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KarenC15 (Florida)
Posts: 118
Posted:
Our association recently tore down a 20ft mature hedge, which probably has a value of about $3000. There was no discussion or vote on this. The hedge was next to a townhome that sometimes had bikes or other things left outside next to the hedge and all indications are that the hedge was removed to antagonize that particular property owner. The hedge did serve as a barrier to sound, dirt and sunlight, as the unit it "fenced" was on the end and next to the road. The hedge was hit by cars on several occasions, which was actually a good safety barrier because the cars would have run over the sidewalk otherwise. Does the owner have a right to request that barrier be replaced. There was no meeting and we don't know who authorized this change to the property which resulted in a complete change to the entrance, the affected unit and allowed our landscaper to throw about $3000 in the trash.???

Hatred is contagious, so one should work to avoid it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, the common areas are maintained by the Association.
Decisions of the Association are made by the Board of Directors.
Majority Vote wins.
KarenC15 (Florida)
Posts: 118
Posted:
Thanks Virginia. I guess my question is very specifically whether a board can make a "substantive" change to the property. It was my understanding that members must vote on those kind of changes. Otherwise, a board could come in a change construction, take away amenities, etc. Plus, I was at the last meeting and there was no discussion about landscaping. If the board even voted on this issue, it would have been done via email (another of our problems here).

Hatred is contagious, so one should work to avoid it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
It's Tim, Virginia is the State I'm in.

The answer is YES, a Board can typically make a substantive change to common areas without a membership vote. The can defer maintenance on common areas, they may add amenities or even close amenities. This is because the CC&Rs typically give full authority over the common areas/amenities to the Association.

What do your CC&Rs say concerning common areas?
DaveD3 (Michigan)
Posts: 796
Posted:
1) Was there a recorded vote authorizing this change?
2) What do your documents say about such changes?

You ask a lot about what a board can/can't do. The answer is YES, your board can do it if your documents say it's ok. Read them.

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