Question: A board member puts her outdoor furniture in the common area adjacent to her unit, insisting she was given permission by the developer. Is this permissible?

Answer: The board member's claim that permission was granted by the developer is not valid since the developer has no right to violate the governing documents or grant some right to one that is not enjoyed by all. The board should advise the offending member the practice should cease.

Question: We have a resident that seems to be suffering from dementia or Alzheimer's. He wanders the halls and forgets where he lives. He's left the stove on several times and has set off the fire alarm. What can we do?

Answer: If this person has family, they should be notified as soon as possible of the danger posed to both the relative and others in the building. If family is unavailable or unwilling to intercede, contact local social services for assistance.

Question: Can payment of HOA fees be withheld if the payer feels the HOA is not doing its job (like rule enforcement, repairs and landscape maintenance)?

Answer: Unless your state law specifically allows it, HOA fee payments cannot be withheld. It's simply too easy for someone that doesn't want to pay to find an excuse. The board and manager should be informed in writing of the specific repair request or other problem. However, in the case of an urgent repair request that the HOA has failed to perform (like a leaking roof that is damaging the member's unit), the member might order repairs, pay for them and seek reimbursement.

For more on these topics, see Regenesis.net.

Published: January 10, 2008

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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 .