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Forums > Homeowner Association > HOA Discussions
Subject: HOA Members Voting
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Author Messages
MikeG
(Florida)

Posts:1
01/02/2006 8:50 AM  
In the past, I have seen good articles regarding the issue of members voting on major decision that need to be made (eg., how many times per year to trim trees)rather than the Board making these decisions. All made the case that putting Board decsions to member vote is NOT a good process. I agree, but now that I am on a HOA Board, and I need to get a copy of one or more of these articles. Does anyone know where I can find this information?
KathleenF
(Illinois)

Posts:19
01/15/2006 5:11 PM  
Under state laws and every set of Bylaws I've ever seen, the Board and not the shareholders have the legal authority AND DUTY to make almost all decisions. Shareholders have binding votes, often, on only some or all of these things: election of board, removal of directors, amendment of bylaws, approval of annual budget, approval of certain types of loans or special assessments.

SO--any shareholder vote on any other matter is purely an "Advisory Vote," not a binding one. The only legal way to transfer binding vote power from the board to shareholders on any issue is by amendment of your governing documents--IF that would not contradict state law.

I personally favor open discussion and advisory votes on any large . non-emergency landscaping or decorating decisions. The annual meeting to approve or review the budget would be a good time for this.
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Forums > Homeowner Association > HOA Discussions > HOA Members Voting


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