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RichardP13 (California)
Posts: 1,767
Posted:
Our Association budgets $18,000 per year for legal fees. If the Association wants to place security cameras at the gate which cost more than 5% of the annual budget it must be approved by 51% of the Members. Is there any restriction to what an Association can spend on legal fees without a vote of the Members? 20% of our budget last year was spent on legal fees.
GlenL (Ohio)
Posts: 5,491
Posted:
Sorry, no. Unless there is a limit in the CC&R's which I don't remember but it has been a while since I read yours or in State law somewhere.

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

I don't recall seeing anything about legal fees in the D-S Act and I would be surprised if it were mentioned in your gov docs. The requirement for the members to vote if a capital improvement would cost most than 5% of the annual budget is quite different than requiring a vote to seek legal advice even if the legal expenses for the year would amount to more than 5% of the annual budget.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
20% of our budget last year was spent on legal fees.


Ouch. It may be time for new officers or board. You could save money by trying to mitigate your problems before getting the lawyers involved.
RichardP13 (California)
Posts: 1,767
Posted:
I looked through the D-S Act and couldn't find anything on limiting legal over a % of the operating budget. For an Association with 317 homes they spent $100K on legal. There is a HOA a couple of miles from us with 630 homes and their legal fees were $79 for fiscal year 2008. I know that spending that kind of money was not in the best interest of the Association.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Richard,

Do you know what type of legal fees the money was spent on? I think a judge would look at that b/4 just declaring this was not in the best interests of the assn, meaning a violation of their fiduciary duty.
RichardP13 (California)
Posts: 1,767
Posted:
The legal fees spent have been a secret to the Association. Myself and others have inquired and come to a dead end with the Board and PM.

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