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Ask The HOA Expert - June 2, 2004
by Richard Thompson
Question: Are there any guidelines regarding how Board members should conduct themselves? For example, any indicating directors should use common sense and should not act with malice against other homeowners? Answer: The governing documents and state law have some things to say about Board actions. Common sense, ethics and congenial personality, however, cannot be legislated. Either a director has them or doesn't. If a director is acting inappropriately, the members need to point it out and demand change or vote in more reasonable and responsible directors. There are a number of articles in the Regenesis.net Article Archive under Management concerning the Board and its responsibilities. Question: I need your opinion about an HOA Board that uses email to review issues related to board meeting follow-ups. These emails carry the message "Not for Member Eyes." Answer: Email is invaluable for communicating routine matters. However, if the Board is making decisions, deciding policy and other matters that ordinarily would be handled at Board Meetings, email is inappropriate. The members are entitled to monitor most HOA business in a formal meeting setting except highly sensitive issues like collection matters, litigation, personnel matters and contract negotiations. Some states, like Oregon, allow for closed Executive Sessions for matters such as these. Aside from this, the Board should conduct business at meetings that are accessible by the members. Question: Our HOA has a common-area room with a treadmill and a stationary bike gifted by a resident. Recently, a member moved his weight bench and weights into the room. I have strongly urged the Board to remove the equipment for liability reasons. Am I overreacting? Answer: This kind of situation is fairly common. For risk management purposes, a sign should be placed in the room stating that the equipment was provided by residents, not owned or maintained by the HOA and that the HOA accepts no responsibility for the use or misuse of it. This should clarify the issue and provide basis for a defense if need be. The exercise room could be an "attractive nuisance" if it attracts people, particularly minors, who misuse or vandalize the equipment. If your group is mature and responsible, it will probably work. If it creates problems, shut it down. Question: Can a resident with a Disabled Parking placard park anywhere and anytime they wish? Each resident has two dedicated parking places. Answer: HOAs are not required to have designated Disabled Parking although they must make "reasonable accommodations." That means if the HOA has assigned parking, it should provide parking to those legitimately disabled close to their unit. The HOA is not required to create special parking if it doesn't exist. Those with disabilities are subject to the same parking rules as other residents. If you have a Fire Lane - No Parking with signs posted that violators will be towed, it applies to one and all. Question: We have a three-story complex with several residents who smoke either in their unit or on their deck. A new owner moved in who smokes a lot in her unit. A neighbor says the smell is coming through the wall and threatens to post a notice about it in the common areas. What should we do? Answer: The HOA has no responsibility to mediate unit owner issues that relate to a legal activity like smoking (cigarettes, that is). While I sympathize with the predicament, the neighbors need to handle it between themselves. Any notice posted in the common area by a resident with intent to ridicule or antagonize another should be removed immediately. | 
