💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

StevenT (Pennsylvania)
Posts: 2
Posted:
How to make board members understand the uniform planned community act section 5303 b which allows budget voting to communities est before Feb 1997 as long as it doesn't, invalidate deed restrictions or by laws?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Steve:

This would be the section you are referencing.

5303. Executive board members and officers

(b) Limitation on authority.--The executive board may not act on behalf of the association to amend the declaration under section 5219 (relating to amendment of declaration), to terminate the planned community under section 5220 (relating to termination of planned community) or to elect members of the executive board or determine the qualifications, powers and duties or terms of office of executive board members under subsection (e), but the executive board may fill vacancies in its membership for the unexpired portion of any term. The executive board shall deliver to all unit owners copies of each budget approved by the executive board and notice of any capital expenditure approved by the executive board promptly after such approval. In addition to other rights conferred by the declaration, bylaws or this subpart, the unit owners, by majority or any larger vote specified in the declaration, may reject any budget or capital expenditure approved by the executive board within 30 days after approval.

Per your question it does not necessarily allow for the members to vote for the budget. This states that the board must deliver copies of the budget they have approved to all unit owners. The unit owners then if they choose can hold a meeting within 30 days after the executive board has approved and may reject the budget, if they have the meeting and proper vote to reject.

Simply put is members do not approve, but they have right to reject what board approved.

StevenT (Pennsylvania)
Posts: 2
Posted:
Hi Janet
Thanks for the info.
Steve
JanetB2 (Colorado)
Posts: 4,219
Posted:
You are most welcome.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here