Question: I serve on a Board that is currently subject to a recall movement. One of the recall proponents has requested a member list for the purpose of furthering the objective. The Board and Property Manager are in a quandary as to how to respond to this request.

Answer: If the member list is typically not made public due to privacy concerns, you should not release it now. The same would be true of collection records and other highly sensitive documents. Simply explain the policy and advise that the county tax assessor and title companies keep public records of all county property owners should they choose to investigate further. If, however, the member list has been made public previously, you should do so now, unless some of the members have requested that their information not be disclosed.

When campaigns like this get started, it's not unusual for members to demand copies of documents and explanations of various board activities. You are under no obligation to spend time researching records or justifying actions taken one on one. Except for highly sensitive information, members are entitled to review HOA records. State that they are welcome to review non-sensitive records during normal business hours. If copies are desired, they will be expected to pay the normal copy charge.

As far as being grilled by an irate member, you can inform them they have the right to call a special meeting if members (check the governing documents for the number required) ask that a meeting be held. That request should be in writing clearly describing the subject matter of the meeting and signed by those members who would like it to happen.

Stay as neutral as possible and don't get caught in the trap of withholding information that should be made available or roadblocking a member’s right to criticize. You’re much better off facilitating an organized platform for airing grievances, than permitting trash talk behind your back.

Question: Our Architectural Review Committee (ARC) approved a special product for sealing our concrete driveways. The product cracks and chips off so I have applied a colored concrete sealer which the ARC tells me is not approved. What are my rights?

Answer: HOA authority comes from the governing documents and subsequent policy that the Board adopts in compliance with them. The ARC is accountable to the Board and has limited authority. You have the right to request that the Board review and modify the policy and standards, especially if there is a compelling reason to do so.

Question: What can be done about residents curbing their dogs on the lawn?

Answer: This is a problem as ancient as the Human-Dog partnership. Besides sending personal written warnings about "policing" to the offending pet owners, it helps to circulate general notices several times a year about the subject so that everyone is aware of the problem. These notices help deter some that feel they are being watched by neighbors. If it doesn't, the next step is to hire someone to clean up the mess and rebill the offending pet owner (or the landlord if the pet owner is a renter). For this, eye witness verification is required.

Keep in mind that pets wander from other neighborhoods and could be at least part of the problem. It may just be something that you put up with. As Peter Sellers said, "It's not my dog".

Question: Our HOA has public streets and the driveways, walkways and paths are private. A notice was posted on the mailbox yesterday saying the Board voted unanimously to ban skateboards from the complex. Can the board enforce this and still allow other forms of wheeled recreation? And can they ban them from the public streets going through the complex? What kind of process must they go through to enforce this law, or is it as simple as one meeting and a vote?

Answer: The Board's authority to make rules is found in the HOA's governing documents. When a rule is enacted, it should be absolutely necessary to address an ongoing problem, recite the problem it proposes to solve, include a penalty for violation and an appeal procedure. The Board can ban certain kinds of wheeled recreation if there is a compelling reason to do so. Acrobatic skateboarders often damage property and create noise disturbances. They often travel in packs so the rule may be related to deterring gang activity. But, whatever the Board’s motivation, it’s always best to circulate the proposed rule among the members for comment. Failure to do so invariably fuels criticism and resentment.

Published: November 26, 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 .