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Posted By DianaE on 04/04/2012 11:55 AM
Our BOD of 3 has decided to make all the decisions regarding contracts for our HOA of 34 members. This does not seem right to me, but now there is no voting on contracts at annual meetings. It seems the by-laws say the BOD can do anything they want. Is this the way it normally is done in HOAs? Since most of the members dont show up, it is always the same BOD anyway. Just wondering if this is the way it should be........
The powers/authority of the Board should be contained within your governing documents (CC&Rs, Articles of Incorporation, Bylaws) and any applicable laws (COA/HOA and corporate).
Typically, when an Association is established, they are provided with broad powers. State Corporation laws, applicable if the Association is incorporated (most are), designate that those powers be applied by the Board. These powers typically allow for awarding contracts, buying and selling property, borrowing money, etc. (basically anything you can do an incorporated Association has the power to do).
This is why it's important to become active within your Association (serving on the board, committees, volunteering for xyz tasks or just attend meetings) so you are as much part of the process as possible and able to influence the decisions made. If you are elected or appointed to the board, then you will be part of the vote in those decisions.
Realistically, with notice requirements and the cost of printing and postage, to have the entire membership vote on what company should remove a dead tree becomes costly and delays the work being accomplished. For us, this could delay awarding a contract by 30-45 days. This is why I believe that most of the day to day stuff should be at the board level and not the general membership level.
Usually, if things are properly maintained and assessments are kept low, membership apathy can set in and those who are on the board will be voted back in for as long as they are willing to serve. I'm not saying that this is right, I'm just saying that this is typically the reality of most Associations. I would suggest that you attend as many board meetings as you are able and at the next election, toss your hat into the ring. If you are elected to the board, you could then propose changes to require some votes at the membership level.
Hope this helps,
Tim