Question: In our HOA, many of the original old wooden fences need to be replaced. The governing documents address fence design and material but do not mention height. The board has issued fence guidelines which state that the maximum height is five feet. Some of our members have challenged the board's policy since they want a six foot fence.

Answer: Architectural and design policies like fences are often enacted by the board. If the board has a reasonable basis for setting the five foot limit (like that has been the standard for years), it has every right to do so. The fact that some may not agree is no surprise. Welcome to America. But the board has the authority to set such policies and amend them later if there is a compelling reason to do so.

Question: Our HOA has a strict policy in order to preserve the streetscape and prevent clear-cutting. The board gets requests from time to time from members asking permission to cut trees. We will inspect and sometimes approve the cutting if there is disease or damage. If not, the requests are denied.

We now have a resident who is requesting to cut two tall pine trees that are close to his house due to the potential of the trees falling. He is stating that the HOA will be liable if the tree falls. Is the HOA exempt from such liability if the governing documents state that significant trees cannot be cut?

Answer: Besides the falling tree issue is the potential fire hazard. Trees should be located at least 30 feet from the structure, especially if they are highly flammable like pine trees. There is also the issue of tree limbs damaging the roof and the trees causing foundation damage when they sway in the wind.

But to address a specific request, it would be prudent to get a licensed arborist to review the trees in question. If the arborist believes they are a danger, they should be removed. Otherwise, they should not. The board is not responsible for acts of God, only for handling business in a prudent manner. Use experts to your advantage.

Question: What do you think about placing a time limit on the board meetings? There are some members that believe that there should be no time limit and others that believe there should be.

Answer: Generally, board meetings should not go longer than two hours. This seems to be the average time limit for sustained human concentration. Board meetings should always have a set agenda together with proposals, information and recommendations circulated in advance to the directors for review. In other words, the directors should not arrive at the meeting cold and clueless. They should have a good idea about the topics of discussion and be prepared only to clarify the issues before an up or down vote. Board meetings should never involve rambling discussion. Board meetings are intended to transact business. Stick to the agenda, get business done and adjoin the meeting in two hours or less.

Having short board meetings is an effective recruiting tool for good board members. Successful business people value their own personal time and will be more inclined to volunteer if the meetings are run in a businesslike way.

Question: Our pool and clubhouse are 15 years old. The board wants to build a larger pool and upgrade the clubhouse which would require a $200,000 special assessment and drain our reserves.

Answer: The board has no authority to expand the common area amenities. Its authority is to maintain existing amenities in good condition. However, if an appropriate majority of the members are in favor of raising and spending this money for this purpose, that is acceptable. However, the "appropriate" majority may be a super majority of two thirds or more depending on how your governing documents read. This requirement could effectively kill the proposal.

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Published: August 4, 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 .