BOD reckless disregard of covenants

John,

I'm confused. It cost 6K to pump water from the lake or it cost 6K to install an irrigation system?

Ahh. That thread:

Subject: Embellishment of community

Since it was never asked in the initial thread, I'll ask it here:

John,

Would you provide the exact language of the section of covenants about the pond?

John,

Based on what you cited, I agree that the Board was in violation. However, I have a few clarifying questions:

Is that section you cited by itself or grouped with other restrictions?
Is that section you cited grouped within restrictions for members only?
Does the Declaration give authority elsewhere to the Board for using it for that purpose?

Lets take what you cited at face value and conclude that the Board did in fact make a bad decision and violated the covenants. Now what? Expecting that what you desire is to make the current board comply with the Declaration, I see the following options:

Well, you could take the Association to court to force them not to use the installed pump for irrigation purposes. However, you have indicated that it appears the Board has seen the error of their ways and have stopped using the pump for that purpose.

Per your posts, most of the money was spent on the irrigation system and not the actual pump that was placed in the lake. If the Board spends more money to turn that pump into an aeration pump (fountain type pump) and spends more money to supply water to the rest of the irrigation from another source, it appears that they would then be in compliance with that section of the Declaration.

Perhaps additional money can be spent to completely remove both irrigation systems (this one and the one installed by the developer). This action would also bring the Association into compliance with the Declaration and perhaps keep future Board from making the same mistake.

If you want the money back that was spent, I seriously doubt that this will happen. The money was spent on an improvement (an irrigation system) for the Association. Therefore it wasn't misappropriated. The Board made a bad decision to use the lake as a water source for the irrigation. However, most States have laws protecting volunteer board members from bad business decisions. Had they reviewed the governing documents, perhaps they would have found a different water source - again a bad decision.

If you want to punish the Board, start a campaign to recall them or to just not re-elect them.

If you want the membership to incur additional expenses, take them to court. This will cost you some time, money, stress and energy for the challenge. It will certainly cost the Board members some time, stress and energy. The money to defend the case would be paid by the Association and born by the membership.
You may even prevail and a judge may rule the Board should have known better. Personally, I think the time, energy, money and stress could be put to better use.

Hope this helps,

Tim

Tim

You are 100% correct in your assessment. We've had a severe drought the last few years, or else members wouldn't have noticed the lower water level and objected.

Thanks, JohnH38