Question: We will have two new board members elected in two months. One of the current directors wants to add an agenda item for the first board meeting after elections. Since there will a new board at that time, is this permitted? Several of the current board members don't want the proposed item on the agenda.

Answer: All HOA members (not just directors) are entitled to request an agenda item for a board meeting. The fact that some of the directors don't like the proposed agenda item is immaterial. All members are entitled to be heard and such requests should be honored. The agenda item, once it comes up, should include a motion to do something or other. If there is no motion made or the motion dies for lack of a second nothing more needs to be discussed.

Question: One of our directors is stepping off the board and we need a replacement. Is it customary for the runner-up in the most recent election to be appointed?

Answer: It certainly makes sense to consider runner-ups since they obviously have an interest in serving. But the board is under no obligation to do so and there may be a better candidate willing to serve. These situations can get political so the board needs to focus on what's truly best for the HOA.

Question: Recently, our HOA added additional lighting in our parking lot. There is not a common electrical meter so the wiring was connected to the closest unit available. The electrician needed to get inside the unit to hook up the wiring. The board president was supervising the job and did not have a key to the unit, so broke in. The unit owner later discovered the damage and was understandably upset.

Answer: The board president used extremely poor judgment and what he did constitutes breaking and entering. The HOA has no right to enter a unit except for emergencies like fire or flood. All non-emergency circumstances require the owner's permission in advance. If that owner delays a project for weeks for personal reasons, that's the way it is. Private property rights must be respected.

This owner has every reason to be upset at what happened. The president should apologize profusely for what he did. In the long term, I question having a person with such poor judgment in a position of HOA authority.

And I also question tapping a unit's power source for an HOA purpose. Most HOAs have a common meter. If yours lacks one, the HOA should pay to have a common meter installed, especially for the purpose you describe.

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Published: April 30, 2008

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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 .