Estate and mortgageAsk the HOA Expert
Answer: Since the vast majority of members are disconnected from day to day HOA operations and have little first hand knowledge of the manager"s contract obligations, few have an informed basis for evaluating the manager"s effectiveness. A suggestion form might be more appropriate. List the various categories of tasks the HOA is responsible to perform like General Maintenance, Landscaping, Pool, Janitorial, Communications, Newsletters, Rules Enforcement, Financial Reporting etc. and ask for specific recommendations for improvement. Don"t be surprised if the recommendations are tied directly to a member"s critique of service quality.
Question: Can HOA governing documents be amended to allow compensation to directors for their services as board members? It stands to reason that they could be held more accountable if they received compensation for performance.
Answer: Most governing document stipulate that board members serve without compensation. There is a very good reason for this. Boards are comprised of elected members who rarely have the expertise or training to manage an HOA. They are elected to hire qualified people to do this work (management companies, landscape contractors, maintenance contractors, etc.). When this is done effectively, the board job is relatively simple. When it is done poorly, the board can devote endless time at it and supposedly justify the need for compensation. Paying for poor performance is hardly in the HOA"s best interest.
Also, the board has an unavoidable conflict of interest. Since contracts and other expenditures are approved by the board, so would board compensation. The board is elected to safeguard the interests of all members. It"s best done when the directors serve as unpaid and unconflicted volunteers.
Question: Our board is in the process of drafting an Architectural Design Policy. We are thinking about recording the policy with the county.
Answer: Architectural design standards can be complex and subject to change as taste and technology change. It is appropriate for the governing documents to state that an Architectural Design Policy exists, that construction and renovation must conform to it. The specific policy should not be recorded but be easily available upon request or posted on the HOA"s website. As with any policy, the board should have it reviewed for comment by the members and by a knowledgeable attorney prior to implementation. A sample Architectural Design Policy is available at www.Regenesis.net in the Policy Samples section.
For more Ask the HOA Expert, see Regenesis.net.