Changes in common areas and removal of common area amenity

About 2 weeks ago, a small set of concrete stairs (approx 6 ft x 6 ft) with railing was added to the golf course (common area). This is a new feature where only grass sloping existed prior to the change. The stairs were cut into a slight sloping area next to the public sidewalk & street. There was no discussion or voting for this proposed work to the common area in any of the board meetings for the last year.

Our bylaws state "An individual board member shall not expend or commit the corporation to an expenditure of funds exceeding $700 for any single project without prior approval of the board, except for emergency repair necessary to maintain operation of the corporations facilities."

Our board also did away with a common area horseshoe pit 18-24 months ago. It no longer exists and was done without owner participation - discussion or vote. We learned about it a month after the fact when it was stated in a board meeting that they did away with it. The removal of the amenity still harbors resentment but no one has successfully argued our position. The amenity is gone but the common area remains as grass. It can be reversed back to the amenity. In our governing documents, there is nothing about common area other than maintenance & repair responsibilities; no de-funding clause other than a corporation exit clause which indicates all common area goes to the city. There is no provision for removal of an amenity in our bylaws or ccr’s unless I missed it (I’ve been reading the docs for 4 years now). It is common area and I believe that everyone not just the board has a % of ownership.

Our governing docs to my knowledge do not specifically permit or prohibit projects such as these to be authorized outside of a board meeting. I'll check to see if the stairs project was listed in the 2011 budget.

Even if it was listed in the budget, shouldn't it have been brought up in open meeting before the project was started? Should these type of things have been discussed and approved in an open board meeting?
Even if a project was $700 or less, did this bylaw provision give authority to do the concrete stair work without informing the members? Should the owners have voted to keep or do away with a common area amenity?

Thank you in advance.

Barbara,

..."Our bylaws state "An individual board member shall not expend or commit the corporation to an expenditure of funds exceeding $700 for any single project

Reading your post after that, I see no place where AN INDIVIDUAL Board member had the stairs installed. The Board must have voted on this.

Members do not normally vote on every change in the community but only on capital expenditures.

Don't you like or think that the stairs made life easier on climbing the incline? Was the horseshoe pit being used or was there a cost to it's upkeep? Yes, it would be nice if the Board did bring it up at an open meeting. Do they not hold open meetings? Do you go to the meetings? Being involved in comunity business really keeps the members much more informed and keeps Boards on their toes. Is that how your association works?

Hi Susan & Donna

Thanks for the responses.

I understand it is not mob rule or anarchy and understand that the board was 'elected'.

The stairs were disclosed by the director in charge of the project as completed in today's meeting but no cost was given. It was a long meeting & many diversions regarding security, break-ins and thefts in the owners forum. I failed to ask about it in the owners forum. I have followed up with the director in charge of the project and hope to hear shortly. It is the process and how the board arrived at the decision -outside of the board meeting- that I am having a problem with. It's the inconsistency of decision making and procedures.

There is NO committee that offers recommendations or guidelines to the board for repairs, improvements, new amenities, etc. The board makes all decisions.

Yes, removing an amenity no matter what, ought to be presented to the owners for vote. The cost for upkeep would have been in the budget formula & reserves.

In the last 2 years (24 meetings), I have attended all but 2 - when out of town on business. I go to the annual members meeting, the organizational meeting, special meetings & pro forma budget meetings when they are properly noticed (2 of these meetings were posted with less than 4 days notice, I missed them). I 'won' second place for BOD meeting attendance. The incentive generated last year had no bearing on my attendance. There are approx 10% of owners present at the BOD meetings as a result of the incentive which is a very good thing.

I'm very involved - I was a candidate for the last election where 4 open positions initially had 8 candidates, one dropped out. All 4 positions were filled by those who were previously on the HOA board.
Off the top of my head, I also do:
* area monitor for the ARC committee - 4 years
* volunteer for a HOA service club
* hold office in 2 clubs
* deliver our yearly HOA phone book
* deliver the monthly newsletter
* help w/ set up and clean-up before/after bod meetings & club activities
* on a committee to review club bylaws

I've done what I can - if you have any suggestions I'm open to them. Thanks.