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KellyP6 (Florida)
Posts: 20
Posted:
What legal or other ramifications will the decisions of the old board have on the new board? Will their past decisions have any effect on the new board? Will the new board have any power to reverse any decisions made by the prior board or would we be bound by their decisions?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kelly,

Without knowing specifics, it's really hard to respond.

In general, with respect to a previous boards actions, a new board may:

Remove/Replace appointees to committees
propose and adopt amendments to resolutions.
Choose to cancel legal action (but consult with the attorney first)
Pull a proposed amendment for membership vote (but I would be careful with that)
Change PMs (providing the PM works for the MC and the contract allows it)

In general, with respect to a previous boards actions, a new board may not:

Terminate a signed contract (except by following procedures within the contract)
Change the current assessment amount (notice deadlines may allow to change next years assessment)
Terminate employees without cause

in general, with respect to a previous boards actions, a new board might be able to:

Change terms with regard to enforcement actions (however, this one can be tricky hence the word "might")

If you can provide us the decision the previous board made (or your board made), you will likely get better advice and more direct opinions then just generalities.
KellyP6 (Florida)
Posts: 20
Posted:
Tim, I appreciate your reply.. We vote a new board (home owner from developer) so I don't know any specifics. Was just wondering in generalities.. I'm not sure why they even chose to resign this early in the development. There are still over 450+ lots to develop. Currently only 266 homes are built and occupied.. I still can't get a satisfactory answer as to why the board chose to resign other than "upcoming decisions".. I'm not sure what that even means..

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