Legality of mixed Board of Trustees

Our association is located in Washington State. We have about 1,100 property owners. Of those, 90 are condo owners. By charter our board of trustees has 9 seats and three are condo owners.

The imbalance of representation has been an issue and we were recently informed that it is illegal for members of different interests to make rules or decisions that will effect folks who do not own like properties.

The condos have a private landscaping contract, have no trees to deal with and are not allowed color changes or exterior modifications, yet the condo reps on the board and various committees (such as Architectural Control and Greenbelts) make decisions over property owners who do not share their interests or needs.

Has anyone viewing this message dealt with such and issue? If so, I'd like to hear from you. - Thanks.

Our original regulations written by and for the developer in the 70's declared that there would be three condo reps on the board. At that time they were building the development and they owned all the condos that werre built to market and about 950 vacant lots which were sold as home sites.

Putting three members from the condos gave them control of the board and limited interference in how they developed the rest of the resort. But, now that the lots are sold out and most have been developed the balance of process is out of wack.

Now the question is whether condo owners who have nothing in common with lot and home owners shoule be participating in decision making votes which affect the condition of private homes or green belt areas in which they have no interest.

Some have told us it is illegal. So, I am hoping to hear from other associations that may have a mixture of homes and condos to see how their boards are structured.

Hi JimB11,

You said with regard to your homeowner association board comprised of both condo and single family homeowners: “Some have told us it is illegal. So, I am hoping to hear from other associations that may have a mixture of homes and condos to see how their boards are structured.”

First, my reply is based on my own situation (and opinion), gov docs, & IL law; you should to look to your own gov docs & state law to determine the legality of your situation. But you did ask if there are others with a similar HOA. The answer is “yes” – in IL we have Master HOAs which are a mix of condo and single family homeowners.

Our subdivision is comprised of:

~100 unit townhouse style condo HOA
110 unit townhouse style condo HOA
~580 total homeowners Master HOA (combination of the 2 condo HOAs plus ~370 single family homes).

This was established per IL Condo Act. ALL homeowners pay an annual assessment (all pay same amount).

The Master Association has a 5 member BOD: 3 elected from single family homes and the president from each of the 2 condo HOAs.

The condo owners do not vote in the Master Annual Election which takes place at the Annual Members Meeting, but are noticed for the annual member meeting and are welcome to attend all BOD meetings.

The Master HOA has responsibility for the common elements (commonly owned property of ALL homeowners) – retention and detention basins, and other landscaped areas (and fence) that run around the perimeter of the subdivision. They manage the landscaping contractor (only for Master common areas), and snow removal (only for sidewalk/walking path which runs along perimeter of Master HOA along the common landscaped area). They are also responsible for enforcement of our governing docs.

But, there are basically no restrictions for the single family homeowners re sheds/outbuildings, architectural control, pools, vehicles, recreational vehicles (boats & campers), and so forth – except for two: no roof-mounted antennas and with regard to fences for the properties that are along the exterior.

The Master BOD could develop rules, architectural controls, but chose not to do so. As a side commentary....we are an upper middle class neighborhood with beautiful homes and yards. The lack of such controls mentioned above has not been an issue (i.e., we do not have people with junked vehicles and chickens running around in their yards nor homes painted in garish colors.)

Also, our condo residents would love to “secede” from the Master HOA as many do not see any value for the dues they pay each year. Of course, this would not fly with our single family homeowners as if this should happen, their annual assessments would increase (we would need to amend our Master gov docs which would require 75% vote of homeowners).

Do your condo owners pay assessments to your HOA which includes the single family homeowners for maintenance of the common areas? Are they allowed to use the common areas (you mentioned you are a resort??)?

Hope this helps,
Bonnie

Here is my take:
"Some have said it is illegal" most likely really means: "some wish it was illegal." When they say this simply ask them which law they are referring to. Then explain that the cost of going on the hunt for likely non-existent laws is cost prohibitive.

Now it does seem like there is a lopsided division of power present. But I also would point out that I see no reason it couldn't be changed. The reality is that six of the nine Board members are presumably not from the condos. And if it takes a vote by the membership that is also covered.

One thing I don't understand is does your Architectural Committee consist only of Board members? Our documents call for a separate committee.