Ask the HOA Expert

Provided By Realty Times

Question: Our governing documents describe allowable signs as either for sale or for rent. Since no other types of signs are described, some interpret to mean no others are allowed. This seems overly restrictive. What about open house, garage sale and political signs? How about holiday decorations and flags?

Answer: The main purpose of sign restrictions is to limit their number, size, theme and longevity. There should be provision for the other types of signs you mention since they are common activities. Holiday decorations and political signs should also be allowed as time honored traditions. Simply control the number, size, location and time limit. Flags can come in many forms but the US flag has federal protections.

It's best to have a sign, flag and decoration philosophy rather than an extensive list of acceptable or unacceptable items. The philosophy should stress curb appeal and good taste. Since we all know that some lack taste, the board may need to intercede on a case by case basis. The board may need to compromise when confronted by an intractable resident rather than squander precious emotional and financial resources trying to enforce the rules. There is a sample Sign Policy available to Gold Subscribers of www.Regenesis.net.

Question: If the board is meeting and agrees to an action, but does not follow Roberts Rules of Order (motion, second and vote) but instead all simply agree, is that action legal?

Answer: If state statute or your governing documents require use of Robert's Rules, the board needs to use them in the board and member meetings. Otherwise, agreeing to something as you describe is okay as long as the minutes clearly describe what the board agreed to. However, a simplified version of Robert's Rules is highly recommended to keep the meeting organized and to ensure a balanced and meaningful discussion with a purposeful outcome. Without it, meetings can easily become bull sessions with little accomplished.

Question: The board is authorizing one of our condo unit owners to install a sprinkler system at his own expense, Is there any special paperwork which needs to be made up for him to be liable for it?

Answer: Anytime the board authorizes an owner installation, a legal document should be written that describes what is being done and that the owner is responsible for maintenance, repair and replacement of that installation. That document should be recorded against the owner's title so that the obligation transfers to subsequent owners of the property.

But in the case you describe, the board would be allowing a unit owner to irrigate common real estate. In a condominium, all unit owners own all real estate in an undivided interest. The board has no authority to grant any unit owner exclusive use to any of the real estate.