June  2010  reprinted with permission, Richard Thompson, www.regenesis.net

Ask the HOA Expert
by Richard Thompson

Question: Our homeowner association's governing documents include a provision that "No unsightly articles shall be permitted to remain on any home so as to be visible from any other portion of the development". The term "unsightly articles" seems to be something that could be broadly interpreted to anything visible from the street.

Answer: Usually, the governing documents are a bit more specific about things like this. If they aren't, the board should enact a policy that interprets what "unsightly articles" means. This interpretation does not need to provide an exhaustive list but it should give the owners the types of things that qualify. This policy should clarify 90% of the enforcement issues and the board can then focus only on the 10% of those issues that raise their "unsightly" heads.

As with all rules, the board should circulate the proposal to the members for a 30 day review and comment period before making a formal decision. That way, there is a presumptive buy-in.

Question: Our board is trying decide the proper way to handle an issue. At our recent annual meeting, a motion was made on something that was not on the agenda for the meeting. The president at the time allowed the motion to be made, seconded and voted upon. There was not even a sufficient number of owners there to constitute a quorum. The homeowners not present had no idea this was being voted on. Was this vote legal?

Answer: There are several issues to consider when voting at an annual meeting:

If there was not a legal quorum at the meeting, no business of any kind can be conducted and that includes election of directors.
Any motion to be voted upon at an annual meeting needs to be noticed to all members in advance of the meeting so that they have an opportunity to vote.
The president allowing the motion to be made does not make the matter acceptable or legal. Any member, whether they attended the meeting or not, can demand that this vote and any other business transacted at this meeting be nullified immediately. If the demand is not acknowledged by the board, an attorney letter may help. Neither the president or the board is above the requirements of governing documents.

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Published: June 3, 2010

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