Question: Our homeowner association recently adopted an amendment to the governing documents limiting the number of rental properties. The board prohibited voting by members who were in arrears. Does the board have this authority? And, if so, can the board discount those votes when calculating the votes required (75% in our case) to amend the governing documents? Our board has been very aggressive in issuing fines and penalties and declared 50% of the members ineligible to vote. So, the votes that were allowed constituted only 50% of total votes. Of those, 40 (90%) voted in favor of the amendment so the board declared the amendment passed. Is that legal?

Answer: Taking away an HOA member's right to vote can only be done if the governing documents allow it. Since a member's right to vote is a fundamental owner right, this kind of restriction is rare. And the board never has authority to invoke voting restrictions on its own. From what you describe, this board acted improperly and should be called on it as soon as possible. If it is not held accountable for this kind of chicanery, who knows what kind of dictatorial behavior may follow?

Question: We regularly publish in our newsletter to contact the property manager with questions or concerns, yet the president continues to get calls. What can we do?

Answer: A number of suggestions:

1. The president should not take or respond to calls or agree to pass them on to the manager. A simple, "Thanks for your call but please contact our manager directly with your request at xxx-xxxx or manager@email.com" works well.

2. The president should get a caller ID device and not pick up calls from repeat offenders.

3. The president should have a voice mail message that includes "if this call concerns HOA business, please contact our manager at xxx-xxxx or manager@email.com".

4. Remove board member phone numbers and email addresses from newsletters, notice boards, etc.

5. Get a free HOA email address like hoaboard@gmail.com to route inquiries to the manager.

Question: We have a big problem with residents illegally parking in our designated fire lane. Many do this because they are using their garage for storage and are too lazy to walk to a designated parking area. A local towing company has offered to paint the curbs red and stencil FIRE LANE on them for free if the HOA buys the paint. They will also monitor the area at no cost and automatically tow vehicles parked in the fire lane.

Answer: The board should accept the towing company's offer and have them schedule the painting several weeks away. In the meantime, notify all residents and owners in writing (email, mail, flyer, etc.) that for life/safety reasons, on such and such a date, the curbs will be painted red with FIRE LANE and towing signs posted. After that date, all cars parked there will be towed without warning and offenders will have to all pay towing charges. Advise also that the same policy applies to guests, contractors and other non-residents, and that the board will make no exceptions.

To make the policy effective, the board should, at least initially, advise the towing company when there is a violator since the towing company can't provide a 24/7 presence. The faster a car gets towed, the faster violators will "get it". Once a few cars get towed, the word will get around and put a stop to most future violations.

Also, the board should adopt a Parking Policy that restricts using the garage for storage when that storage displaces vehicles to the street. Each resident should be strictly limited to the number of cars that will fit in the garage and driveway. Also, no residents should be allowed to use designated parking areas which is typically reserved for visitors. Since HOA parking is usually sparse, it is very important not to allow residents to commandeer the spaces.

For more innovative homeowner association management strategies, see Regenesis.net.

Published: June 3, 2009

Use of this article without permission is a violation of federal copyright laws.

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 .