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SteveN2 (Alabama)
Posts: 2
Posted:
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
Posted:
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.

GlenL (Ohio)
Posts: 5,491
Posted:
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?

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
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.

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