Rent Real EstateAsk the HOA Expert
Question: Our board received a certified letter from a homeowner demanding a copy of all board meeting minutes for the past five years to be sent to him within 10 days. This request represents a significant investment in time and effort. Are we obligated to comply with this request?
Answer: What you describe is a common tactic to gain control. The logic goes something like this: All owners have a right to most HOA information and records. So, an owner that is unhappy for some reason initiates a series of demands with the message like, "I want it now or else!"
Getting the requested information is secondary to keeping the board off balance. Intimidation tactics are highly effective when they get the board worrying about the "consequences." Usually, though, when the board complies, it triggers another demand letter. It"s a game of serve and volley and a game the board can"t win.
While it"s true that members are entitled to most information, the board is not obligated to provide it at no cost. Charge a reasonable cost for requested records in advance. When a price is put on the demands, they usually go away. Or better, post rules, policies, governing documents, budgets, financial statements, minutes and newsletters on an HOA website so all members can self-help.
Question: We have members who would like to volunteer to do minor repair work on such things as changing lightbulbs, cleaning the clubhouse, trail repair and pool monitoring. The board is concerned about the liability factor.
Answer: As long as the work is not precarious (ladder work, on the roof, etc.) there is nothing wrong with allowing volunteers to do certain tasks. In fact, the board should encourage volunteerism and find outlets for those that are so inclined. It is fulfilling for the volunteer and saves money for all members. Just make sure that they are fully committed on an ongoing basis.
Question: Our governing documents prohibit homeowners from having above ground pools in their yard. The board has decided that kiddie pools are included in this prohibition stating that the HOA could be sued if a child drowns. Is this correct?
Answer: The governing document prohibition on above ground pools likely has to do with curb appeal and not safety. As long as the wading pools are not visible from the street or an attractive nuisance to area children, the HOA should allow them. Since the pools are on private property, the HOA cannot insure against events that happen there.
For more Ask the HOA Expert, see Regenesis.net