FUnky Color Scheme... BOARD APPROVED!

Mich

De gustibus non est disputandum.

I do not think such has to be agreed to by a majority. Where does one draw the line?

This unfortunately was voted on during an open session meeting, however, it was NOT listed as an agenda item.

However our agenda is generic. ie
Old Business
New Businees
( nothing about pick awning colors )

Its so bad looking I am tempted to post a picture!! OMG.

Big questions. If enough complaints come through can anything be done?
Is it me or is this just a bizarre color scheme?

The agenda should list Old Business and the specific subjects that come under old business. The same goes for new business.

Should any of these require that the board go into executive session, this should also be noted and the reason such as a civil code should be listed.

For an example of how this works, you can check with your city boards (such as school boards or city council). The Davis-Stirling Act was based on the Brown Act. The Brown Act is for public organizations. The school board whose minutes I read was one troubled by lawsuits (sexual harassment lawsuits, etc.) and thus was a good example of how executive session topics should be handled. The name of the persons involved were not mentioned, but the civil codes were.

Back to the topic at hand. There is something called a material alteration in appearance which covers any repair or replacement that constitutes a substantial change in appearance. This should require a membership vote. Now just what is substantial is open to debate. One of the examples given regards the change of the color of roofing shingles. In your case, it is the color of the awnings.

The greater problem, however, is the meeting minutes because it would seem that your board is doing the bare minimum to give the appearance of compliance. If the board truly wanted to keep the community informed, they would have listed each topic.

Your CC&R should also cover agendas and how they should be given. Some CC&R have stiffer requirements for meeting notifications than the state. The CC&R may require a 10-day notification and personal delivery whereas the Davis-Stirling has only a 4-day requirement for open board meetings and posting of the agenda in a common area (and mailing to those that make a request). It is also likely that your CC&R mention something about common area changes (capital gains or material alteration of appearance). If you have a friend, maybe you can peruse the bylaws and CC&R to find these since going through them can be a brain-numbing experience and I was only in a very small HOA.

Are you sure this wasn't a mistake? That could have happened. Who did the ordering is my question. They may have thought they were saving some money without realizing the mistake. Your color blue may have been a customized color while the tan was off the shelf. It may have been more expensive for the customized color.

The awning replacement was probably discussed and approved. It was just when the person ordered it they made the mistake. The colore probably wasn't specified after the approval as they just wanted to replace awnings. Sometimes people can skip the actual "Details" when ordering. Like Henry Ford used to say: "You can order any color you like but they all come in black".

LarryB13 & JM10 are correct about agendas. In CA, each discreet, separate agenda item for open meetings MUST be listed & posted four days before open meetings. This way, Owners know whether or not there's anything that interests them on the agenda. They certainly would be interested in awning colors!! And I really, really doubt that the Board would direct mgmt. to decide on such an important topic. It's NOT like picking a rest room paint color.

Your Board, Michelle, sounds too secretive. They should at least have publicized that they were going to make this decision and perhaps mounted three samples of awning potential choices in the clubhouse. They could have asked for Owners' opinions in the form of a non-binding advisory vote. While not required, it at least gives them a sense of what the preferences are. That is what we on our Board would have done. We also have a Building Committee and the Board could assign them the task of bringing same colors to a Board meeting with the Comm.'s rec.

But I don't think you have any recourse now that the deed has been done. All you can do is pressure your Board to comply with CA's Open Meeting Act (aka, Davis-Stirling Act) in the future. See davis-stirling.com for Owner's right in CA HOAs. You also should become more involved.

Btw, if your have a Prop. Mgr. it's very possible that there's something in it that says the PM must comply with your governing docs and with CA laws. It's your right to review this contract.

Im sure that John46's shoes are stunning. But the combo doesn't sound right for a Cape Cod style. I'm afraid you're stuck with it though.

No mistake. Our homeowners received email stating "Color looks different than original satchel or rather doesn't look like we planned" the board is getting heat for the awnings. Yesterday some homeowner was outside taking photos. Itsdue to be on our agenda seeking homeowner approval to keep or remove and replace with a more appropriate Colorado choice.

Iwas informed by neighbor the "ladies" on the board voted thud color in and majority win! They were saying our cape cod building which is newly painted blue and white is too much blue.. and need something to break it up... word not everyone has an eye for color!

Do make sure, Michelle, that the agenda item on the posted notice is specific. This is the perfect opportunity for owners to "discipline" the board. A lot of you attend the meeting, make a lot of comments during open forum (required in CA), and demand that complete agendas be posted and that draft or approved minutes be available 30 days after the relevant open meeting. This also is required in CA.

A neighbor shouldn't have to inform you that the "ladies" voted on the color. You should have been or be able to get the minutes if it's been 30 days since the decision was made.

y'all are worried about:

hungry children? nope

people dying in wars? nope

lack of mental health care leading to mass shootings? nope

national bankruptsy? nope

cancer? diabetes? heart disease? nope

the color of the awning? yep, this is your priority

get lives

JohnB26. Michelle asked for advice on this forum which is concerned with HOAs. You have no clue whether or not Michelle works towards solutions for the problems that you list--they are NOT germane to this forum. Try to control your snarkiness, JohnB46

Seems like there is a lot of misinformation in this thread.

While I'm not well-versed in CA law, these decisions are board decisions, and although members should be allowed to comment on the matter at hand, the members vote bears no weight on the issue. The members elected these board members to represent them, and the board has chosen to represent them by installing new awnings.

Minutes are not minutes, until they have been approved. Minutes are approved at the next meeting, only then are the minutes available (i.e. June minutes are approved at July's meeting, and then can be requested, in writing, and in MD the HOA has 21 days after receipt of this request to send the minutes to the requester.)

The meeting agenda is almost always outlined in your governing documents. The "old business" & "new business" line items are almost always there in every HOA doc I've reviewed. Unless CA has a HOA law regarding agenda items, or the governing docs specifically state that each item under old/new business needs to be detailed, then it doesnt.

I agree that it should haven been listed on the agenda under one of these two topics, but it sounds like the board has done the bare-minimum to satisfy their legal requirements, and has not done anything wrong.

Now to the issue at hand, it seems that the members do not like the board's decision. There are 3 ways to address this, 1) ask the board to change it, 2) Have the members of the association call a special meeting to discuss this issue (this is not a board meeting, it is a member meeting, and as such has specific requirements outlined in your docs), 3) Elect a new board at the next annual meeting and ask them to change it. Unfortunately, the members will have to bear the cost regardless of the avenue chosen.... or you could leave it alone.

JH3, yes states are different and in Cali, members have the legal right to review the minutes of draft minutes 30 days after the relevant meeting. In our HOA, at least, our PM would give them a copy upon request and would not charge them the "legal" amount per page.

"Vague" agendas are not permitted by our state's Open Meeting Act. In this case, the agenda item should have simply said: "Clubhouse Awnings," so that Owners can decide if they want to attend the Open Meeting to comment on--during the required Open Forum, or to hear the the Board deliberate on and decide this matter.

By the way, JH3, I appreciate your thoughtful replies. Thank you!