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Ask the HOA Expert

Written by on Wednesday, 26 December 2012 6:00 pm

Question: I am a board member. If I have questions on interpreting our governing documents, should I have the right to talk to the HOA’s attorney? Our president said "no".

Answer: It's not good policy to allow individual board members to spin the attorney's meter. While your question(s) may be legitimate, your legal budget is likely very small. Discuss your question(s) with the whole board and if a majority agree to get the attorney’s opinion, so be it. You also have the option to consult your own attorney for information and pay for it.

Question: Our annual election is coming up. Letters were sent out to the members by the management company asking for board candidates. Candidates are permitted no more than 100 words to state their platform. I talked to the management company and was told this is common practice.

Answer: This restriction is neither normal nor sensible. If a candidate wants to write a full page, let him write it. Most will write little or nothing.

Question: An amendment was circulated to change a section of the governing documents. The president feels this can remain out with the membership until enough approval votes are received. We need 75% for approval. I think that 60 days is a sufficient amount of time.

Answer: Usually, bylaw amendments are discussed and voted upon at either the annual meeting or a special meeting called for that purpose. Mailing bylaw amendments to owners should only be done if many of them live far away. And if that is the case, 30 days is plenty to return the ballots. More time will not get greater compliance. When a deadline is set and the needed ballots aren't received, the board should keep making phone calls until the absents return the ballot.

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  About the author, Richard Thompson

Individual news stories are based upon the opinions of the writer and does not reflect the opinion of Realty Times.
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