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AmyK2 (Maryland)
Posts: 11
Posted:
I belong to an HOA in Maryland. Our HOA board is about to make an expensive purchase of commercial playground equipment using money from the HOA reserve without getting the input of the HOA members as to whether they like/want the pieces of equipment that have been chosen. They are also holding board meetings about the topic and are not notifying anyone outside of the board about these meetings. The HOA members have no input in the final decision. Can the board do this?
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By AmyK2 on 10/13/2016 10:50 AM
I belong to an HOA in Maryland. Our HOA board is about to make an expensive purchase of commercial playground equipment using money from the HOA reserve without getting the input of the HOA members as to whether they like/want the pieces of equipment that have been chosen. They are also holding board meetings about the topic and are not notifying anyone outside of the board about these meetings. The HOA members have no input in the final decision. Can the board do this?

Perhaps, perhaps not. It all depends on what your governing documents say the board can do. But generally the board can spend HOA money as it sees fit. Our CCR's state that the BOD has the authority to acquire and maintain any recreational facilities for the benefit of the owners of the property in the subdivision. 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. The board is elected by the membership to make those kind of decisions. The remedy for unpopular or bad decisions is to replace the board at the next or special election.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By NigelB on 10/13/2016 11:41 AM
Posted By AmyK2 on 10/13/2016 10:50 AM
I belong to an HOA in Maryland. Our HOA board is about to make an expensive purchase of commercial playground equipment using money from the HOA reserve without getting the input of the HOA members as to whether they like/want the pieces of equipment that have been chosen. They are also holding board meetings about the topic and are not notifying anyone outside of the board about these meetings. The HOA members have no input in the final decision. Can the board do this?


Perhaps, perhaps not. It all depends on what your governing documents say the board can do. But generally the board can spend HOA money as it sees fit. Our CCR's state that the BOD has the authority to acquire and maintain any recreational facilities for the benefit of the owners of the property in the subdivision. 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. The board is elected by the membership to make those kind of decisions. The remedy for unpopular or bad decisions is to replace the board at the next or special election.

I agree. Like it or not, the decision was theirs to maker.
KerryL1 (California)
Posts: 14,550
Posted:
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.
LetA (Nevada)
Posts: 2,679
Posted:
Is your HOA replacing outdated equipment or starting new? Your board may be getting a bit too deep, perhaps they will need to pull permits and get zoning approval.
Something you as a member of the association can ask the MC.. If their answer does not satisfy you, you can always contact your city or county building department.
NigelB (Texas)
Posts: 254
Posted:
Quote:
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.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We have 1/2 a dozen residents who walk their dogs around our pond. They often gather and chat. They ask the BOD to install some park type benches along the pond. The BOD said they were in favor of doing such but would not use HOA money. The residents were asked to submit a plan to the BOD showing type of benches, a method of funding the reserve for future maintenance, and they wanted the benches installed by a licensed and bonded contractor. The BOD said if all was well, they would be happy to approve such.

The "group" never came back with a plan. Bottom line is they were to cheap to do it on their own dime.
LetA (Nevada)
Posts: 2,679
Posted:
My HOA almost immediately after the builder turned over the HOA to the owners, the BOD replaced every streetlight with an LED one at a cost od $1500.00 per light.
No input from the owners, then they raised our dues to cover the loss in reserves. Pretty crappy eh!
KerryL1 (California)
Posts: 14,550
Posted:
Good points, Nigel. What do MD laws permit re: such purchases?

And, next, does it have open meeting legislation so that his topic may be observed by homeowners?

I think another factor is that some states limit the amount that can be spent on capital improvements without owner approval. I think it's 5% of the ann. budget in Ca, but not sure. The thing is, Amy hasn't told us if this is such an improvement, i.e., new or significantly more expensive than the old? Or simply a replacement that's already reserved for>

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