nearest chapter of the Community Associations Institute (go to www.caionline.org and click on "Chapters"). As a CAI member, you have access to chat rooms where you can ask members nationwide for their experience with and recommendations on the items you listed.
   
   
6. Obtain names of board members in nearby communities by checking for flyers and notices posted at mailbox banks or amenities.

Sincerely,

Margey

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We would like to put a screen room on our home.  Many other residents also would like one. We showed what we wanted they will all be the same.  The board told us what they wanted.  They seem to be making this impossible what they want would cost about $40,000. vs $4,500.  Is this legal for them to tell us what they want. We live on a marina which makes it impossible to enjoy the few months we have to enjoy the outdoors, because the bugs are unbearable. I thank you in advance for any advice you can give us.

- Brenda

If the majority of the owners disagree with the board's decision regarding the type of screened room that may be installed, I suggest that they sign a petition or appear en masse at a board meeting appealing the conclusion. It's important that both parties listen to the other's rationale; the board may have legitimate, legal reasons for requiring a certain enclosure, while the homeowners may have alternatives that satisfy those legal requirements. If calm, deliberate discussions prove futile, consider electing new board members at your next annual meeting who are more sympathetic to your request.

Sincerely,

Margey

I live at the ****** located in Illinois.  I also happen to be the VP of the board.  The situation at hand is the rule violation that I witnessed and reported to our managing agent.  Now our managing agent and the board president flatly refuse to fine the homeowner because they feel the issue at hand is a police matter only. 

Here's the issue:

A homeowner had a visitor who parked in our guest parking lot.  When they left, they raced up our street at a high rate of speed and almost hit a person.  It would have been useless to call the police because the car was gone.  I sent a letter to our managing agent (Alma Property Management) asking that this homeowner be fined as they have already been warned of this type of behavior in June 2005.  The violated rule is stated in our rules & regs as as follows:

"it is considered against the rules for any person to make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of ****** regardless of the time of day or night"

"Vehicles should be kept in good repair so as not to cause any excessive noise levels, Posted speed limits must be obeyed at all times"

I've read all our governing documents and they all state that the association board has the right to enforce the rules and the use of fines is allowed.

The board president & managing agent are adament that it is not the association's responsibility in this matter and I disagree.  We clearly have a rule against it and we should enforce it.  One other board member agrees with me but we are at a loss as to what we can do.  The police encourage us to call them and they will enforce law violations if they see them.  But they also told us that we should fine/warn the offending homeowner if we have the right to in order to best manage situations like this.

What can we do to get them to understand that we have a right to enforce our rules & regulations? 

Many thanks for any input/suggestions you may have.

- Dawn

According to Ms. Christine Evans, CMCA, PCAM, President of Vanguard Community Management, an Associa member company based in Schaumburg, Illinois, your board of directors is obligated to enforce the homeowner association's governing documents. If the directors disagree with a provision in those documents, their only option is to ask the membership to remove or revise it through the amendment process; the board does not have the authority to determine which rules to enforce and which to ignore.

While speeding is a police matter, it's also an association issue because the governing documents contain verbiage requiring compliance with posted speed limits. Copy this response for your board members and encourage them to understand their fiduciary responsibility to enforce all rules uniformly and consistently, leaving their personal opinions at home while bringing to the board room their commitment to uniformly and consistently upholding the association's governing documents.

Sincerely,

Margey

I live in building ****, I want to discuss the reserved parking. In past few weeks when time I come home someone has parked in my reserved space. Please send out a notice to the home owners as a reminder to have them tell their guests not to park on reserved space. Tthanks.

- Mary

Please contact your association's board of directors or management company to report the parking problem. Ask the Expert is a national forum for general questions regarding the operations of community associations.

Sincerely,

Margey

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