I think we need a members vote to do this.

Hi Bonnie:

What do your governing documents say regarding the lights?

No, I don't. I see this as simply a change for an already existing system.

Why do YOU think it needs a 2/3 vote?

Since your garage will not be: "divided, added to or deleted from [your] condominium property," you do not need owners' approval. The law you cite doesn't fit your proposed lighting project.

You need to look at your own documents to make sure that the board is permitted to spend what the project will cost. In addition, is the cost in your annual budget, or would the funds come out of reserves?

I hope your Board is getting at least three bids. It's an underground garage, yes?

The garage is not underground. It is on ground level. We will be deleting our old lighting system and adding a new lighting system.

The lighting potentially is an item already covered as needed to maintain or improve as needed and also potentially needs updated to meet current code requirements, and … you are not changing a use of the garage area (correct?).

Therefore, unless as Carol noted it is above the allowed spending you still have not convinced me as to why may need membership approval.

This was not in our budget for the year.

> We will be deleting our old lighting system and adding a new lighting system.

You're making this hard on yourself. Somewhere else in your documents you have an obligation to maintain the common areas. Maintenance often involves removal of one thing and replacement with another.

So if you want to fix the lights call it maintenance. Do it in a reasonable way, and get multiple bids.

Sometimes half the job is knowing what to call things.

Bonnie, the main questions for the board: How are we going to pay for this, there's no money in the 2012 budget for replacing the garage lighting?

Possible answers:

1. We've been setting aside funds each year in our reserves account, so the lighting changes will be paid for out of reserves.

2. Owners will need to pay a special assessment. But it's small enough that, according to our documents & state law, we do not need a vote by Owners.

3. We will increase the monthly dues for $x a month for x number of months to pay for the change. This also is determined by what your documents say about the maximum % of dues increases that are permitted in a fiscal year after the annual dues have been established, and what your state laws say is permissible.

4. We will put off this change until 2013 when the estimated cost will be built into our budget.

I'd urge your board to have the correct answers for the above or other questions before your board approves the project, and once again, get three bids.

I am currently on the Board. We did get ballast that could not be retrofitted to our lights. The government has changed some requirement. Personally I have no issue with the lights being replaced except for the cost. We have one bid that is over #10,000.00. We will be getting two more bids. This was not figured into our budget this year.

Fortunately we have a new Board member who is very knowledgable regarding budgets and other matters. We will be having another meeting (We had one tonight) to review the budget. We are raising the fees by 7% effective June 1 of this yr.

From post on this site, it appears that we don't need a member vote. However I will review our documents.

Hi Bonnie:

It appears that you are meeting “government” regulations in your maintenance/improvements which potentially should not require members, unless your documents dictate it surpasses Board authority regarding costs and requiring membership to approve the expenditure. Unfortunately when unexpected issues arise a board may have to consider a “special assessment”, while not fun it is at times necessary. Be sure to add the lighting to future reserve budget.