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NpB (Arizona)
Posts: 605
Posted:
A previous Board approved an item for a common area at a Board meeting one year ago. Since then, the Board has a different makeup and the Board majority does not want to install item. Is the Board legally mandated to follow through on implementing all approved motions at Board meetings?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
If the amenity wax not implemented within a year, and your board has changed philosophically, my opinion is they can override the previous decision unless there's a signed contract where penalties could be involved. Boards should take action when they approve projects.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I agree with Kelly somewhat. I say the BOD can revisit/revote to not go forward anytime they want to. Just keep in mind any costs to cancel the project.
ND (PA)
Posts: 792
Posted:
Quote:
Posted By NpB on 02/28/2020 9:31 AM
A previous Board approved an item for a common area at a Board meeting one year ago. Since then, the Board has a different makeup and the Board majority does not want to install item. Is the Board legally mandated to follow through on implementing all approved motions at Board meetings?

NpB . . . this is kind of an example of what I reference in my reply to your other post.

Here you have a situation of an item that was approved by a prior Board a year ago and never implemented. Current Board has a different idea of what needs to be done. Instead of solving the immediate issue, your question is in regard to being legally bound to implement all approved motions at all Board meetings at any point in time. Answer to that is most likely you are not legally bound to implement all decisions . . . but really who cares and does it even matter to the current task at hand?

I suggest tackling the immediate issue, claiming victory/progress, and moving on.

In this case, I'd suggest you're only legally bound by this prior decision if a contract was signed to do some sort of work (the contract is what legally binds you to completing the work). If you don't have to break a contract to not do the work, then simply make a motion at the next meeting to not do work that was previously decided to be done. And you're finished with that issue.

Prior Board had much time to act on their decision. It wasn't implemented. New Board has different ideas/priorities. Your turn to make the decisions.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Kelly, ND & JohnC.
CathyA3 (Ohio)
Posts: 6,299
Posted:
There can be other reasons besides a new board's different priorities for revisiting past decisions. A change in circumstances or previously unknown information coming to light are two things that may cause a board to reverse a previous decision.

Not everything a board does is nefarious. :-) I don't think boards should reverse past decisions willy nilly. But if new information would have made a difference if that information had been known at the time of the original decision was made, I think the board has a duty to at least reconsider things.

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