Posted By GlenL on 01/28/2007 4:15 AM
William most of the time your advice is right on but you're way off on this one. While I applaud and pray for the brave men and women deployed overseas and recognize the hardship this creates on their families; this is an improper use of the HOA's funds and in my opinion a breach of the BOD's fiduciary responsibility. The HOA is a business first and foremost and as such its primary responsibility is to all the stockholders (members), it is not a charity.
Glen, what I've offered regarding the Iraq soldiers is only my opinion, and an example of how I would proceed with our board and community. I hope it's not construed that I'm advising others to do the same. Each board and board member must make their own decisions in these cases, whether it is for a community member who has a spouse soldier in Iraq, or a widow who is having a difficult time financially.
You mentioned charity, and I'm a believer in suporting charities, and I'm also a believer in helping those who are closest to us who are in need.
Businesses do support charities, and some businesses do help their employees financially, (above and beyond their normal paychecks) when they are in need.
Our HOA Bylaws do not permit charitable contributions, but, helping out community members in need doesn't fall into that charity category.
Our CC&R's have this statement:
"...The assessments levied by the Association shall be used exclusively for the upkeep, maintenance and improvements of the Common Area..." "...and for promoting the recreation, health, safety and welfare of the Owners and residents of Lots within the Property..."
"Welfare" is not defined in our documents, so I look to the dictionary. In the Merriam-Webster dictionary it is defined as:
2 a : aid in the form of money or necessities for those in need
Definition 2a, is a definition that I feel can be legally applied to the covenant statement. However, it is limited to the Owners and residents of the community lots.
Now if the CC&R's provide that the assessment funds may be used for the "welfare" of the Owners and residents of Lots within the community, then I interpret that as the Board being able to grant some type of relief to the Iraqi soldier family who may be in need, and to a widow who may need some assistance to keep from losing her home.
In my post I didn't say that the Board would arbitrarily determine to help a family. I said that I would move to appoint a committee to determine their needs, and recommend what could be done for them. Then I would send a letter of notice to the community stating the recommendation, and that this matter would be coming up to a vote, and request their attendance and input.
At the meeting the community would have their input and the board would vote on the issue. The result would be a decision that is made (whatever that decision turns out to be) by an informed Board after input from the Community.
The letter would have also asked the community to see what they could do for the family(s).
The end result could be that the community would want to take on the project of offering moral, physical, and/or financial support on their own, and request the Board to not use the assessments, and the Board may vote that way.
No matter how that or other similar issues may turn out, I see it as a legal option in our CC&R's, and an excellent way to bring a community together for the good cause of helping a community member in need.
The thought of foreclosing on a good community members home because they are currently having financial problems just does not set right with me.
And while the Board has the duty to collect assessments, it also has the duty to use the assessment funds in all of the ways described in the covenant such as the one in our documents.