Ask the HOA Expert: Who Is Supposed To Fix And Maintain What?

Question: Our board has a running battle with various unit owners about who is supposed to fix and maintain what. As a result, the board has paid for repairs that were probably the unit owners responsibility. How do we get this under control?

Answer:The board should adopt a Maintenance Insurance Areas of Responsibility Policy which defines responsibilities HOA vs Owner. The idea is to break down the buildings and grounds into component parts and then describe who is responsible. Always review and use the governing documents as a guideline if direction is provided. While the Areas of Responsibility Policy can be subject to interpretation under certain circumstances, it usually provides clear guidance to both the board and unit owners. Moreover, it provides the board with the basis for consistent handling of maintenance issues. Another benefit is it clarifies for the HOAs and unit owners insurance carriers what things the HOA is responsible for and eliminates claim disputes. This is a "must have" policy in any common wall community. There is a sample of this policy in the Policy Samples section of www.Regenesis.net.

Question: We have a resident we routinely have to call the police on for disturbing the peace, verbally assaulting and stalking neighbors and threatening them with physical harm. This resident is essentially psychotic and totally unpredictable. This has gone on for years and weve reached our limit. This situation is now affecting sales What can we do?

Answer: Have you been in contact with this persons >

Question: I am researching HOA pool liability. Recently, the board enacted pool hours which dont seem safe: 8am to 11pm. Im concerned about allowing people to swim after dark. The pool has no lighting.

Answer: Since daylight hours change daily, either longer or shorter, it makes sense to tie pool hour closing to dusk or 10 pm whichever comes first. Due to noise concerns, the pool needs to close at a reasonable hour unless the location of the pool doesnt create a noise issue. For the same reason, establish a pool opening schedule to avoid disturbing people who may still be sleeping. Of course in Alaska, the Land of the Midnight Sun, all bets are off. But the pool is probably frozen anyway.

For more innovative homeowner association management strategies, see www.Regenesis.net.

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