Which improvements require member approval?

Generally, where is the line drawn between
* alterations and improvements, and
* maintenance, repair and replacement?

TN condos/145 units

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Master Deed below:
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"Except as reserved herein by Developer, there shall be no alteration or further improvement of the Common Elements without prior approval in writing by the owners of not less than sixty-seven percent (67%) of the total allocated vote of the Association, except as provided by the Bylaws,

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Bylaws below:
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"The Board of Directors is specifically charged with the responsibility of providing for the care and upkeep of all Common Elements and Limited Common Elements of the Condominium pursuant to the provisions of the Master Deed. Specifically
...
6) To provide for the maintenance, repair and replacement of the Common Elements and Limited Common Elements as required by the Master Deed
...
b) Specifically, whenever in these Bylaws or in the Master Deed the Association is given the power to take any action, it is the intention of such instruments that the Board of Directors shall act for the Association in all cases, except to the extent that is is expressly provided that action may be taken upon vote of the Unit Owners.
c) Nothing in these bylaws shall be considered to grant to the Board of Directors, the Association, or to the officers of the Association any powers or duties which, by law, have delegated to the Unit Owners

It's not always black and white.

Usually, though, maintenance involves the regular repair or replacement of current assets. Capital improvements generally increase the value of physical assets - this can mean adding new components or improving an existing component beyond its original state. These improvements can be added functionality or something that extends the useful life of a component.

So, you wouldn't need homeowner approval to replace roofs when they're at the end of their useful life. You may need approval if you wanted to do something beyond that - for example, replacing the roofs with a different material.

In other words, maintenance means maintaining the status quo, while capital improvements involve changing the status quo.

Thank you for the replies.

Here are some real examples:

a• Upgrading the existing sitting area that has worn out furniture with new furniture, but with a modern style
b• Replacing the seats at the picnic area with seats and a table
c• Adding exterior string lighting to the picnic area, where none existed before
d• Adding trash cans and benches to the bottom of exterior stairwells where none existed before
e• Adding signage, where non existed before
f• Adding trees, planters, plants, irrigation 25% would be to repair the existing, then 75% would be new
g• Creating an aesthetic and lockable enclosure for the dumpsters to conceal them and adding landscaping (expensive)
h• Cleaning up existing landscaping that affects our view

Which of the above would require membership approval?

-------------------------
Master Deed below:
-------------------------
"Except as reserved herein by Developer, there shall be no alteration or further improvement of the Common Elements without prior approval in writing by the owners of not less than sixty-seven percent (67%) of the total allocated vote of the Association, except as provided by the Bylaws,

-------------------------
Bylaws below:
-------------------------
"The Board of Directors is specifically charged with the responsibility of providing for the care and upkeep of all Common Elements and Limited Common Elements of the Condominium pursuant to the provisions of the Master Deed. Specifically
...
6) To provide for the maintenance, repair and replacement of the Common Elements and Limited Common Elements as required by the Master Deed
...
b) Specifically, whenever in these Bylaws or in the Master Deed the Association is given the power to take any action, it is the intention of such instruments that the Board of Directors shall act for the Association in all cases, except to the extent that is is expressly provided that action may be taken upon vote of the Unit Owners.
c) Nothing in these bylaws shall be considered to grant to the Board of Directors, the Association, or to the officers of the Association any powers or duties which, by law, have delegated to the Unit Owners

Are you sure, Janine, there is nothing else in your Master Deed about this topic? Isn't there a section, for instance, that states what items the HOA is responsible for and what items Owners are responsible for? And within that, or elsewhere?

It just seems plain silly that owners would have to approve a string of lights. With Augustin, I really think you need your attorney's interpretations.

Is there no definition of "improvements" or "capital improvements" in the glossary to your M. Deed? I'm also wondering if there might be a contradiction between the Deed and your Bylaws, which state: "The Board of Directors is specifically charged with the responsibility of providing for the care and upkeep of all Common Elements and Limited Common Elements..." "Upkeep" of common elements might include adding more trash containers.