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GlennG (Idaho)
Posts: 5
Posted:
I have a question to all. I am in an HOA is Post Falls Idaho. We have a club house building and next door we have a learning center which is part of the HOA. They approached the board to see about selling the building to them. The board said that the building is not for sale. The learning said that the board does not have the right to say this, that it must be put to a vote of the homeowners.

So the question is does the board have the right to tell them no or does it have to go to a vote with the homeowners?

Thanks

Glenn
RogerB (Colorado)
Posts: 5,067
Posted:
Glenn, usually the Board has the authority to make that decision. Check your By-laws.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Glen,
Who is "They" approched the Board?
I am not clear on if your HOA owns both the learning center and the clubhouse.
If you own both, to sell any part of any amenity that is deeded to your HOA, you will need a vote with an approval of 100% of the owners. Amenities are what people bought into when they purchased and no Board can just sell it because they feel like it is the thing to do. Nor can they deny the sale. It must be voted on by the membership.
GlennG (Idaho)
Posts: 5
Posted:
They are the learning center. They own there side of the unit. It is a condo unit. They own their side and the HOA owns the clubhouse side.
DonnaS (Tennessee)
Posts: 5,671
Posted:

As I said Gle, The members (owners) must have the final say on the sale of any association amenity, not the Board alone.
GlennG (Idaho)
Posts: 5
Posted:
Donna, you have stated that we need 100% approval. Do we still have to have a vote if the board members are home owners and they all disapprove of the sale.

If we have to have a vote can it be done by a mail in ballot?

Thanks for you help.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Glen,
I am sure someplace in your governing documents, there is a place that explains how your members are required to vote on different subjects, such as elections, amendment changes, assessments and other issues. I am not familiar with your State laws governing HOAs but if you have them, that is how you must vote for this issue. Your association members/owners have the final say on whether they want to sell off an amenity that they purchased their property to have included. Not the Board only!

You must have a document as proof of this sale or refusal of it. Document everything so someone down the road can say that "they did or did not" vote for or against this sale. Even if everyone "SAYS", that is not good enough.
GloriaM (North Carolina)
Posts: 829
Posted:
Any sale of HOA property requires a majority vote of the membership.

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