Question: We have some residents with aggressive dogs. We are considering banning certain breeds. What do you advise?

Answer: The issue of pet aggressiveness isn't necessarily tied to breed. The pet owners know whether theirs is or not but will never admit to it so the Pet Policy should be clear that pets that are aggressive and threatening are not allowed in the common area. That way, if complaints are received about this kind of behavior, there is a clear reference about it in the Pet Policy. Attacking, biting, of course, should be adequate cause for immediate removal from the community. One strike and they're out.

Question: Our board is considering a proposal from a homeowner which includes a heat pump in the common area. The specs looked reasonable, but will allowing this kind of installation create unintended consequences?

Answer: There are several things to consider. If heat pumps are allowed for one, they should be allowed for all. The Board should look at this request as if all owners want one. Should this equipment be the standard for future requests or would another design be more universally acceptable in all locations? Would the curb appeal suffer if there were many such installations? Heat pumps can be noisy and hot, especially for neighbors who have their windows open for fresh air. Heat can also damage the landscaping.

If there is a way to allow all members to take advantage of this kind of installation without creating negative curb appeal, noise or heat problems, it's probably okay. But if only a select few can meet the test, you will be setting up a platform for conflict. You're in a better position to answer the hypothetical questions. Keep the big picture in mind.

Question: Our by-laws state that only residents of our community can be on the board. Our current president does not live in the community but owns a rental unit. What should we do?

Answer: If residency is a requirement of holding office, this person could not be legally elected. How did he get on the Board to begin with? I suspect he was appointed to a vacancy with little thought by the Board about the residency requirement. Now that someone (you) realized the inconsistency, you have the right to demand his removal.

Published: January 14, 2004

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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 .