Question: Should correspondence between board members be confidential? We have a board member whose spouse reads internal board discussions and shares them with other residents.

Answer: The answer you were probably looking for was "No," but there is a bigger issue here. Unless your governing documents allow such "internal" correspondence, board business needs to be transacted in a meeting forum that is open to the members. This means using email and phone to transact business is usually not allowed, (although some states like Oregon have recently made email and phone meetings allowable). So, yes, this spouse and all other HOA members are probably entitled to read the board's internal communications because they involve HOA business. And these communications should be handled in an open meeting.

Question: Our rules enforcement resolution provides for a hearing before the board if the alleged violator contests the Violation Notice. We are currently facing the prospect of our first such appeal hearing. Is there a correct format or procedures for this type of hearing?

Answer: The appeal hearing needn't be overly elaborate. The accused should be granted a meeting with the board to appeal the ruling. If convincing evidence is provided, the board can and should rescind the violation. If not, the board should deny the appeal in writing.

Question: Is it okay for a board of directors to determine who to exempt from monthly assessments and or late fees based on claims of financial hardship? Should the other members be made aware of this policy?

Answer: The board does not have the authority to exempt anyone from the collection policy. As a matter of fact, the board has the duty to enforce the collection policy on all members regardless of hardship. This may seem harsh but there is no free lunch and if all don't pay, it puts the shortfall on the rest. If the board gets a member vote to waive the collection policy, that is permissible. HOA members can do anything they are willing to pay for.

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Published: September 12, 2007

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .