Voting

Can any HOA member request something be voted on by all HOA members? and does a board have to abide by this?

Generally, homeowners vote on amendments to the documents or special assessments, and sometimes can vote to approve an annual budget. Beyond that, the board doesn't have to put various issues before the community for a vote. The board exists to review association matters in detail and vote on what to do - if people don't like what the board is doing, they can always vote them out in the next election and vote for others.

As a practical matter, you'd need to give homeowners enough time to review the issues in detail so they can make an informed decision - in many instances that takes too long. That said, homeowners can always go to meetings and let the board know how they feel about a certain issue during the resident forum portion (hopefully you have one). Or you can send a letter or email to the board and let them know how you think.

He or she can ask - and would probably be laughed out of the room, and that's as it should be. Paying assessments and arguing with the board over various issues are separate issues - just because you don't get your way in one area doesn't give you the right to withhold assessments. If this homeowner wants something changed, he can try rallying the neighbors together to come around to his way of thinking, but he/she still has to pay assessments because he's legally obligated to do so. And if he doesn't or refuses to, the association has a right to pursue the matter legally - and he may not like what comes next.

If you're on the board, you need to remind the homeowner of that.

It has become legal unfortunately and the case was dismissed! But this person will not put this to rest so we need to find a way to end this once and for all and we are not sure how to do this. He was also very unhappy with how the past board did some things and we just want it over -

I didn't say anything about waiving his dues....

You stated He is wanting the HOA to now pay their association dues"

Does "When hell starts serving ice water" ring a bell?

I meant legal attorney fees! NOT association dues

The only way the owner could lawfully achieve this via an owners' vote is by amending the governing documents.

More importantly, the Board and the HOA attorney have zero obligation to explain this to him. Do you understand? None.

Let Mr. Sore Loser figure out how to (1) call a Special Meeting; and (2) propose a vote that is lawful under the governing documents. For example, if Mr. Sore Loser gets enough signatures for a Special Meeting, did he put an item on the agenda on which the owners may lawfully vote?

Anything short of a properly worded amendment will not work.

Short of a rather carefully crafted amendment, I can just about guarantee you that pursuant to your Bylaws and possibly state statute, the owners in the aggregate do not have the authority to authorize the HOA to pay his association dues. The owners typically have only the powers that the Bylaws and statutes expressly state they have.

Can you share the state you are in?

Thanks. For all intents and purposes, the Minnesota HOA statute (515B yada, which in another thread you indicated applies) says that the powers are as given in the Bylaws and Declaration.

Look in the Bylaws for a section that discusses the powers of the board and any section in the Bylaws or Declaration that talks about where an owners' vote is required. These are all the Board needs to know the guy cannot get what he wants without a lot of specific steps that / he / has to initiate.

If and when Mr. Sore Loser asks you all anything about how to achieve his goal, I suggest you tell him that the law prohibits you from giving him legal advice. If he persists, I suggest you respond with "Asked and answered." Subsequently I suggest you ignore further communications on this topic. Don't hesitate to bring the HOA attorney in on this, of course.

Homeowner hired his own attorney, case was dismissed, and now they want the HOA to pay for his legal fees. For a case that they filed and was dismissed in court.

As a board member I'd be researching if the Board can recoup the HOA's legal fees. I don't know if that's possible, but that would be my question.

Ignore him. Yes, that's easier said than done, but nooooo.