Can a HOA membership require a board to deposit money into a reserve account

Our board closed our reserve fund I know they were able to use the money for the purpose that it was used for, but it is my understanding from davis-stirling that they did not follow proper procedure. There was not meeting called with the discussion of the use of the reserve fund listed on the agenda, in fact this board has never given an agenda out with board meeting notifications'. There was also no plan put in place to repay the reserve account before it's use, so the question is can the HOA membership request a special meeting to demand the board repay the reserve fund at once.

Thanks for the input TimB that is what I expected I imagine that if and when we replace this board the new board can contract to change the cc and rs and bylaws to prevent this from happening in the future.

Jeff

In your opinion, what were the funds used for?

First, there is nothing in California statues that requires HOA's to have reserve funds. There is a statue that states HOA's must perform some sort of reserve study once every three years. Why have statues to perform reserve studies but nothing to fund them. Go figure.

Your association has a much bigger issue and that is how the association conducts meetings, or maybe the lack thereof.

As far as discussion or even on the agenda, it may not always be a topic of discussion. Say for instance you have a reserve study and the heater at your pool broke. The replacement cost is listed in your reserves, and you are using your pool company to replace the heater. Like your budget, the reserve study has been approved, so there would be no need for a vote.

Now, you need to replace the roof. That would be a discussion as you should be soliciting bids.

Now to the question in hand. If you want to demand the Board repay the reserves, from where? The operating account? Special Assessment. Special Assessment MAY require a secret ballot vote IF over 5% of your annually budgeted expenses.

Only the membership can hold the elected or appointed director's feet to the fire.

Thanks for the input everybody.
To answer some of the question raised, the board had the right to use the funds for the purpose they were used for I am not disputing this, what I am unhappy about is the violation of the CA. statutes about how reserve funds are to be used. The statute does say a reserve fund is not required but if there is a reserve fund it is very strict about the procedure that is to be followed. At a meeting that, has on the agenda, the topic of the use of the funds, and that there be a plan put in place to repay the funds. This board just made a motion that the account be closed and the funds used for the repair it was seconded and carried. I will add that this was done at a meeting that had no agenda given to the members. I would like the board to replace the funds taken, by reopening the account and transferring the money from the operating account.

Jeff

If the Reserve Fund money was properly spent than the Reserves Fund could be depleted so why should it be brought backup with Operating funds?

Yes there should be a Reserve Fund and it should have a funding mechanism but that is another subject.