Most-asked HOA and Condo Questions Answered

It’s a New Year, and a great time to review the most popular questions from HOA and condo residents. We complied them to help you and your community run smoothly.

Question: If a board member abstains from voting at a duly called board of directors meeting is this abstention vote an affirmative vote?

The short answer is, no. The vote is not counted. However, not voting may have the effect of a negative vote if a certain number of affirmative votes are required to pass a motion.

Question: One of the homeowners in our community is being a nuisance to his neighbors, and we’re not sure how to curtail his behavior. According to the complaints, this owner has damaged a neighbor’s car, played loud music at night, and threatened to retaliate against owners who complain about him. How can we help control this owner and bring peace back to the community?

Boards should look to their community’s governing documents (bylaws, declarations, and rules and regulations) to determine the rules governing the conduct in question, as well as the type of actions the board can take against an owner to enforce those rules. The board’s ability to enforce its rules may come in different forms, such as being able to bring an action in court against an owner for an injunction (order preventing a person from engaging in the offensive conduct); the ability to fine for rule violations; and, if the community is a homeowners association, the board may be able to suspend the offending owner’s access to the amenities. 

Question: Our HOA’s main entrance is very unattractive and needs lighting and a sprinkler system. The cost of these improvements would be $5000, and we only have $1000 in reserves What is the best way to handle this matter?

The governing documents generally provide the authority the board needs to raise money to take care of common elements by special assessment if necessary. But have you completed an operating budget including insurance, utilities, landscape and other expenses related to this project? Have you performed a reserve study to deal with the long range cost of the addition? Before moving forward with this, consider the whole expense picture.

Question: Our board received a complaint about a resident running a home-based business, and the increased number of trucks carrying packages. Should the board prohibit home businesses?

It’s not a best practice to ban home-based businesses. However, an association can control how home-based offices impact residents and common areas. The HOA should establish home-based businesses guidelines as they relate to parking, traffic, noise, and signs. CAI encourages community associations to adopt use restrictions pertaining to home-based businesses that are reasonable, flexible, and applied uniformly according to objective criteria that are set forth in the governing documents or rules and regulations.

For more information, check out CAI’s public policy on home-based businesses in community associations.

HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. We then assemble trusted experts to provide practical solutions to your most commonly asked, timely questions. We never use real names, but we always tackle real issues. Have a question or comment about your community association? Submit here for consideration: