Question: Our governing documents say no satellite dishes in spite of the FCC regulations that state the HOA cannot prohibit them. What about solar panels?

Answer: Your satellite dish restrictions violate federal law and the governing documents should be amended to comply. An amendment like "Satellite dish installations are subject to guidelines outlined by the Federal Communications Commission which allow the HOA to control the size and location of these devices," would probably work.

Philosophically, the HOA should encourage conservation. States like Nevada and Alaska do not allow restrictions of solar panels and other power generators. The HOA may be required to allow them and in highly visible places, although not necessarily on the HOA maintained roof. The HOA can require that all such installations be professional and as unobtrusive as possible. Of course, the number of sunny days drives the cost effectiveness of solar panels. If you are in a sunny location, check into the state requirements and be prepared for those that want to use solar panels. As utility costs rise and solar equipment cost falls, it's likely to become more popular in the future.

Question: What happens to a homeowners' association if there is nobody willing to serve on the board? It seems to be getting more difficult to get volunteers.

Answer: This situation happens frequently with HOAs that have little common area. There simply isn't much going on. In common wall communities like condominiums, going without a Board would be disastrous. There are bills to pay, assessments to collect and services, rules and standards to oversee.

The volunteer problem usually happens to self managed HOAs when the scope of work is a full time job. Besides, no one should have to collect money or enforce rules on their neighbors. Getting professional management is the answer. A professional HOA manager can take on these tasks and is available 24/7 to respond to emergencies. With a well defined scope of work for the manager, the Board should only have to meet periodically to review the manager's work. This makes being on the Board much more manageable and enjoyable.

Question: One of our homeowners hired a contractor who started work each morning at 7:00 am. Is the Board empowered to establish and enforce work hours on owner property?

Answer: Yes, the Board can and should enact a policy on hours contractors are permitted to do work when the work interferes with the residents' quiet enjoyment. 9 am to 5 pm is the usual time frame granted. Sunday is often a No Work Day. Of course, the Board also has the right to know and approve repairs that impact the home exterior or landscaping if there are architectural restrictions in place. Building structural issues come into play if the property is a common wall community. Once the policy is enacted, it's up to the owners to control their contractor by advising them before they bid the work.

Question: Our newly elected Board wants to fire the manager and self-manage. Do they have the right to do this or does it take a vote of the membership? Our condominium has 64 units.

Answer: It would be unwise (and maybe contrary to the governing documents ... check them out) for an association of this size to self manage. I advise professional management for even the smallest associations because the responsibility is 24/7/365. And most volunteers like to take vacations, don't like to get nasty phone calls and are reluctant to enforce rules and collections on their neighbors.

While the issues with your current manager may be valid, that doesn't mean there aren't other competent managers. Has the Board detailed the shortcomings and given the current manager a reasonable opportunity to come in line? This is only fair. Often Boards expect things that aren't even included in the contract and then get angry when they're not done. If they have been specific with the current manager and not gotten results, they should begin the search process interviewing only managers that specialize in homeowner associations. References, as always, rule.

Published: October 15, 2003

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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 .