July 2010
  reprinted with permission, Richard Thompson, www.regensis.net

Ask the HOA Expert
by Richard Thompson

Question: The board wants to have a special meeting with the owners to update them on what it has been doing, however, we assume that an owner who has filed a lawsuit against the board will be present. Should we let the unit owners know that there has been a lawsuit filed and that we have legal representation? If so, how much information should we offer or limit ourselves to?


Answer: The board wants to have a special meeting with the owners to update them on what it has been doing, however, we assume that an owner who has filed a lawsuit against the board will be present. Should we let the unit owners know that there has been a lawsuit filed and that we have legal representation? If so, how much information should we offer or limit ourselves to?


Question: Can the developer make exceptions to certain architectural restrictions? Our developer allowed some owners to enclose their decks and since turnover, the new board says it won?'t be permitted by others.

Answer: The developer has no special right to violate architectural restrictions established in the governing documents. However, it is commonly done because the developer wants to sell homes. If the developer has allowed certain exceptions, the board needs to decide if this is something which should be allowed by other owners. To avoid a double standard, the answer is usually "yes" and the board should develop and approve the standard so all are done the same way with quality design and materials.

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Published: June 3, 2010
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