Realty Times September 8, 2010

Ask the HOA Expert
by Richard Thompson

Question: The board is thinking about circulating a survey to evaluate the manager company’s effectiveness. Any suggestions?

Answer: Since the majority of owners are disconnected from the day to day HOA business and have little understanding of the manager’s scope of work, most would not have an informed basis for evaluating the manager’s effectiveness.

An input form might be more effective. List the various tasks the HOA is responsible to perform in general categories like General Maintenance, Landscaping, Pool, Janitorial, Communications, Newsletters, Rules Enforcement, Financial Reporting etc. and ask for specific recommendations for improvement. If the suggestions are directly related to things the manager should be taking care of, the board has something concrete to discuss about job performance.

Question: The Regenesis.net HOA Websites section includes "HOA Website Recommended Content & Layout". One of the criteria states "No password protection except for member information." Why would the HOA not want to password protect certain information like the Reserve Study or the financial statements?

Answer: Concealing (password protecting) information that an informed buyer needs to know is a major weakness of the HOA system. There are few business matters that an HOA should concealed from potential buyers. The budget and reserve study are definitely high on the list of things to disclose. Protecting individual owner privacy is another matter and should be respected.

Question: Can we publish the complete list of what each HOA employee makes or is this a breach of privacy?

Answer: Disclosing this kind of information could create animosity between employees or prompt interference from members who feel someone is paid too much or too little. It is something the board should keep confidential. It is appropriate, however, to disclose the total amount of wages/salaries paid in the annual budget.

Question: During a week of 100 degree weather recently, I asked permission from the board to install a window air conditioner. I was denied. I read the governing documents and rules and window A/C units are not mentioned.

My son has a rare disease and a compromised immunize system. His doctor has recommended carefully controlled temperatures (not too hot and not too cold). I can control the cold part but need A/C to control excessive heat. Shouldn’t I be able to get an exception due to health reasons? I don't want to have to pay his doctor to write a letter to the board.

Answer: The board should make a reasonable accommodation for this purpose. You should ask your doctor to provide a letter at no charge explaining the need for it so the board has the ammunition it needs to make an exception to the rule.

For more innovative homeowner association management strategies, see Regenesis.net



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