QUESTION: Can a board add Wi-Fi to the clubhouse and charge homeowners for the monthly fees without a vote of the owners?
ANSWER: Depending on the cost, yes. Wi-Fi stands for "Wireless Fidelity." It is a user-friendly term for "IEEE 802.11b direct sequence," the specifications for establishing wireless local area networks. People have become so dependent on the internet that coffee shops offer it for free to lure people into their stores. So, it's no surprise that associations now install Wi-Fi in their clubhouses. Unless the governing documents state otherwise, boards can provide Wi-Fi service if funding does not exceed a 5% special assessment or increase dues by more than 20 percent. If members believe Wi-Fi to be a waste of money, they should make their feelings known to the board. They can also run for the board on a platform of pulling the plug on Wi-Fi.
Precautions. If the association installs an "open" or unsecured Wi-Fi system, there are risks. First, anyone can piggyback onto the wireless signal to commit crimes. A hacker can access other users' passwords, bank accounts, emails, etc. Or they can use it to download child porn (which will bring federal agents knocking).
If an association intends to set up Wi-Fi in the clubhouse, it should be careful to set up a secure network with appropriate firewalls and use restrictions. For more information, read security tips from the U.S. government's "Computer Emergency Readiness Team" on wireless technology. The association should also add a disclaimer and a "terms of use" page to the sign-in process where users agree to hold the association harmless.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.