Quote:
Posted By DorrinndaF : The Board implemented Policies for our parks and lakes - nothing in the BY Laws or the deeds state that they have the autho(i)rity to do this. Are they legally Binding ? I have asked the board . . . and they refuse to give a answer.
DorrinndaF (Mich):
1- The bottom line - as noted well by other commenters above- is that you (or your hired legal professional) cannot answer without first reviewing the relevant state law & governance documents to see what powers your community group has - IF it even has any.
Thereafter, you can further research in what way & how much of such powers could be purportedly exercised by the "Board".
2- Respectfully, it's likely if the organization & Board have genuine legal powers, the owners ( not necessarily merely the Board ) could be WELL-advised to adopt Policies or Best Practices fully compliant to the laws & governance documents.
These might be justified to promote consistency, fairness, maybe specifically a Bigger Picture look at the environmental & sustainability etc aspects of the parks & lakes.
3 - It is respectfully unlikely that such groups usually have the skillsets - nor obligation - to try to give you legal advice. There are legal professionals for just that; if you retain one that individual's professional duty will be to you.
4 - I live in a community whose massive common elements & lakefront are NOT subject to any stakeholder governance body with 'vires'.
The common elements are lawfully & literally co-owned purely by 70 sets of private stakeholders whose end user private property titles each come crazy-glued with a pro-rata share of the common lands. It is not owned eg by the 'BW Owners Assn'.
A voluntary organization has peacefully evolved using Best Practices dogma instead of legal 'vires'. Neither is it incorporated nor would such bring such ownership nor 'vires'. This has been generally harmless or benign until periodically the skillset levels are sufficiently 'submerged' or overcome by whomever gets into a position to try to shape opinion. It adopts what it calls Best Practices.
Respectfully Policies or Best Practices are the only tool available in such a scenario. If it's also like yours, maybe no Big Deal.
5 YOUR JURISDICTION QUESTION TO TO BOARD : I too asked your same question as yours, at the final General Owners meeting I attended. All was low-key.
The not surprising low key answer of the longtime Planning Committee head's answer - after the Chair stickhandled the question to coffee break - was this :
That she absolutely had NEVER EVEN HEARD of the professional legal opinion long shown on the Association's own website.
Thus she could not grasp how her 'Rule making' was ulta-vires in a bare co-ownership without any platform for organized governance.
There was no point in asking further if she even grasped the 15 or 20 leading legal precedents about such voluntary no-vires HOAs in such bare co-ownerships in my jurisdiction.
6 - The level of skillsets should respectfully not be over-estimated in a no-vires community. If - IF - such is your scenario, it with respect is not a bad idea to scrutinize closely, learn, fully contribute, pay & work, try to encourage skillsets without making enemies needlessly, prepare quietly for the day you will have to litigate but hope you will never need to. Good luck
Why would anyone rely on such an environment for the legal emnet