Question: Our condos are older and have high flow toilets and shower heads. The association pays the water bill and it’s too expensive to install separate meters. Any thoughts?

Answer: It makes sense for the HOA to pay to have shower head and faucet water restricters and toilet tank dams installed. The cost per unit is about $25 material and labor and will usually pay for itself within a year. Some owners may resist having low flow devices installed but the vast majority understand that they pay for the waste. Maybe the ones that resist won't mind paying a "water surcharge" for the luxury of having unrestricted water.

Question: Can the Board prohibit the installation of window security bars in our community?

Answer: The main HOA concerns about security bars are curb appeal and market value. If homes in the neighborhood have bars on them, prospective buyers will perceive the area to be high in crime. Fear of crime will reduce the number of prospective buyers which, in turn, reduces market values.

If some owners are determined on installing them, require the installation be inside the windows and that they be painted white so they don't stand out.

Question: The state recently passed a property tax which unfairly impacts members of our HOA. What should the Board do?

Answer: Unless the association has specific authority under the governing documents or state statute to represent its members in actions that would otherwise be individual homeowner responsibility, the Board cannot require participation in a group tax protest. However, it makes a lot of sense for the Board to facilitate a group action with costs being reimbursed by those that participate.

This is an excellent example of how association members can benefit from substantial savings by banding together. Before the board moves forward with any such group action, it should consult with an attorney that specializes in homeowner association law.

Question: A Board Member puts her outdoor furniture in the common area insisting she was given permission by the developer. She has nothing in writing to back up her claim.

Answer: If it’s okay for one, it's okay for all. If not okay for all, none should do it. A developer has no right to violate the governing documents by granting a right to one that is not enjoyed by all. The board should either adopt a policy allowing all members to use the common area this way or advise the offender the practice should cease.

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

Published: January 8, 2003

Use of this article without permission is a violation of federal copyright laws.

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 .