When Communication Is the Key

QUESTION: One of the owners in our homeowner association wrote to all of the other owners telling them about the proposed remodeling of his home that would include architectural modifications. These modifications require board approval, not the approval of the owners. Isn’t the owner’s action inappropriate?

ANSWER: In my opinion, any owner has the right to communicate with the other owners about association issues. The owner may have felt that his informing all of the owners might engender support for his proposed changes.

Although your letter indicates that the board may feel that the owner’s course of action was inappropriate, the owner could be unaware of the proper procedure for obtaining approval of architectural changes.

Now the board must communicate with the owner informing him that architectural changes require the approval of the board of directors and that remodeling work must not begin until proper authorization is given.

Even if this information can be found in the association’s governing documents, do not assume that the owner has read it or that he understands it.

Periodically, association boards and/or their management companies should send out information about the architectural restrictions contained in the governing documents and the procedures for applying for approval of architectural changes. Be proactive. Don’t wait until someone builds a purple gazebo to communicate with all of the owners.

What About Voting When a Tie Arises? Q: Our community association manager told our board of directors that the board president should vote on motions only when the vote results in a tie. I have read our bylaws and find no basis for this procedure.

Now, one of our directors has resigned, so instead of having five board members, we have only four. It doesn’t seem right that a motion could be approved with only two board members’ votes if one of our board members is absent or abstains from voting. Doesn’t the board president have the right to vote in such instances?

A: Your question is a common one. The board’s method of voting is basic procedure. It should rely on the advice of the association’s attorney whenever the association’s documents are unclear.

Although I am not an attorney, I can pass along to you the advice that I have obtained from attorneys during the 18 years that I have been managing community associations.

The board president is elected by the membership and has as much right as any other director to have his or her vote recorded on every motion. With a five-member board, you need three board members for a quorum. In order for a motion to pass, a majority of the board members in attendance at the meeting must vote for the motion. Therefore, if only three board members attend a meeting, approval of motions would only require the affirmative vote of two board members.

Because board members are not allowed to give their proxy to other board members, it is very important that board members make every effort to attend board meetings and exercise their right to vote.

To avoid tie votes, the vacancy on the board should be filled as soon as possible. Consult the bylaws to find the procedure for filling board vacancies. In most associations, the remaining four board members can vote to appoint a new board member.

Hickenbottom is a community association management consultant and a founding director of the California Assn. of Community Managers. She selects questions of general interest for the column and regrets that she cannot respond to all questions received. Send questions to: Condo Q&A;, Box 5068, Thousand Oaks, CA 91360.