Noob w/ question

Anne, skylights are not vertical windows. They can be suseptable to leakage. Therefore, I believe your Board is being very reasonable.

I am confused. Your the president correct? So what prevents you from changing the policy? My HOA was similar before I took over. We basically went with the "status quo" and the contractor who was either the president or friends with him. (The previous president was an unlicensed "Do-It-Yourselfer" who ripped off residents and elderly).
I went to the board and had a vote with my board members. I explained to them that for every job over $100 (whatever is considered "large" project) has to have 3 bids. It didn't matter if I was the one getting the bids or other people did it. The process was that 3 bids had to be submitted and reviewed by the board.
Now, we didn't stop using the "contractor", he had to submit bids too. We also didn't go with the cheapest bids either. We went with the bids that made the most sense and offered the best options.
Being "forced" to hire this contractor doesn't make sense. The only contractors you have in your HOA are the ones that the HOA has a contract with. It may be this contractor offers a discount for using them. Some contractors do setup an unofficial agreement if you use them exclusively, you get 10% off but it doesn't mean you can't change how you do business.
I would submit the idea of the 3 bids policy and work from there.

Yes, I'm the president but it is my personal ethics that I recuse myself from the vote since I have a financial interest here. This will probably cost me at least $2000 more not to be allowed to go with bids. There are 4 other members.

Member (#1), who said I could only use the HOA contractor, is of the mindset that all of us are idiots and don't know how to run an Association (which may be true ;-). #1 will not budge - this is the same person who wants to inspect all the homes electrical to make sure they're code and believes the Association can control landscaping on our private lots, including preventing us from cutting down trees - that we bought when we bought our homes and lots. Member #2, who once called me a liar in one of the Board meetings, has sided with #1. #2 generally doesn't approve anything that involves spending money b/c #2 is too cheap and only approves things their family can afford to do as well. Member #3 hates member #2 and only got on the board to mess with said #2. #3 was denied approval to install a tankless water heater last year by the vote of #2. #2 also voted against allowing #3 to buy in our complex b/c #3 had 2 dogs (the rest of the Board interviewed #3 at length about dog policies, etc. and approved the purchase over #2's objections). #4 also wants to install skylights and is new to the Board this year. So, as I see it, the vote will either be tied or 2 to1.

Basically, we are the most dysfunctional bunch of morons to ever try to run a Board. I'm trying very hard to be reasonable and put the interests of all owners first, including reasonable financial restrictions. My concern is that this sets a very dangerous precedent. Member #1 wants to force us all to use the same electrical contractor thinking that there is only one electrician in CA whose work will not result in a fire that will burn down the entire complex. #1 is also of the belief that there is only one roofer in CA who is qualified to put in skylights. Member #1 is slightly nuts.

At this point, because there is nothing in our CC&Rs that covers this, nor can I find it in Davis-Stirling, I'm hoping to find some legal precedent to scare them. They will shy away if I can prove that this restriction will not hold up in court.

sorry - rant over. I'm quite frustrated. I am a good person. I'm not trying to pull anything. I'm on a limited budget. I have serious heat problems in my house that cannot be controlled by A/C (a/c at full blast 24 hrs a day will only bring indoor temp down to about 80 - due to previous restriction in size of unit I was allowed to install). All I want is a skylight I can open b/c I've been advised by experts that this will reduce my energy consumption in the summer by a significant amount and I don't want to be forced to spend $5000 to do it.

AnneN - Your home will sell because you will probably sign a Seller's Disclosure statement to the buyer and will show no signs of leakage. The board is worried about damage to the common elements, vinyl siding, roof shingles etc. However is the skylight considered a traditional window? My HOA was responsible for skylights. If it's determined the that skylights are considered "windows", the board isn't paying the bill. The board should have a list of approved vendors and encourage the owner to use them. Your issue is a little more complex. You are trying to install a skylight that opens, hence it's more of a window. You should first get approval for the design.

I didn't say that the President should "unilaterally" change the policy. I said the President with the board can vote to initiate a policy to collect 3 bids. The president CAN suggest and put the idea on the "table" for a vote. Nothing wrong with that.
Don't be afraid to be president or hated. Your NOT going to please everyone and they aren't going to please you either. If your HOA is as disorganize as you say it is, what's stopping you from organizing it? Right or wrong it's time to strap up the bootstraps and do something. Worst case, you get voted out. Big deal, you probably will want to quit by that time anyways!
I have a post called "Basic HOA Information" you may want to review. It will give you some guidance on how your HOA should run. It is NOT for every HOA, but it should put you in the right direction.
I've been in your shoes and it isn't easy. Your going to get people in your face, think you should know everything, threaten to sue, and expect you to be a leader. My best suggestion is to LEAD and do it the best you can. Don't be afraid to make a decision. Remember the HOA budget is EVERYONE's money, you were just elected to make sure you spend it on what the majority wants. Don't answer questions immediately. Wait to answer until you review the documentation or invite the person to the meeting. Know what the HOA is responsible for and what the owners are responsible for. And NEVER bring a handgun to a meeting...
IMO you should be able to bid out the contractor job. It's time the status quo went out the window.

Get your three bids including the HOA's contractor. Compare apples to apples and ask the HOA contractor to meet the more competitive bid.

Only for as long as they remain in business.

My post above mentions my experience with the school system and low bid contractors. When faced with a lawsuit or a very large warranty claim, they would just go out of business, then reappear under a new name and bid on the next job.

Roofing is not rocket science or brain surgery. So the "preferred" contractor will always be around to guarantee his work while everyone else could be subject to fleeing?
I think everyone knows the lowest bid is not always the best bid, but forcing people to use only one contractor smells of kickbacks. Any HOA that hires and forces others to use a contractor without competitive bids is failing their fiduciary duty. Without competitive bids, how does anyone know if his so called "discounted" price is reasonable for the work done? Harold

MellisaP1 - Go back to your original post. You stated "I am confused. Your the president correct? So what prevents you from changing the policy?" Seems to me that's a suggestion of a unilateral change in policy. You may have meant to say something different, something more politically correct, but you'll need to re express yourself if that is the case.

Presidents have to have majority board vote to make any changes in policy. The president does NOT act alone. If the president wants to make a change in policy they present the idea to the board. The board votes yea or nay with the president possibly making the final decision in a tie vote. However, with a 2/3rds vote of the board members may override the president vote.
So the president CAN change a policy simply by submitting the idea to the floor for a vote. Hence then, that may be considered the President's view is being enforced to those who want to read more into this... (If you keep that kind of mindset you will never get a decision made without calling the board/president dictators each time changes are made legally).
As for the original question about the window installation. I believe the board/ACC committee can limit the TYPE of window installed but NOT the contractor doing the work. It is NOT the HOA's money involved in paying for the work. It is JUST their approval for the work to be done. They can SUGGEST a contractor but can NOT demand it or they won't approve etc...
It's much like installing fences. The homeowner has to submit the fence plans to the HOA/ACC for approval but the HOA does NOT pay for it. The homeowner pays for their own fence and maintence. However, if that fence (or other approved item) falls into disrepair, dangerous, or causing damage to HOA property the HOA can vote to remove the item at the homeowner's cost. If that homeowner does NOT pay the removal costs the HOA is allowed to lien the owner for the costs of the job. This is the ONLY other time a HOA can levy a lien that is NOT for unpaid dues.
I still say bring three bids to the floor and submit them. Explain that the HOA is approving the project but is NOT paying for it. So you should be able to pay any licensed/insured contractor you want. Good luck!