Board member needs to maintain ownership in community

Q: This is a two-part question.

I have been a board member for seven years. Our annual meeting is in February and I submitted my nomination form to re-up my position. We rarely have more nomination forms than positions so I believe anyone who applies will become a board member.

After I sent the form I made the decision to short sell my condo and buy another first-floor unit with private funding. My assessments are not now and have never been past due. Do I need to divulge this move as part of my nomination form? We haven’t passed the deadline for submission of the nomination forms.

And the reason I’m moving forward with this change is because I was laid off. I’m now making a career change and the plan is to become a community association manager. I’m signed up for classes but not employed by any company. At what point do I notify the homeowners of this career change or is this a non-issue as I wouldn’t be working for the management company that represents our association?

As a homeowner, I have a right to privacy just like everyone else but as a board member. I’ve already had to deal with stories circulated by a challenged neighbor. There may not be a perfect way to handle this.

A: From a technical viewpoint, you need to maintain your status as a unit owner with your transition from selling one unit to buying another. From a “political” viewpoint, homeowners who actually vote may be confused by seeing a for-sale sign at your home. Assuming that your association may have a competitive election, if you want to be re-elected, you may need to clarify to the homeowners that you are just moving from one home to another home within the community. The homeowners do not need to know why you made that decision. As to your career change and becoming a community manager, there is no legal reason for you to disclose that information to the homeowners.

Q: We live in a small condo complex, four units per building. It was built in the 1970s and has attached carports that can be enclosed with garage doors. This requires an architectural review.

On Dec. 31, garage doors were added to a building and they are flash white instead of the required beige. No architectural review was submitted. One of the four units was recently purchased at auction and we’ve had ongoing problems with the new owners during the remodeling. Everything from overfilling dumpsters to replacing the electrical panel without the proper permits. It’s even possible they added the doors without getting full written approval from the other homeowners. This is being investigated.

The missing review for the garage doors can be resolved. It basically requires all four homeowners to agree that they’ll be responsible for the maintenance on the doors and in the enclosed carports.

The problem is the flash white doors. The buildings are beige and all other homeowners have been required to add beige doors. There are no examples of white garage doors.

This is not spelled out in our community rules, but is in our guidelines and is on the Architectural Review Committee form. And we have included information on how to obtain a review and what it’s used for in multiple communications over the last eight years.

Our community manager indicated that, besides requiring the submission of the review with all acknowledgments, we should have them paint the doors. How has something like this been handled in other communities?

A: Generally speaking, most association’s covenants, conditions and restrictions empower the board and architectural committee (if applicable) to develop architectural guidelines. These adopted architectural guidelines are enforceable by the association. Depending on the association’s enforcement/penalty policy, a letter can be sent to the new homeowner that he or she is required to paint the flash white doors to beige. You may also require that they submit an architectural application for the improvement already in place. The association can proceed with its enforcement/penalty policy if the new homeowner does not comply within the specified time period noted in the policy.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.