Sage advice on HOA and Condos.

I'll make a stab at this.

1. Federal laws.

2. State Law and State Statutes are one and the same.
I believe PUD is in the state laws.

3. Local ordinances, city or town would be next.

4. CC&R's are the restrictions of the master deed
Rules & Regulations just clarify the CC&R's. They don't add or
subtract. They include any Gated community Rules

The CC&R's (Declaration) controls if there is a conflict between the Articles of Incorporation and the Declaration.

5. The Articles of Incorporation spell out the type of Corporation, (for profit, not for profit, etc.) the Purposes, Powers, the Identity of Members, Voting Rights, minimum and maximum number of Board of Directors, Duration and Dissulution, Indemnification of the Directors, etc. Articles of Incorporation control if there is a conflict between the Articles and the Bylaws.

6. Bylaws

The Bylaws spell out the duty and responsibilities of the Board of Directors, how elections are held, meeting requirements, etc.

The Board of Directors are charged with carrying out the duties spelled out in the Bylaws. They must be guided by all Federal, State and local laws, and the CC&R's. They must make decisions that are in compliance with these laws and governing documents, and "For the good of all Members". That means they should not have personal agendas. If there is an issue that a director is in favor of and knows it is not in the best interst of the association, then s/he should put asside his personal feelings and vote for the good of the majority of the community.

(Example) Speeding is a serious problem in the Perfect Homeowners Association and the majority of the community wants speed bumps for safety. One director hates speed bumps. That director should elect to have speed bumps because it is for the good of the majority of the community.

The Management Company is hired by the Board of Directors to perform certain duties. They answer to the BOD. The BOD is responsible to see that the Management company performs all of their duties properly. They are also responsibile to see that all contractors perform their duties properly. The Management company is an employee (contractor) of the board. The manager assigned to the Association is an employee of the Management Company.

The director should be very good to his/her spouse, because that's the person to whom you'll use as a sounding board when you have a bad day at a board meeting when irate home owners are yelling at you.

Note: Sometimes a statute will state a law, and either say, in certain language that the law overrides the CC&R's, or that it applies unless the CC&R's say something different. So you have to read the letter of the law carefully to know how the CC&R fit's into a particular law.

Someone will correct me if I'm wrong in the hierachy above .

Robert, my order is:

1. Spouce (without question)
2. U.S. Constitution
3. Federal laws
4. State statutes/laws
5. County, Township, and/or City ordinances
6. Plat
7. Declaration of CC&Rs
8. Articles of Incorporation
9. By-laws
10. Rules and Regulations
11. Board Resolutions and motions passed by members

RobertR1 - Great post, though I believe that federal, state laws/statutes, and borough ordinances trump cc&rs. Though cc&r's are critical and yes, the umbrella under which we all reside, they must be reasonably governed by those willing to help them and the community evolve.

I'd inform the manager in writing, certified mail return receipt requested, with cc to my attorney that prior to making what I consider to be a written threat from himself speaking on behalf of the board, he needs to provide a legitimate reason for denying all information I request now and in the future. Unless the information I request is part of attorney client privaledge and I am aprised of this in writing, it is my right to receive the information in a timely fashion, without denial, threat, or request for me to justify it's importance to my investment and the association's obligation to provide it accordingly. End of story.

Hi again...

There is some information that the HOA has that may not be subject to ordinary disclosure, such as individual financial information to which the Board has access due to their position, but another member would not, due to such things as defamation, libel, etc. if it became common knowledge that a particular member was facing foreclosure, for instance.

At the management company for which I used to work, they had a policy that membership lists would not normally be given out, unless there was a legitimate reason to release the information. Starting a company and wanting the list for the purpose of approaching neighbors to solicit business, for instance, would not have been considered a legitimate reason.

The Board has a fiduciary duty to run the Association in a business-like manner, with disclosure of any conflict of interest, etc. It is almost an assumption that the Board will not be able to make everybody happy while fulfilling their fiduciary duty (who wants their assessments raised? - but sometimes it's necessary!).

If your requests to the management company are reasonable, then JoeW's advice is very good. However, you must realize that there may be a cost for the management company to provide information (printing, copying, and time if the contract is hourly or such requests are included as a billable "extra" in the contract).

J. Patrick Moore, CMCA

I don't want to beat a dead dog, but does anyone want to give an opinion where the individual/s unit owner falls in the heiarchy ratings?

Certainly, real effort should be made to spend money wisely on the physical plant and provide for well maintained grounds, etc. But all that could be said about management. Is it proper to spend money on a Beer Bash or Bar-b-que. I doubt that even if all owners attended.

When I think about it, I am convinced owners personal agendas, financial plans, future plans or the old saw, "Most of the people would vote for it," may be true but in this context it is irrelevant.

Collectively, we can manage, make new laws, vote, work for betterment, etc, etc. By our charter I would believe we are way down the ladder, if not at the bottom of the list, and tha'ts how it should be.

William T,
You said it much better than I William. I think some boards have trouble with this and also some owners. When considered at depth, your explaination is the only way it will work properly.
Thanks to all.