> Homeowner Association News
Ask The HOA Expert - April 28, 2004
by Richard Thompson
Question: Our condominium has very limited parking. Each unit has a one-car garage and one additional assigned parking space in the common area. We also have guest parking. Do residents have the right to use these spots? Answer: Guest parking is just that. No resident may commandeer it nor can the Board assign it unless the bylaws are changed to convert it to resident parking. This may require a 100 percent vote of the members since it restricts use on the common area and grants a right to some not enjoyed by all. Question: One of our directors recently resigned. There has been a member that has expressed an interest in serving and has attended several board meetings. Should we go ahead and appoint or circulate a notice requesting candidates? Answer: The Board is under no obligation to go on a search if you have a ready, willing and able candidate. That said, if sending a notice is easily done and there is no particular urgency, why not do it? You may discover several volunteers that would be willing to serve on the Grounds Committee or some such. Question: Our HOA is still under developer control. He hired a management company to handle HOA business including collections, maintenance and rules enforcement. The manager seems to have a short fuse and often fails to respond to member information requests. Is there anything we can do about it? Answer: If the manager wants to survive the turnover, it would be advisable to be as cooperative as possible. It sounds like this one doesn't plan to be around long. It's certainly your right to express dissatisfaction about the manager with the developer. Be specific about the problems and put them in writing. While you could legally pressure the developer to act, the issues should be significant to justify the expense. It's usually easier to wait until turnover when power is vested in a Board of homeowners so pressure can be brought to bear. Of course, smart developers resolve problems long before turnover. Hopefully, yours is one of the smart ones. Question: We have several members that routinely attend Board Meetings. They interrupt the meeting and sometimes are verbally abusive. How should they be handled? Answer: Members should be welcome at Board Meetings but should never be allowed to disrupt them. If there has been a history of unruliness, the President should stipulate prior to the meeting that "Guests are welcome but must listen quietly when the Board Meeting starts. Anyone that disrupts the meeting will be asked to leave." Then, hecklers are forewarned of consequences. Question: I've been thinking of starting a homeowner association management company. Any advice? Answer: HOAs are the most challenging form of property management there is. You need both education and experience before plunging in. Community Associations Institute offers a variety of management seminars and certifications. Some states have HOA manager trade organizations that also would be invaluable. For example, there is California Association of Community Managers (CACM) and Oregon Washington Community Association Managers (OWCAM) which provide education, credentialing and networking opportunities. There are similar organizations in Florida, New York and Canada. (For a complete list, see Regenesis.net Links section under "Manager Organizations") One of the best reference books on the subject is "Owner's and Manager's Guide to Condominium Management." It's an excellent general reference book, not cheap but worth every penny. To order it, see Regenesis.net Books section under "Management." | 
