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Q & A With HOA Expert

Q: I am having trouble contacting the individual directors on the board of directors. The HOA president says there are “privacy issues” to giving out phone numbers or email addresses. I’ve asked our property manager and I get the same response. I thought that as a homeowner I have a right to directly contact my board members.

A: All members, including board members, have the right to privacy. Your board has hired a management company to handle business. The manager, in turn, contacts the board as needed when business matters exceed the manager’s authority. I suggest you contact the manager with your request. Either he will be able to help you or will ask the board president or board for direction. This is a reasonable process to protect board member privacy.

Q: Does an Architectural Review Committee (ARC) have the right to ignore published regulations relating to the installation of playground equipment on a residential lot? Our Rules and Regulations specifies that before an application is approved, the owners of adjacent properties must be notified.

A: If the ARC has a procedure to follow and it has not been followed, you have the right to appeal the matter to the board of directors. The requirement for neighbor input was put there for a reason and should be honored as long as it exists.

Q: Can owners and board members be prohibited from conferring with the HOA’s lawyer by the board president who is the appointed liaison?

A: Since conferring with an attorney triggers cost to the HOA, the board should have a strict policy concerning how and when it is done and who has authority to do so. This policy should be communicated to the attorney in writing so he knows who he authorized to deal with.


Used with permission from Richard Thompson of From Regenesis Aug. 2017 newsletter.