Question: My neighbor made a verbal request for a fence installation and got a verbal approval from the board the next day. I wanted to install essentially the same thing at my home but was told I had to submit plans for approval. What should I do?

Answer: Homeowner associations often have architectural guidelines that must be followed. Part of the approval process is to submit written plans, name of contractor and other details for review. If there are architectural standards, all should be given written approval so the record is clear that there has been no favoritism. The requirements should be in your governing documents. If you don't have a set, ask the board to provide you with one.

Rather than waste a lot of emotional energy on fighting the issue of whether verbal or written approval is required, you should submit a written request. The board is required to respond within a reasonable time like two weeks. (If there is no time limitation in the guidelines, ask that they respond within two weeks.) If they fail to respond in a timely way, move ahead with your plans making sure to have all permits required.

If you are denied by the HOA, get the reasons in writing. If you are denied unreasonably, you have the right of appeal.

Question: I’m a new board member. Every time I want to talk about HOA business independently, the president tells me I can't because I'm on the board. I'm ready to quit so I can have my rights back.

Answer: It all depends about what you mean by “talk about”. If you are lobbying the homeowners regarding issues that the board has ruled on, it would not be appropriate for you to circumvent the board’s authority. A house divided against itself cannot stand. The board has authority to make decisions and enact policy as authorized under the governing documents. If you are involved with matters outside the board authority, you have the right to do so as would any private citizen.

Question: One of our biggest problems is getting members to participate and pay their assessments. Any philosophy about these two issues?

Answer: Few folks want to volunteer for a board that has no business plan and even fewer want to pay for something they're not getting. Essentially, it boils down to a philosophy of running the HOA like the business that it is. The board is often entrusted with millions of dollars of assets yet many manage those valuable assets by crisis instead of by design. Most HOA business can be planned for. If the board adopts a philosophy of long range planning, a realistic budget and regular communications with the members, harmony will result.

Published: December 28, 2011

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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 .