Get 6 months of free community web site hosting from Community123.com!
Tuesday, February 07, 2012
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Forums > Homeowner Association > HOA Discussions
Subject: Importance of Board Acting as One
Prev Next
You are not authorized to post a reply.
Author Messages
SteveN2
(Alabama)

Posts:2
09/03/2010 2:10 PM  
My board has a standing unanimous motion stating that the purchase of our foreclosed Swim/Tennis/Fitness club is in the best interests of the POA. Yet, we have several members, who by their actions and inactions clearly don't support the motion. We even surveyed the membership to get a feel for their preferences and it turned out that the board members in question actually replied to the survey by stating they were AGAINST the purchase.

How serious is this and how should a board handle this situation?
DonN
(Michigan)

Posts:357
09/06/2010 2:44 PM  
The motion referred to must have been approved at a board meeting. Either the vote was unanimous or it was not. The voting tally must be recorded in the meeting minutes. Voting by board member is good practice and avoids misrepresentation of votes.
Don Nordeen
Governance of Property Owners Associations
GlenL
(Ohio)

Posts:3526
09/06/2010 3:56 PM  
Steve you need to read the CC&R's carefully. In ours for instance any capital improvement over $2,000.00 must be approved by 51% of the homeowners plus the purchase of real property requires a 75% approval. You say they have a motion that it is in the best interest to purchase it; are they trying to buy it or gather support to buy it?
Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns
MaryA1


Posts:0
09/07/2010 7:54 AM  
Steve,

First of all, I'm not quite sure what you mean by saying the board has a standing unanimous motion. I've never heard of a standing motion. A motion is meaningless if the board does not vote to approve it. So are you really saying that the board has voted to purchase the foreclosed Swim/Tennis/Fitness club? If so, have you checked your CCRs to see what the requirements are for adding new land to the assn? My CCRs only give this authority to the declarant or the declarant may extend this right to others. But if your CCRs give this authority to the BOD it may also require a vote of the members. In the off chance that the BOD could do this w/o a member vote, then IMO you have 2 options:

1) the BOD alone could decide what is in the best interests of the assn, or
2) prepare a survey for the members to decide whether or not they want this amenity.

Frankly, I would prefer option #2. Why purchase an amenity, that would result in an increase in assessments and an increase in maint costs, that the majority of the members do no want and will not use? IMO, that is certainly NOT in the best interests of the assn.
You are not authorized to post a reply.
Forums > Homeowner Association > HOA Discussions > Importance of Board Acting as One


General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement