Question: Our homeowner association is undergoing a major exterior renovation. The Board has decided to limit the Association's maintenance responsibility to one half of the labor costs for any structural damage discovered. Affected unit owners are expected to cover the remaining half of labor costs and all the material costs. The governing documents state that the exterior maintenance is the Association's responsibility. Is this appropriate?

Answer:: This plan was, no doubt, hatched by the Board because of a lack of reserve funds to address all the repair work. But there are several big problems in it. If the governing documents say that the association is responsible for exterior maintenance, that what it means. That also includes structural damage caused by exterior related problems. This plan penalizes individual owners for repairs that should be paid by all owners. Lack of money does not justify shuffling off association responsibilities to individual owners.

If there aren't enough funds in reserve, a special assessment needs to be floated to raise the remaining money. To prevent shortfalls in the future, the Board should have a reserve study done to analyze the long term repairs and costs like roofing, painting and paving. It's imperative that the Board prepare for predictable and expensive events.

Question:: Our property line fence is in need of repair and our governing documents say that the responsibility belongs to the homeowner. Our neighbor demands that we not rebuild on the property line and wants a different style of fence. And the City requires a fence design that is contrary to our Architectural Design Guidelines. Help!

Answer:: It seems this neighbor is the tail wagging the dog. He doesn't propose to pay the cost but wants to call the shots. The Architectural Review Committee (or Board of Directors) should determine the look and location of the fence. I suggest you make a written request to the Committee (or Board) for both the fence style and property line location subject to being built according to city building code standards. The neighbor has no right to demand the fence be moved unless it is actually encroaching on his lot. Otherwise, fences rightly belong on the property line.

Question:: Our Board seems to make up rules as they go such as: "No bike riding is permitted on the street" and "A limit of 2 pets per family"(including fish!) These rules were not in place when I bought my home and were never discussed with the homeowners before they were passed. Do I have any rights?

Answer:: Yes, you most certainly have rights as an HOA homeowner. While the Board has the authority to make reasonable rules, rules work best when the governed understand and are generally in agreement with them. If a rule is not reasonable, you have the right to question it. If the Board refuses to rescind unreasonable policies, usually a small number of homeowners can request a special meeting to discuss such things. (Check your governing documents for the number or percentage required.)

When it comes to rule enforcement, it's very important that the Board not forget they are neighbors as well as directors. Rule making should be done thoughtfully and respectfully. The Board should explain and justify why a rule is needed. For example, bikes are usually not banned from city streets. Why should they be banned from the association streets? Is there some extraordinary situation that warrants it? If not, leave well enough alone.

For more information on this subject, see www.Regenesis.net.

Published: June 13, 2001

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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 .