How to respond

Started by GlenM4 • 15 replies • 905 views

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GlenM4 (Tennessee)
Posts: 141

Posted:

So lets say last year budget has something like 3000 for common area updates. This year one of the board members decided to add a huge flower pot to the common area (not really this but its same idea) But this Flower pot needs new bags of soil ever month. Another board member said they would buy this and change the soil each month.

One board member asked the status of this pot, I replayed with " we still waiting on a vote and documents" then another board member replayed with , we don't need a vote cause it was on the annual budget. I assume they think cause the budget calls for 3000 for common area , they don't need to vote. I disagree.

2nd If a board member has agreed to change the soil every month, and is being reimbursed for the soil each month. Should this not be in a contract of some sort? At min i would think a resolution?

how would you respond to this?
thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If it's not part of the 3K, then yes should treat it like any other sub-contractor with a contract. They would not need the insurance/license responsibility if everyone feels comfortable with that. It's a small job. It's just a repeatable and replaceable job. One that I would think would need definition and the ability to be flexible to change people.

Former HOA President

GlenM4 (Tennessee)
Posts: 141

Posted:

The budget does not say what is and what is not part of the 3k

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By GlenM4 on 05/22/2018 5:55 AM
The budget does not say what is and what is not part of the 3k

We always vote on any expenditures, budgeted or not, that are not regular monthly or other periodic services. So the board doesn't approve paying the power bill and landscaper every month, but if we want bushes replaced we get one or more quotes, and vote even if we have money budgeted for bush replacement.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The Budget, which is a guide, allocates money to specific categories. Approval to spend the money allocated must still be achieved via majority vote of the board.

AugustinD
Posts: 5,144

Posted:

I agree with DouglasK1. Also yes, the Board should document somehow that there is an agreement with a member to buy soil (at the HOA's expense) and change it out (volunteer labor). I am not wild about the volunteer part. If the member backs out, you will have an empty pot (or whatever the item really is) not being maintained in its intended appearance.

GlenM4 (Tennessee)
Posts: 141

Posted:

@AugustinD That was my concern, What if they decide to stop doing it? What if they don't want to do it anymore? What if they do a bad job? I personally want documents for this, If x decided to stop we would then .. Destroy the pot and toss it out? Pay for a professional pot soil company.. Just not sure how to voice this consern with out seeming ungrateful or seeming too nit picking..

@Tim, That's exactly it I just need to explain the budget is a guide for spending the money, but the what to spend that money on still needs votes.

BenA2 (Texas)
Posts: 1,273

Posted:

I think as long as the budget is divided into specific categories and you have one person responsible for that category, there is nothing wrong with spending from the budget without board approval because they already approved the expenditure in general.

For example, our Operations Committee is responsible for maintenance of our common areas. If the operations chair, who is also a director, sees that we need to replace a chair in the pool area because of excessive wear, he can do it without getting approval first, if we have the money in the budget under that category. There is a limit though (I think it's $250).

I don't think you need a contract or a resolution for the board member replacing the soil. That is simply being reimbursed for necessary expenditures which is fairly common. Of course, there should be a policy for reimbursing for expenses first.

For bookkeeping purposes it would be better if the HOA purchased the soil, especially if it is a regular expense.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BenA2 on 05/22/2018 4:09 PM
I think as long as the budget is divided into specific categories and you have one person responsible for that category, there is nothing wrong with spending from the budget without board approval because they already approved the expenditure in general.

We do it a bit differently.

For example, we budget x amount for tree pruning/removal/planting.
We typically authorize (via majority vote of the Board) the maintenance Officer to enter into contracts they see as necessary to prune/remove or plant trees within the development up to y amount. This way, the maintenance officer is empowered and the board doesn't have to vote on every tree issue.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

No contract needed as the board is in consensus and members are volunteering effort to maintain the pot if the soil needs changing. In my opinion, it's not worth your angst or a second thought.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, a Board member added a capital item requiring maintenance?

The annual maintenance was not included in the previous discussion of and vote for the budget?

So, the rogue :-) Board member is increasing the expenses to the neighborhood without a vote by the Board or the HOA?

Amount of money at stake is a couple of bags of soil? The labor is being obtained free?

Sigh ...

GlenM4 (Tennessee)
Posts: 141

Posted:

@ George, yes, but the issue is not the cost really.. Its the "pot" we have no contract for this free labor, thus what if it starts to NOT get done, What if they are not doing a good job and the "pot" starts to look like poo..

I just like to remove any potential issues, I don't want for the next 3 years having "pot" conversions with the board.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Personally I would not allow owners to be able to "use" a part of the common ground for their own project (flower pot). It opens up a bad precedence.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I think I would wait until the first time it looks bad and remove it.

Since it has been left on common property, and the Board did not vote to obtain it and put it there, perhaps someone could just haul it off?

Would there be a legal issue with this?

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By JohnC46 on 06/04/2018 9:28 AM
Personally I would not allow owners to be able to "use" a part of the common ground for their own project (flower pot). It opens up a bad precedence.

My HOA has allowed homeowners to plant flowers, shrubs, bushes, sidewalk edging stones, etc. since forever. All of which is on common property. As long as the homeowner was willing to pay for it and the work met some unwritten aesthetic standards it has always been approved. The HOA then assumed the responsibility of maintaining all of this additional landscaping. Letting owners do what they please on common property, with a very loose policy for approval, will eventually lead to problems.

BenA2 (Texas)
Posts: 1,273

Posted:

This is an HOA item that a board member volunteered to maintain.

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