Question: One of our members has filed an odor complaint concerning an adjoining neighbor who keeps several pets and apparently doesn't clean up. Thoughts?
Answer: Obnoxious odors qualify under the "nuisance" definition (something that disturbs the neighbor's quiet enjoyment of his or her property). The board should issue a letter to the offending neighbor explaining the problem, the health and pest concerns. But don't be surprised if it has no effect. People that live in these kind of unsanitary conditions often have psychological issues. The next step is to contact friends or family that have personal influence over this person. Finally, if absolutely necessary, file a lawsuit to get a court order.
Question: Can committee members be removed from committees? We have a number that volunteer and then never show up.
Answer: Unlike directors who are elected by the members and can only be removed by the members, the Board President has authority to un-appoint committee members for good cause (like not attending scheduled meetings, etc.). Of course, the committee has to have clear marching orders and deadlines to which members can be held accountable.
Question: How should we deal with a board member who is a trouble maker? This guy is backbiting and stirring up issues outside the board meetings that is making the board's job much harder.
Answer: If a board member is being disruptive and divisive, first have a heart to heart discussion with them about being a team player. Explain that this kind of behavior alienates the other board members. On the one hand, the board cannot establish rules that penalize disruptive directors for contrary behavior because directors have the right to be contrary. However, if the disrupting behavior is happening at a meeting, the President can demand civil behavior or adjourn the meeting.
Question: We have a member who alleges that other members are making racial slurs against her. The complainer demands that the board take action.
Answer: The board is under no obligation to settle personal conflicts or differences between residents. But verbal assaults can escalate into physical assaults and the board should encourage the complainer to call law enforcement if she feels threatened.
Question: Some of our members have planted things in the common area next to their units. The board has requested that the plantings be removed but is getting resistance.
Answer: Common area belongs to all HOA members and no individual member (or group of members) has the right to commandeer it. Resistance or not, the board is elected to protect the rights of all members and is correct in requiring removal of personal plantings. If the offender doesn't do it willingly and quickly (three days is plenty of time), the board should order it done and bill the cost to the offender.
