Question: A board member sent an e-mail to the board stating, "I submit my resignation to the board." The management company advises that it is not an official resignation until the board accepts it. Is that the case?

Answer: Directors are elected by the members and do not need the board's approval to resign. If a director quits, all she needs to do is communicate that to the board and it's done. It's now up to the board to appoint a replacement unless the annual meeting is happening very soon, in which case, a replacement can be elected.

Question: What the role of an HOA Manager at a board or annual meeting?

Answer: The role of the manager at a board meeting is to keep the board apprised of HOA business by giving a manager's report. That report should include maintenance accomplished or recommended, contractor issues, rules violations and actions, collection report and actions taken and rule/policy recommendations. The manager should request authority or guidance on issues that fall outside of the Management Agreement. The manager should not take meeting minutes since it distracts from the manager's advisor role. Taking minutes is the Secretary's job.

The Annual Meeting is a whole different story. The manager should arrange and process the Meeting Notice and proxies, arrange the venue and check in procedure. The manager should respond to questions from the board and members.

Question: We have a unit owner who is distressed over an odor that happens late at night and prevents her from sleeping. A board member paid her a visit and believes the neighbor might be smoking marijuana. Should the board get involved?

Answer: It's not up to the board to track down and deal with every disturbance, particularly if it involves criminal activity. However, this activity may actually be legal if the resident has an approved "medical marijuana" permit available is some states. Regardless, if the neighbor is smoking marijuana, a direct communication with the neighbor is appropriate to discuss the matter. Like cigarette smoke, marijuana can adversely affect the health of others and there is no Constitutional protection to engage in it.

Question: Our HOA consists of townhomes built 25 years ago. The majority of the residents are seniors. Bylaws require the HOA to pay for all exterior maintenance and repairs. The members resist monthly fees greater than the immediate expenses because "I don't want to leave any money on the table when I sell." So, we currently have a low reserve fund and are now facing large roof and painting expenses. The board plans to special assess to pay for the work. Can a unit owner "opt out" of the special assessment by declaring he will replace his own roof and paint when he decides it is needed?

Answer: If the HOA is responsible for maintaining the roof and paint, no owner has the right to "opt out" nor does the board have the authority to give up the HOA's responsibility to do the work. The board should press on and do what the governing documents said it should.

However, your HOA desperately needs a reserve study so that the board can properly plan for repairs and collect money for reserves without special assessments. Special assessments are the result of poor or no planning and unfair to those that have to pay them.

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