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NancyD5 (Wisconsin)
Posts: 71
Posted:
We are part of a newer condo development and the last single family condo has now been built. The original developer is out of the picture due to legal issues but the islands on our road were never finished and now that all the building is over understandably the Board wants to finish the these islands. My question is, do we as the unit owners get to have some input into how these islands are landscaped? At these point the Board told us how the 3 of them want these islands to look and didn't allow us to say anything about it. Instead they are just asking us how we want to pay for it. I could be wrong but I thought since each of us own 1/20th of those islands we would be able to share our ideas and a vote would be taken. The President disagrees and says he can do whatever he wants. Your thoughts? Some are concerned about what next they will tell us they want to create and then just make us to pay for it. Forgive me as all this condo stuff is so new to us and we need some education in what is allowed or not allowed. Thank you in advance.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By NancyD5 on 04/14/2021 8:39 AM
I could be wrong but I thought since each of us own 1/20th of those islands we would be able to share our ideas and a vote would be taken.
The governing documents of a condo almost always give the power for decisions like this to the Board. Review your governing documents.

Quote:
Posted By NancyD5 on 04/14/2021 8:39 AM
The President disagrees and says he can do whatever he wants.
The Board has the powers given in the governing documents. The President's powers are also typically listed in the governing documents. Your President is wrong to assert that he "can do whatever he wants." With an attitude like this, I would hope the condo members start talk about electing a new board. If no one steps up to run for the board and replace this guy, then oh well. This attitude is common nationwide: 'We have a terrible condo board but I sure as heck do not want to do all the work the Board does. So I won't fight the Board."'
DouglasK1 (Florida)
Posts: 2,046
Posted:
Generally speaking, the board is elected to make the decisions required for running the association. You should check your governing docs (CCRs, Deed Restrictions, Master Deed, Bylaws are some names they go by) and see if there are any limits on what the board can do unilaterally. Some docs limit special assessments or dues increases over a certain amount without membership approval.

Now that you are getting more familiar with the issues of condo living, you might want to consider running for the board or finding like minded owners to run at the next election. If you can't wait for normal elections, there is also the possibility of a recall vote to replace board members at any time, but that needs to be done legally correctly to have any validity. Your governing docs and/or state law might have the procedure.

Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Augustin posted while I was writing, but I agree with what he said.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Nancy

I agree, a BOD decision.

Being an association member/owner does not mean you get to vote on every issue. The BID is elected to make decisions.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with others, but want to reiterate that the BOARD governs in HOAs via its votes at meetings, NOT the president. He has one vote. It's a common error to think the prez rules.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 04/14/2021 9:23 AM
I agree with others, but want to reiterate that the BOARD governs in HOAs via its votes at meetings, NOT the president. He has one vote. It's a common error to think the prez rules.


Kerry is right about the BOD decides. In out case with a BOD of five, at least 3 must approve and it the Pres is only one vote. Presidents of the BOD are not as powerful as many, including some Presidents, believe. Push come to shove, they are only one vote.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 04/14/2021 9:28 AM
Presidents of the BOD are not as powerful as many, including some Presidents, believe.

Yup.

Sikubali jukumu. Read all posts at your own risk.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JohnC46 on 04/14/2021 9:28 AM
Posted By KerryL1 on 04/14/2021 9:23 AM
I agree with others, but want to reiterate that the BOARD governs in HOAs via its votes at meetings, NOT the president. He has one vote. It's a common error to think the prez rules.



Kerry is right about the BOD decides. In out case with a BOD of five, at least 3 must approve and it the Pres is only one vote. Presidents of the BOD are not as powerful as many, including some Presidents, believe. Push come to shove, they are only one vote.

Technically true, but in the case of a forceful president, the reality comes down the whether the rest of the board has a spine.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Douglas is right. When presidents have too much power, it too often is due to spineless board members who will not or do not know that they can curtail such power. In other cases, there are board majorities that simply are lazy & ignorant so let the president do whatever s/he wishes.

In some case, board might vote to give the prez sole authority over certain aspects of the HOA. Those directors need to remember they still are fiduciaries and are respsonsible for the president's decisions.
AugustinD
Posts: 3,698
Posted:
Douglas and Kerry speak the truth. Presidents who are running the show -- and often violating all manner of covenants -- because the other directors have no spine is pretty common and come up here a lot.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Nancy,

I would strongly encourage your board to check with the local municipality/County for the PLAT.

I know where I live, the number and type of trees/bushes were approved by the county and failure to follow those plans would result in fines and the need to correct.

Additionally, the Board should place a claim on any bond the developer may have put up with the city/county so they have the money to finish those islands.

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