Question: I serve on a board of directors with a President that does not like to share information with the rest of us. It seems to be a power thing and most of us are tired of it. What do you suggest we do?

Answer: The President is authorized to make decisions between board meetings that are in keeping with the governing documents, established Board policy and approved budget. If the issue falls outside these guidelines, they need to be presented to the whole board for review and decision. If the President continues to act independently, the board majority has the right to remove her and appoint someone else.

Question: Who is responsible for maintaining chimney caps and chimneys in a common wall community like a condominium? Some board members say that because only some units have fireplaces, those owners are responsible, not the entire association. Please advise.

Answer: If your association has exterior maintenance and repair responsibility, that includes chimney caps and chimney repairs even if only some members have them. The HOA concept is based on sharing costs to save money. Trying to allocate every cost based on benefit just doesn’t work. The benefit differential is usually considered in the assessment level that each owner pays. If it isn’t, it’s not going to change because it takes 100% of all owners to agree to change it. Better to focus on the big picture. All will profit in the end.

Question: Is it possible to deny voting rights or other privileges to delinquent owners?

Answer: If state statutes or your governing documents allow it (or disallow it), the HOA can withhold voting rights and access to amenities like pool, clubhouse and tennis courts besides the normal financial penalties of late fees, finance charges, etc. But the process needs to be clearly described in a collection policy that is uniformly applied to all delinquencies.

Question: When the limited common elements attached to each unit like patios and decks vary significantly in size and replacement cost, how are they handled in reserves? Does each individual owner pay into reserves based on his own limited common area?

Answer: Unless the governing documents assign costs for limited common areas to individual owners, reserves for them are funded the same way as any other common area component.

Question: We have two pools, a “Family” Pool and a “Kiddie” Pool. Our Board is considering changing the the Family Pool to the “Adults Only” Pool. Opinion?

Answer: If the pools are identical, than the Board may have the authority to rearrange the user base. But they need to be careful about discriminating against children. Frankly, this proposal doesn't address the real issue: Rowdy kids should be disciplined and restricted from the pool if necessary. The Board also has the right to enforce rules requiring parents to accompany minor children. That will probably address what’s driving this campaign.

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

Published: October 30, 2002

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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 .