This is the second post in a three-post series. Read the first post Real Questions from Members with Answers from an HOA Manager.
We get quite a few questions from many different Association members and members of the HOA board of directors. Each Association is unique, but more often than not your Association has at some point in the past – or will in the future – experience questions similar to the real-life issues addressed below. Continue reading to see if any of these real-life questions and expert answers from an HOA manager apply to your Association.
Suppose I tell you that I live in this community and I enjoy the company of solicitors at my door. Why do you think you should decide for me by posting a sign at the entrance of the community? What if I, as a solicitor, tell you that I've spoken to several homeowners in the community and they've all been real friendly, some of whom have bought things from me? Why should it be an HOA's concern?
When you move into a homeowners association, you accept the rules for the good of the community. The CC&Rs tell people how to live in the HOA. The rules and laws are in place for the betterment of the community as a whole.
If you think solicitors should be allowed in your HOA, then you need to take the appropriate steps to approach the Board about the issue. In turn, it will need to follow the process of changing the rules if it chooses to. This includes sending out a notice within 15 days of the meeting, inviting members for their input, and then making a decision at a board meeting.
Membership will then be notified of the decision and the actions that will take place. The HOA board has the authority to make these types of decisions, as long as the decisions are disclosed.
Elections. Our board failed to appoint a replacement for an open position from a resigning board member in the required 15 days. They waited over two months until the next election so the new board could appoint. What should be done at this point in time?
If the CC&Rs of your specific homeowners association require that an open position be appointed within 15 days, but the next election is in two months, it seems like a reasonable business decision to wait until the new board takes over so that it can appoint the position – as long as everything was done in public and recorded in the meeting minutes.
What if you weren't given the documents at closing? What if the seller disclosed that there were none even though they exist?
This is disappointing and unfortunate to hear because you should have been given documents at closing. In fact, the law requires that you have signed and received CC&Rs recorded against the property. While it is the seller’s responsibility to disclose these, the realtor or escrow agent should have known as well. It seems like a lot of people just weren’t doing their job.
If you haven’t already, you should request a copy of the documents so you know what they say. They’ll tell you what you’re responsible for and what the Association is responsible for. It’s now your responsibility to be informed.
An HOA manager can help answer questions like these or any others that may arise in your homeowners association.
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