Changing Number of Directors

Question: Our HOA board currently has three members and we are considering getting approval from members to increase to five members. What are the advantages or disadvantages of doing that?

Answer: The number of directors that serve on a board is typically odd like 3, 5 or 7 so that voting ties can be more easily broken. The prescribed number of directors that serve on a board is usually related to the total number of owner members. It’s common to see three member boards in small HOAs with, say, up to 20 members. For larger HOAs, five and seven directors is more common. It all has to do with the size of the pool from which candidates can be drawn. The larger the pool, the greater the potential for candidates.

Whatever the magic number, the directors that serve need to be available to attend board meetings. It makes little sense to increase the size of the board unless all directors are ready, willing. Without a quorum (majority of directors), business cannot be legally conducted.

Some governing documents allow flexibility in the number of directors, say, "up to seven" which would allow fewer if candidates were few and more if they were plentiful. If your governing document set the number of directors, then a vote of the members is required to raise or lower that number.

Complying with Government Regs

Question: Our local jurisdiction has imposed storm water management requirements that affect our HOA. While there is currently no penalty for failing to comply, it seems that the board should be proactive in this regardless.

Answer: If the board or HOA has been given specific direction from the local government in this regard, the board is obligated to follow it. Waiting for a citation to force compliance is not good business and it’s every citizen’s duty to help manage and protect the water supply.

Controlling Speeders

Question: We have a problem with people speeding and running stop signs. Our roads are private so we are self enforcing. Our setting is country so people do not want a city look to our roads. Can you offer suggestions? Also, what is our responsibility and liability if an accident occurs due to speeding or running a stop sign?

Answer: In general, the board should take reasonable action when confronted with a controllable issue in the common area, particularly when safety is involved. I suggest the board engage a traffic control consultant to study the issue and to make recommendations which the board can consider.

Start with your county government which should have a department in charge of roads and road safety. You might also consider moveable or permanent radar speed signs like those sold by alltrafficsolutions.com and a series of speed humps in areas prone to speeders. Installing roundabouts at intersections is also an effective speed deterrent. Camera systems can be employed to identify offenders although violation enforcement could only work on HOA owners.

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

Published: April 21, 2010

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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 .