CCR rule pertainant to CBU mailboxes ?

Would the below CCR be germaine to the Board of Directors decision to switch from individual existing curbside mailbox delivery, (beginning of 2007) to CBU's placed in common areas throughout the master planned community.
( Without homeowner vote or approval)
( Not being mandated to switch by post office).

ARTICLE II

2. Owner's Property Rights

2.1 Owners' Easements of Enjoyment.

(g) The right of the Association to reconstruct, replace or refinish
any Improvement or portion thereof upon the Common Area or Association
Maintenance Areas in accordance with the original design, finish or standard of
construction of such improvement, or of the general Improvements within the
Properties, as the case may be; and if not in accordance with such original
design, finish or standard of construction only with the vote or written consent
of the Owners holding sixty-seven percent (67%) of the voting power of the
Association and the approval of the Beneficiaries of fifty-one percent (51%) of
the first Mortgages on Lots in the Properties who have requested the
Association in writing to notify them of proposed action requiring the consent of
specified percentage of first Mortgagees (subject to the procedures specified in
Section 15.5(e) below);

TN1 - are you certain that the US postal service didn't mandate this?
Can you tell us why you are certain that the Association instigated it?

Currently the mailboxes are installed / mounted on T- Posts in groups ranging between 2 to 6
In the sidewalk greenbelt areas between the sidewalk and curb in front of single family homes within the HOA.

The Post office did not mandate the change. The board voted to have MC review for locking mailboxes. The postmaster pushed the idea of CBU's instead and the board voted 4 to 1 in favor of switching from individual curbside delivery, instead to CBU's in Common area's throughout the HOA community (17 CBU's which have 16 mail slots +2 parcial boxes on each CBU).

In which case the HOA BOD can potentially make changes for which they feel is in the best interest of the community.

Do you have that Statute Richard noting that the BOD who is responsible for repair and/or replacement of mailboxes DOES NOT have the authority to determine the mailboxes??? If as you state ... NO they can’t ... I would believe the OP and myself would need to know the reason.

Richard the following was the conversation to which you replied “NO they Can’t”. Then you turn around and are stating the SAME THING essentially which I stated and that if the mailboxes are owned and maintained by the HOA then YES the HOA could choose due to ... as you noted via “Capital Expenditures”. I am NOT the one who needs to READ!!! Maybe you should get up at 3:00 AM and have potentially TWO pots of coffee in order to unscramble your brain!



I am starting to notice that your MO is potentially to attack everyone especially Melissa.

Janet

I Let me explain it further so you understand. This is California, not Colorado.

90 individual detached homes. Mailboxes were responsibility of HOA (shouldn't have been) and were in reserves at $50.00 each (non-locking). We were going to put in 6 cluster boxes at $1800, including taxes and shipping. With installation, cost was $15K. They ending up going with locking curbside boxes at $100, plus $4500 installation, so total $13.5K

Since this was an upgrade and not required by local codes or anything, it became a capital improvement. Because the difference between the original and upgrade was over $9000.00 and was over the 5% of the $54K Annual Budgeted Expense or $2700.00, by law (§5605(b), it requires a secret ballot vote of the members, not a Board approval.

DUH ... I know it is California. And now with your additional financial info which the OP has not provided ... are you the Management Company for.this HOA??? If so, then why did the homeowner’s not vote as potentially noted by the OP?

IF I were the management company, the members would have had a town hall meeting a vote. We don't know if a management company is involved. Why didn't the members vote? You would need to ask the Board that question.

The example was my own, from an HOA that did this last year. They wanted to do it without a member vote and I told them if they did they would need to find a new management company. My responsibility is to follow the law and keep my HOA's out of legal peril.

TKS for the references.
1. Yes MC is involved. From what I can gather, they dropped the ball on this one.

2. No the association members were not orgiinaloy asked,. Not voted on by the members.

3. Was preposed by the Board President,. Passed 4 to 1 in favor of.

4. No Mention, thoughts of, or considerations as to even needing to be voted on by the members.
( Quite the opposite ) - BOD the (4) that voted yes were VERY Adamit,. No need for any approval no matter the cost.

5. Yes. The cost came to, brought it to well over the 105% overall for the yearly budget.

( Unless there's some obscure way of calculating the %).

TKS

We even made it on the local news about it...

https://www.wfaa.com/mobile/article/news/local/mckinney-homeowners-frustrated-over-lack-of-mail-delivery/258652358

Some easy math.

266 homes and old mailboxes cost $25.00 each equals $6650.00
CBU's cost $1500 each times 22 equals $33,000.

Concrete pads are $5000.00 and labor to install is $5000.00

That's would be $43,000.00. That would be a overage of $36350.00

Annual expenses, guessing, $450,000.00 and 5% would be $22,500.

You are over the limit by $14,000.00.

Any good PM or MC would know you need a member vote in California.

Having been a former long time EBoard member of a Local American Federation of Gvmt. Emp.
(AFGE) collective barganning, (*not postal workers) that was directly involved with and dealt with Collective Bargaining Gvmt. Master Agreements, writing and negotions of Government employee Local Supplements between management and Locals representing Government employees, I can appreciate your post re. that possibility.

However in this situation, that did not come into play.

Postal workers in general don't seem to like CBU's and most postal workers claim the CBU's are actually inefficient and slow down their delivery of mail. They don't like CBU's.

Go figure,

Tks