Ask the HOA Expert: Limited Common Elements, Quorum Rules
Written By: Richard Thompson
Monday, November 19, 2018
Answer: Common elements available to one or several members instead of all are referred to as "limited common elements". This means they are common but limited to exclusive use of one member as in the case of a unit deck or designated members as in the case of a private street.
These limited common elements are typically identified on the legal plat and cannot be expanded without encroaching on common areas which belong to all owners in an undivided interest. So, the board has no authority to allow such requests. Changing this requires a vote of members which may be up to 100.
Question: At our recent annual meeting, an issue was brought up and a motion was made on something that was not on the agenda for the meeting. The president allowed the motion to be made, seconded and voted upon. But, there were not enough members represented to constitute a quorum. Was this an illegal vote?
Answer: The vote was illegal due to lack of quorum even if it had appeared on the Meeting Agenda. Without a legal quorum, no business may be transacted or elections held. You might have a lively discussion but nothing official can take place.
Lack of quorum is an all too common scenario than can be cured by proxies. A proxy is the written authorization by one member given to someone to act on their behalf at the Annual Meeting. Proxies must be distributed well in advance of the meeting and collected before the meeting to ensure a legal quorum. Getting folks to return their proxies can be challenging and multiple requests may have to be made, including going door to door to collect them if necessary. There is a sample Proxy in the Meetings section of www.Regenesis.net
Question: We recently had our unit chimneys cleaned. A board member accompanied the contractor and opened and secured units upon exiting. As a result of this process, it was discovered that one of the units was jammed with stacks of newspapers, garbage, furniture blocking hallways, piles of clothing and cases of cans. The resident is clearly suffering from a hoarding problem.
Should the board get involved in this situation? No neighbors have complained of any noxious smell. The area outside her condo is tidy. She keeps to herself, is pleasant to the staff and not a smoker.
Answer: Turning a blind eye to a hazardous situation is not the way to go. A letter to the resident and landlord if applicable is in order. When garbage isnrsquo;t being disposed of regularly, it is only a matter of time before there is vermin problem. The fire hazard potential sounds great as well so the letter should include a request to remove or store flammables.
Question: Can the board offer discounts to members that prepay a special assessment rather than participate in a payment plan?
Answer: No discounts should be offered since they would cause a shortfall. It is appropriate, however, to charge late fees to those that donrsquo;t pay as agreed.
However, it is a bad idea for HOAs to finance special assessments at all because of the increased administrative costs and the likelihood of dealing with delinquent payments. For example, If you have a 30 unit condo and allow 24 monthly special payments, you have 720 payments to track and 720 potential collection problems. Instead, require each member to provide special assessment funds from whatever source they have available. Some have cash, some has an equity line of credit or credit card. The HOA should not finance the special assessment or borrow the money.
Question: Our homeowner association is made up of condominiums built in a townhouse >
Answer: Itrsquo;s a very bad idea to allow individual unit owners to do or pay for this kind of work directly because of:
1. Quality Control. Is the person doing the work experienced? Is the material being used of good or superior quality?
2. Risk Management. Is the person doing the work properly insured for injury and liability?
3. Owner Still Financially Responsible. Doing this kind of work does not >
Question: What kind of expectations or working >
Answer: The board should:
1. Support the managers decisions unless a clear mistake has been made.
2. Not undermine the managers actions in rules enforcement and collections.
3. Carefully consider the managers advice since it comes from experience and training.
4. Be respectful of the managers busy schedule.
5. Allow the manager to execute the terms of the management agreement without micro-managing.
6. Remember that the manager works for the board.
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