Question: Our HOA playground equipment is the standard wood type sold for residential homes. My research concerning OSHA regulations and playground equipment indicates a potential legal problem should a child become hurt due to the equipment height and structure not meeting the OSHA standards.

Answer: Many wood play structures contain chromated copper arsenate (CCA). CCA is the most prevalent wood preservative in the United States and has been used to pressure-treat wood play equipment, picnic tables and benches for years. Medical studies have demonstrated that arsenic, a CCA component, is carcinogenic.

To improve safety, reduce maintenance and improve curb appeal, upgrade to a powder coated steel play structure which complies with OSHA regulations. It's pretty easy to spend $10,000 or more for a commercial grade play structure but it's worth it.

Question: Does the membership vote in specific people for specific offices (President, Secretary, etc.)?

Answer: The normal procedure is that directors are elected at annual elections by the membership. Following the annual meeting, the directors decide among themselves who will hold which office. While some candidates may run assuming that they will serve in a particular office, it's up to the board majority to agree to it.

Question: Can a member bring a non-member to an annual meeting? Would the non-member have the right to speak? What if the non-member is an attorney?

Answer: Unless the governing documents prohibit it, guests are permitted at the annual meeting. Guests should only speak when requested to by the board. If an attorney is representing a member, he should be allowed to speak on behalf of his client.

Question: Our management company has difficulty getting information about new owners. New owners take possession and don't pay HOA fees. Some claim they didn't even know there was an HOA or that they never received copies of the governing documents and other important HOA information.

Answer: These are common complaints of HOA sales. While it's extremely important that all buyers read and understand the nature of HOA obligations, it's not the board's responsibility to inform them, it is the seller's. If the seller does not provide the information to the buyer, then the buyer may have a legitimate complaint against the seller but is not relieved from paying HOA fees or obeying HOA rules and regulations. Once the sale is closed, the buyer is subject to the HOA's authority whether adequately informed before closing or not (as long as the board or manager did not withhold requested information).

The board should notify members regularly that they are obligated to inform prospective buyers of the HOA's obligations and should provide that information long before closing. The board has an obligation to keep accurate and up to date records which are available upon request by owners. One way for the HOA to help reduce the number of uninformed closings is to have an HOA website that has of the information that a buyer should know before closing a sale. Websites are open 24/7 and much less expensive than maintaining paper files. Posting a sign at the HOA entry with the web address will inform buyers, real estate agents and sellers so there is little excuse. The website should also have key contact information if the buyer needs additional information.

For more Ask the HOA Expert, see Regenesis.net.

Published: February 7, 2007

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .