Question: We have buildings which occasionally have sewage backups. Should the HOA pay for repairs and cleanup?

Answer: The HOA should maintain common water supply and drain lines and individual unit owners should maintain the plumbing that only serves their unit. You might consider preventive cleaning on all main lines every year to avoid backups.

Question: A number of our unit owners have consistently refused to pay HOA fees. Are there any alternatives you can think of to assist with collections?

Answer: Money is the life blood of every HOA. Getting all of it when it's due is the board's highest priority. Fortunately, HOAs are granted substantial collection powers. Your board should adopt an aggressive Collection Policy as soon as possible to get the delinquencies under control. That policy should include late fees, interest on past due balances and legal action for failure to pay. There is a sample policy available at Regenesis.net which can be adapted to conform to your governing documents.

Question: We have a resident that wants to install a 30 foot flagpole. We allow flagpoles, but can we regulate the size?

Answer: An HOA with proper architectural and design authority can regulate the size and location of flagpoles on member property although not ban them. They can be prohibited entirely from the common area. But the board might consider installing a community flagpole in the common area and appoint a Flag Committee to manage and maintain it. This will give those that have strong feelings about it a way to express themselves and may dissuade individual owners from erecting their own.

Question: What actions can be taken to prevent a tenant from circulating a petition against a Board decision to prohibit diapered persons from swimming in the HOA's pool and spa?

Answer: American citizens have the right to circulate petitions for any legal reason. Tenants, however, have no legal standing with a homeowner association so the board is not obligated to respond. But that aside, the board policy is valid since it addresses a health risk to residents. See cdc.gov/healthyswimming.

For more Ask the HOA Expert, see Regenesis.net Article Archive.

Published: August 8, 2007

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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 .