Question: We have a number of vacant homes in our homeowner association. Does the HOA have a responsibility to secure and protect them?
Answer: This is more of an issue in HOAs that have attached or common wall housing like condominiums and townhomes. Most of the damage to vacant units is caused by rodents, freezing pipes that cause flooding and vandalism. An unheated unit could have pipes freeze which causes flooding to it and neighboring units. This could be disastrous in a high rise condominium.
Controlling the freezing issue is extremely important in units vacant for long periods of time. While most HOAs have the legal right to have access to vacant units for emergencies, the HOA needs to pre-plan by being aware of specific units which are vacant and know whether they are abandoned or merely temporarily vacant.
If a unit has been abandoned due to foreclosure, the HOA should take proactive measures to ensure that the unit is winterized (pipes, toilets and hot water heater drained). Beyond that, the HOA is not responsible to damage the unit interior may suffer due to extended vacancy.
Abandoned units are usually in some stage of foreclosure, so at some point a lender will take measures to secure and protect their collateral. Until then, the HOA needs to do what is necessary to protect neighboring units.
Question: Our governing documents are over 20 years old and outdated. What process should we use to bring them up to date?
Answer: You should always use a knowledgeable HOA attorney when amending documents to ensure they comply with proper form, current statutes and get properly recorded. Amendments to the governing documents require an appropriate vote (as defined by the governing documents) of the members which varies sometimes depending on the type of amendment. In other words, some amendments may require a larger or smaller number of “yes” votes. If you plan many or some sweeping changes, break out the individual amendments and vote on them individually.
Question: Do you have information regarding the Americans with Disability Act and its affect on HOAs?
Answer: In general, HOAs are required to provide “reasonable accommodations” to persons with verified disabilities (a doctor’s letter). That means the board needs to allow necessary installations like ramps to a unit or reassign HOA controlled parking spaces to disabled residents for easier access to their unit. The HOA is not required to pay for these installations and can require reasonable quality standards.
That said, if a majority or sizeable number of members have disabilities (like many senior residents who can’t climb stairs), it is certainly permissible to have the HOA pay for and maintain commonly used ramps, handrails and other installations which many would use.
Question: We recently received notice of a $1000 special assessment which is due in 30 days. This special assessment was necessary due to a number of foreclosures that made some past due accounts uncollectible. Why should the other members have to pay for this?
Answer: You are describing a fundamental reality of HOA living: If all members don’t pay their fair share, the rest have to fill the gap. That is why it is so critically important to have an aggressive collection policy that includes filing liens to protect the HOA’s interests. “Aggressive” means that any amount that is at least 10 days past due should receive a late notice and late fee. Any 30 days past due, should receive a 10 day notice to pay or the matter will be turned over to an attorney for collection. All legal and collection costs should be charged to the delinquent owner. There are other important collection considerations. For a sample collection policy, see www.Regenesis.net – Policy Samples section.
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