Question: While I understand that the board should deal only with a unit owner when a tenant breaks the HOA rules, wouldn't it make sense to provide the tenant a copy of the correspondence with the unit owner?

Answer: The homeowner association only has direct authority to enforce rules, fines and penalties on unit owners so that is where notices of tenant rule violations should be directed. However, it makes good sense to copy both the tenant and the rental manager (if someone other than the unit owner) on the correspondence. That way, all are informed of the issue simultaneously and quicker resolution is more likely.

Question: Our board gives permission to unit owners from time to time to extend their decks into the common area or to fence in a section behind their unit. Is this kosher?

Answer: No, the board should not be doing this since it gives a particular owner exclusive use of common area which belongs to all members. Only the members have this kind of authority and it can only be accomplished by amending the governing documents. Approving this kind of amendment may require a significant percentage of the members to pass and should never be done without consulting with an attorney that is knowledgeable about both your applicable state laws and your governing documents.

Question: Our annual meeting is coming up soon. Is it appropriate for the management company to count the ballots in a board election?

Answer: The management company should steer clear of counting votes since there is a conflict of interest. Instead, the board should appoint an Election Committee of two or more members to tally the votes. The votes and the tally sheet should be kept on file until the next election.

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