OurHOA
Board & governance

How should our HOA board handle a request to put a little free library on common area?

By OurHOA · General information · Revised

How an HOA board approves a little free library or book box on common area: who owns it, where it goes, a steward agreement, book complaints and removal.

Part of the HOA board handbook: residents and communication.

The short answer

Say yes, put it in writing, and decide up front what happens when the person who asked for it moves away. A book box costs the association almost nothing, and residents like it. The trouble comes later: a box that leaks and fills with moldy paperbacks, a neighbor upset about one title, or a steward who sold the house two years ago and nobody noticed. Most declarations give the board power to regulate common area, and that power is enough to approve a small fixture under conditions. Colorado says so directly. CCIOA section 38-33.3-302(1)(f) lets the association regulate the use, maintenance and modification of common elements, and section 38-33.3-302(1)(i) lets it grant licenses over them. In Texas and Florida the authority usually sits in the declaration and bylaws, so read those before the vote. Rules vary by state and by each community's governing documents, and this guide is general education, not legal advice.

Decide who owns the box

There are two workable setups, and the board should pick one on purpose. In the first, the association owns the box. It goes on the asset list, the landscape or handyman vendor repaints it, and the board answers for everything inside it. In the second, a resident steward owns the box and keeps it on association land under a revocable license. The steward buys or builds it, stocks it and maintains it, and the association keeps the right to have it removed. For a community of 26 to 150 homes, the second setup is usually better. It keeps the board out of the book business and puts the upkeep on the person who wanted the project. The cost is small either way. Little Free Library, the nonprofit that runs the best known registry, puts materials for a homemade box at about $5 to $150, charges a one-time $49.95 to register a self-built library and send a charter sign, and sells ready-made libraries starting at $189 with registration included. Registration is optional. If the steward wants the box on the nonprofit's map, that is the steward's call and the steward's expense.

Walk the site before you approve a spot

Pick the location with the steward on a short walk, not from a plat on a screen. First confirm the ground belongs to the association. The strip between the sidewalk and the street at many entrances is city right-of-way, and Little Free Library's own advice is to avoid needing a city's permission at all because approvals vary by city and can be slow. Put the box on a lot the association owns outright. Then check four things. It should not block the sidewalk, a bike path or the place where snow gets pushed. It should sit back far enough that a driver pulling out of the entrance can still see oncoming traffic. It should be near a streetlight or porch light so people can use it after work. And it should stay clear of irrigation heads, which will soak the box twice a week all summer. A spot near the pool gate, the clubhouse walk or a trail head works well because people already pass it. Write the exact spot into the approval with a photo, so a box approved by the clubhouse does not drift to the front entrance a year later.

Mark utilities before the post goes in

A library on a post means a hole in association ground, and the association should place the locate request itself. In Texas, Utilities Code section 251.151 requires notice to a notification center at least 48 hours before an excavation, excluding weekends and holidays, and section 251.002(5) applies that duty to powered or mechanized tools that disturb soil 16 inches or deeper. A gas-powered post-hole auger fits that description. In Florida, section 556.105 requires notice through the one-call system at least 2 full business days before excavating. Calling 811 is free in every state, so do it for a hand-dug hole too, and have the steward wait until the marks are down. Our guide on letting owners adopt a section of common area goes through the Colorado and Florida exemptions in more detail.

Write a one-page steward license

Keep the agreement short enough to sign at the next meeting. It should name the steward and a backup steward, attach the photo of the approved spot, and say the box sits on association land under a license the board can end. Then spell out the upkeep. The steward checks the box at least once a week, pulls wet, moldy or damaged books, and keeps the door closing and the roof sealed. Little Free Library suggests repainting a wood box every 1 to 2 years, and hosing it down from the outside to find leaks, then sealing them with silicone caulk. Add three use rules: nothing for sale, no business flyers or political signs on or in the box, and notices only for reading programs or the library itself. Finish with how it ends. The license ends when the steward sells the home, unless the backup steward takes over in writing. The board may end it on 30 days' written notice. When it ends, the steward removes the box and post and fills the hole within 30 days, or signs the box over to the association. If you already have an adopt-a-spot form, reuse its release language instead of drafting a new one.

When someone complains about a book

Sooner or later an owner will email the board about a title they found in the box. Decide now that the board does not review or approve titles. Once directors start pulling books, every complaint becomes a board decision, and every decision upsets somebody. Little Free Library's guidance supports that stance. It says anyone who uses a library can help keep the collection suitable, that censorship is not the answer, and that a balanced collection is, for example by keeping fewer copies of any one title. Give complaints a fixed path. The board forwards the email to the steward, the steward decides, and the board steps in only when an item breaks one of the written use rules or the law. A reply the secretary can copy: 'Thank you for letting us know. The book box is run by a volunteer steward under a license with the association, and the board does not choose or remove titles. We have passed your note to the steward. Anyone who uses the box is welcome to take a book out of it.' Log the complaint and the reply. If the same issue comes up every month, put the box on a meeting agenda rather than settling it by email.

When an owner wants one in their own yard

A library on a private lot is an architectural request, not a common area license. Handle it through the architectural review process like a mailbox or a bench, with written standards on setback, height, size and color. Texas Property Code section 202.004(a) presumes an association's discretionary decisions on restrictive covenants are reasonable unless a court finds them arbitrary, capricious or discriminatory. That presumption helps only if the board applies the same standard to every request. A guideline you can adopt: 'A book-sharing box on a lot may be no larger than 24 by 24 by 30 inches, mounted no higher than 60 inches at the top, set back at least 3 feet from the sidewalk, and painted to match the house body or trim. The owner maintains it.' Adjust the numbers to your community and adopt it through your normal rule process. Our guide on setting up an architectural review committee covers how to run those approvals.

A sample motion and owner notice

Motion: 'I move that the board approve a book-sharing box on Lot C, east of the pool gate, at the location shown in the attached photo, under the attached steward license with Dana Ortiz as steward and Lee Park as backup, subject to an 811 locate before installation.' Owner notice for the newsletter or website: 'A free book box is going up by the pool gate this month. Take a book, leave a book, no sign-up needed. The box is run by volunteers, not the board. Questions or a broken door go to the steward at the email posted on the box.' The names and lot here are examples. Use your own, and keep a copy of the signed license and the photo in the association's records.

Mistakes boards make

The most common is a yes in a group text with nothing written down. Two years later the box is rotting, the steward has moved, and nobody knows whether it belongs to the association. Next is placing the box in city right-of-way because it is the most visible corner, then getting a letter from the city. Others: letting directors pull books they dislike, which turns a volunteer project into a board fight; letting the box become a community bulletin board with yard sale flyers and campaign cards; and digging the post hole on a Saturday without a locate. A box that holds food or toiletries instead of books is a different request with different upkeep, so decide it separately rather than stretching the book box license to cover it.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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