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Posted By KerryL1 on 10/15/2016 1:01 PM
Nigel is right, Amy: While reserve funds are generally for the purpose of replacement of assets, there really is no hard and fast rule as to how those funds may be spent, unless you governing docs or state law specifies otherwise."
Now in CA, reserves only may be used for replacement or major repair of components listed in the reserve study. But maybe TX or your document says something different. Put another way, if you already have playground equipment and this'll replace it, the board may proceed with its decision.
that doesn't mean it's wise, though, many HOAs would survey their Owners to see if they want the replacement items.
I think that most governing docs for HOA's probably specify what the board can and cannot do. In Texas recent changes in the law provide a clear guide as to the decisions a board may make. For example a board may not consider the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; unless adequate notice is given to allow all members the opportunity to attend the meeting.
While at first glance, a survey or poll of members might seem nice, I think that it can cause more problems. The board is elected to take care of these kind of things and to make those kind of decisions.
We recently approved the construction of a shelter in our common area. This was the sole decision of the board, but we consulted with the members as to the placement, stain color, and roof color.
More problematic is the original posters perception that these kind of decisions are being made at closed board meetings. It might be that the State of the OP's residence allows that kind of thing, but it certainly is not good practice. All board decisions (with the exception of those involving privacy matters such as collections) should be transparent.