💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JohnS127 (California)
Posts: 3
Posted:
Hi, I have a couple of questions on projects in an HOA

Does the HOA need home owner vote before tackling major projects?
Does the HOA need to share project plans with the home owners so that they are aware of the changes, etc?

Thanks
MaxB4
Posts: 3,513
Posted:
If the project was repairing or replacing items indicated in a reserve study and didn't require additional funding over 5% of the annual expenses, then no. If adding to the complex, then, again, it depends on how much money is been expense against the budget.

Should the Board let people know what is happening in their community, absolutely!
JohnS127 (California)
Posts: 3
Posted:
The project is above 5% of annual budget and we were told that they can not share with us because of the law, so I was wondering what is the law that prevents them to share the details of the project
MaxB4
Posts: 3,513
Posted:
Someone is pulling your leg, or legally speaking, flat-out lying to you. There is NO SUCH law!
SheliaH (Indiana)
Posts: 6,964
Posted:
Uh, yes - why wouldn't they? This is ultimately the homeowners' money- don't you think it's only right and proper that they know where it's going and why?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By JohnS127 on 01/10/2023 3:40 PM
The project is above 5% of annual budget and we were told that they can not share with us because of the law, so I was wondering what is the law that prevents them to share the details of the project

Why would you automatically believe something as absurd as this? Make them show you said law, as in California code whatever. if they can't or refuse to, you and your neighbors need to get together and blast the information out of them. Not with guns, but with a special homeowners meeting or letter to tge community.

You don't say what this project is or how much it was supposed to cost, but a 5% overage might not be that unusual. Perhaps a new building code was enacted that will increase the cost because you have to be in compliance. Or certain supplies have become harder to get- you do remember there are supply shortages that are raising the cost of everything, yes?

Or your board thought they could get the work done on the cheap, forgetting some contractors underbid to get the contract and then nickel and dime you to death. Much like people who want to do a home improvement project in your home. Whatever is going on, the board does owe homeowners an explanation and it should be accurate.

Moral of the story - trust but verify

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Max--there is no such law. Do ask the Board via letter to them or at an open forum at the next board meeting to cite this "law." To Max's point: would a lot of the funds come form reserves? Or is a special assessment needed to fund the project or a lot of it?

Assuming the Board did all of discussions & decisions about this project in executive session since new contracts were involved, how did owners finally find out about it? Letter from the Board? Announcement at a board meeting? Or did it just magically show up in your budget for 2023?

Can you tell us a little about the project? Is it upgrading or improving existing items? Or adding something completely new?

Can you tell us a little about your HOA? Size? condos, or?

MichaelS56 (Minnesota)
Posts: 858
Posted:
This past summer our Board had a $428,000 retaining wall project completed. We do not have a 5% rule, nor do we need to have an association vote. The public relations with the owners were extensive and as a result we did not have one complaint. Our treasurer wrote a number of articles that were in the monthly newsletter, along with our Landscape chair describing the landscaping additions. The board that is keeping information from you is making a mistake and needs to be challenged. Good luck.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What law? The HOA is owned by the owners correct? If so, then the owners have a right to know where their money is being spent. The board is there because they were elected to handle the daily business of the HOA. It isn't to keep things behind closed doors. They are to do what the members want them to do.

It sounds like your HOA board may be "poisoned" by it's PM possibly or don't understand how a HOA runs. This isn't unusual. Especially in a HOA with lots of apathy...

Former HOA President
EmilyW2 (Indiana)
Posts: 13
Posted:
Quote:
Posted By JohnS127 on 01/10/2023 2:12 PM
Hi, I have a couple of questions on projects in an HOA

Does the HOA need home owner vote before tackling major projects?
Does the HOA need to share project plans with the home owners so that they are aware of the changes, etc?

Thanks

A lot of this will depend on what your covenants say. State law my also be applicable if these topics are not addressed in your covenants or if your state law supersedes.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here