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Question:
I have a question regarding HOA regulations in
compliance with the Americans with Disabilities Act
(ADA). Are HOAs required to provide a sign language
interpreter for a deaf HOA member at meetings?
Answer: ADA requires HOAs to make "reasonable
accommodations." That means that the HOA would
not prohibit a resident from using disability
related equipment and assists. This usually affects
parking and access however can extend to other
disability accommodations. Requiring the HOA to
provide and pay for a special service like this one
exceeds the "reasonableness" condition.
However, the HOA can voluntarily provide such
services and a deaf member should be allowed to
bring a sign language interpreter to the meeting.
Question: I am an ex-Treasurer of our HOA. The
current President and Treasurer are an engaged
couple. Each is a homeowner. Should they both be
allowed to be signers on the HOA bank accounts? What
accounting records am I entitled to see?
Answer: As long as both the Treasurer and President
each own a unit, they are both entitled to serve on
the Board. It's up to the Board to decide who serves
in what office. It is common practice for the
President and Treasurer to be signers on the HOA
bank accounts. You are free to express your concerns
about this arrangement but barring convincing
evidence of wrongdoing, raising this issue is bound
to imply wrongdoing and cause hard feelings. Tread
carefully. As a matter of good management practice,
the HOA should carry fidelity insurance to help
safeguard against fraud and embezzlement. As an HOA
member, you have the right to review all financial
records with exception of confidential ones like
collection activity on members. Requesting a special
delivery of financial records is not reasonable
unless you are willing to pay for staff time and
copy costs. You do have the right to arrange an
appointment and go to the place where records are
kept and review them. You should expect to pay for
reasonable copying costs. Question: In an HOA, who
typically pays for a cracked window (called a
"stress crack" by the window repair
company)? Our CC&R's require the HOA to cover
repairs and maintenance of "exterior
finishes" but windows are not specifically
mentioned. Answer: Usually, window repair is an
owner responsibility unless the governing documents
indicate otherwise or the problem is related to
structural settling. If structural settling caused
the cracked window, the HOA should do the repair and
stabilize the structural issue as soon as possible.
Of course, if the crack is present in this unit,
other units should be checked for similar problems.
Question: We are trying to formulate our rules
violation policies. Who should receive complaints
from residents about rule violations, the Board or
the paid manager? Answer: The manager should process
complaints. However, the Board must adopt policies
and procedures so the manager knows how to respond.
If those policies are in place, the manager simply
executes them (the policies, not the rule
violators). Neither the Board nor manager should
automatically accept a complaint. If this is a first
time complaint about a neighbor, the complainer
should be required to first take the matter directly
to that neighbor both in person and in writing
rather than expect the HOA to do the dirty work.
That way, the manager knows that reasonable action
was taken to resolve the issue before it was
presented for resolution to the HOA.
If this has been done, the manager should accept the
complaint in writing with precise details which
include the time and events together with copies of
correspondence between the neighbors. That way, the
manager knows that the complainer took personal
action to resolve the issue. If the complainer is
not willing to put the matter in writing to both the
offender and the manager, the manager can assume
it's not important enough for the HOA to deal with.
Of course, there can be extenuating circumstances,
like a aggressive or violent neighbor. The manager
can make the judgment whether to intercede or not.
The manager may have a question from time to time on
how to proceed with a complaint. Specific direction
should be provided by the Board President. Aside
from this, the manager should have authority to
handle most matters. This is one of the great
advantages of having professional management ... not
having to enforce rules on neighbors. Finally, not
all complaints are the HOA's responsibility to do
something about. For example, if spouses are having
violent altercations, it's a matter for the police
and the complainer should be directed that way.
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