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JohnT13 (Georgia)
Posts: 3
Posted:
Our HOA installed lights based on the approval of the budget...However; some believe that the HOA should have not installed the lights without a vote. Our HOA does not have any real property; however, an easement to the front corners of the entry way where the new lights were installed. What is the best way to resolve this issue?
BrianB (California)
Posts: 2,820
Posted:
without knowing the costs of the lights, impact, etc., my opinion is limited to this:
in most cases, I elect people to handle the small decisions. I do not live in a democracy, where every decision is voted up by the masses. Instead, i elect people to make decisions (like putting in lights) and if i am not happy with their decision, i vote them out next time.

So i would guess that your board felt they were doing what they were supposed to do. Handle small stuff, make decisions, spend money, and get the HOA moving forward.
DonnaS (Tennessee)
Posts: 5,671
Posted:

John,
So the question is--would your members had voted NOT to have lights so that they could find their way into the entry? Sometimes, members are just too nit picky. The Budget had the allowance for the lights and as long as the Board did not spend more that the budgeted amount, it then becomes the Boards responsibility to make some decisions for the operation of the association and I see no reason for membership involvement after the Budget was approved for the lights.
DarylF (Washington)
Posts: 157
Posted:
Intersting issue as i live in a neighborhhod without lights and intentionally bought a home in a neighborhood without lights.

Now there are rumors that people want lights added. Thus, if two of the three people on the board board wants lights the whole neighborhood gets them?

Scary thought!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Daryl,
You intentionally bought a home without neighborhood lighting? How happy does that make your insurance company? Anyhow, the way that the system works is that someone--doesn't matter who, wants lights at the entry. The Board then attempts to find the funds in their Budget to fund the lights. Budgets are given to the owners for review. IF they didn't want lights, then that would have been the time to inform the Board that they do not want lights.It is the BOards duty to give the owners what they want--in reason of course and lights were requested, it was budgeted and approved, and then installed.

Like you said, if 2 of the 3 Board members want something, then it is their rights as the elected caretakers of the association and it's documents, to vote and follow that decision, whatever it might be. but the system has the ability for owners to yea or nay anything. What's so scarey?
BrianB (California)
Posts: 2,820
Posted:
just cause it's fun to sidetrack these threads...

I bought a home without neighborhood lighting, and actually (much to the relief of a neighbor) shut DOWN a light in my yard that the former owner had set dusk to dawn. As for insurance, doesn't seem to matter, never came up when i paid for the policy. i kind of like it dark.

as for the benefits: we can sit outside at night now, and see the stars, even the milky way shines, and enjoy the coyotes howling and owls hooting and bats hunting in the skies.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

Research your gov. docs. Some assn docs state the members must vote on any capital expenditure that exceeds a certain amount. If your assn docs do not say this, then the board has the authority to install these lights w/o a vote of the membership.
KirkW1 (Texas)
Posts: 1,665
Posted:
John,

Here is the way I see it: At the annual meeting the board put in a line item for lights. The members came and voted to approve (or at least accept) the budget. Now the board is moving forward after the members approved a budget including lights.

If you have heartburn over the lights the time to speak was at the meeting. And if the majority wanted the lights, then you lose.

If I saw a line item in the budget for a non-existent item then I would certainly raise a question about it. And I would figure that if the budget stayed as is, then the non-existent item should become an existent item if it can be done within the budget given. And I would think those asking questions later should be told, you had your chance.

Also, if they have the right of way, then they presumably can put up lights. That is part of the point of having the right of way. Many a city street light post sits within someone else's property. I have an easement for power lines. I own the land, but someone has the right to put power lines through that portion. They have a right of way. If I don't like it, tough cookies.
BradP (Kansas)
Posts: 2,640
Posted:
John:

Without knowing the cost and scope of the project it is hard to say....however, if the budget was approved and the lighting project falls within the scope of the budget and you are still under budget then I don't see how a vote was required.

Typically that is why you elect a board, they handle the business of the HOA. Having a vote every time you want to spend money is not a good use of anyone's time.

PatrickH (California)
Posts: 204
Posted:
Hi John,

Installing some lights isn't the type of thing that requires a vote of approval from the membership to do. Most of the time voting for approval involves something like a special assessment, an increase in the dues above a set amount or changing the C,C & Rs.

Adding a couple of lights is just one of the mundane chores that the Board is responsible to decide on. If they were putting in some huge lighting system that would need a special assessment to pay for or a large dues increase to operate, then it should be voted on.

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