Would this be legal as homeowner and a board member?

Our annual meeting is set for April and there are some valid concerns on my end as both a homeowner and a board member. I came on the board last month after the annual budget was approved and I am shocked as to what this current group has voted on and bugeted for despite having plenty of monies in reserves!

*Our building has not been painted in 10+ years, it chipping, faded, looks bad, ( They budgeted 250 dollars for paint for 2008 ) no plans to address an entire paint job until 2009! Futher stated that these asthetics don't over all hurt our propoerty values!

*Awnings on windows that on on the street, ripped with holes tattered..I have an email from the other hoa sayin that these are fine... and can wait a year!

cracked cement under our pools over hang... not going to be looked at until next year.

I took pictures of blistered paint, awnings, cracked cement and emailed them to our HOA and asked how can these be acceptable to you? I got a response from one that said.. I look forward to dealing with this in 2009!

We have had 4 forclosure as well.

I would like to make a flyer with copies of my photos, the above concerns and the exerpts from our hoa emails in regards to things waiting until next year along with the copy of the budget for them to reference and I will be asking for homeowner to help me change this by either running for a position and get the current ones off, or go to meetings and ask quesitons.. making these folks accountable for this.

I am only 1 of 5 and 3 of the 5 share the above sentiments.. they don't want to spend money to upkeep our building.

Noelle,
What you are dealing with has almost become the norm now days. Nobody wants to spend money and when the thought of MORE money comes into thought, that is even worse. All associations are faced with the same problem and that is the ageing of the buildings with upkeep being pushed aside. You are going to need someone with some foresight to see that if some of this maintenance is not done soon, it will all come due at once. Then you can really say Special Assessment and it will be a whopper.

So now what. Get some members involved. Ask to do a study on items that need repair and replacement. How about a Reserve Fund? Do you have one? How about your Documents. I'll bet there is a place in there that requires a certain standard of quality for the structures to be maintained. Point that out to the Board. They probably don't want to tick the members off by spending any money but that is just unacceptable from them. You have to get membership involved in your stand against this neglect.

I've got another post for you in your other topic, but bottom line, if you are a Board member, making fliers and handing them out to bad mouth what's been going on with the Board makes you look bad as well. You have an obligation to the corporation/association first (the homeowners are actually secondary to that entity even though they are a part of it.) So, since you're also new to the Board, maybe there are more reasons as to why they are waiting and not dealing with things more promptly as it sounds like they should. If I were in your shoes and new to the Board like you are - I'd not send an email to discuss but I would send an email saying that you don't understand why they have elected to wait and would like a meeting to further dicuss and to be included on the discussion as to finances and the reasoning behind the past actions so you can fulfill your legal duties and obligations.

Yup, I've been going to too many legal seminars lately, but boy has it been worth it and so informative.