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CarolF9 (Louisiana)
Posts: 3
Posted:
Is it legal to keep HOA decorations which was bought with homeowner dues to be stored in a homeowners home? Our HOA is requesting a neutral shed since we found out the homeowner that is keeping them is throwing g them away and using our dues to purchase more!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Illegal how? Going to jail or HOA jail? It is more like a bad idea. Although if your HOA does not have the space that is a problem. Your going to have to use more HOA funds to pay for storage unit or get a shed. We used our clubhouse closet.

However we really did not decorate to need storage for HOA items.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
So...... no storage took place. They simply threw them out.

Not illegal. But you might want to find another place to store the items.
KerryL1 (California)
Posts: 14,550
Posted:
I don't think it's illegal, either. We've heard of many instances in self-managed HOAs where materials are stored in answers' homes, e.g., assoc banking records might be stored in the treasurer's home.

Are you on the Board, CarolF? Why does the owner have access to money (from owners' dues) to buy decorations? Did, for example, the Board vote at a board meeting to give her/him funds to spend? Or is the person, say, Board treasurer and has approval from the Board to spend HOA funds?

Would you mind telling us what size your HOA is? E.g., how many homes or condos are in it?
KerryL1 (California)
Posts: 14,550
Posted:
sorry, "owners'" homes is correct. Usually thy are directors, but not necessarily.
LisaB21 (Texas)
Posts: 97
Posted:
what is the value of the decor thrown away? Why would they just throw away something that does not belong to them? We use a professional company to install, take down, store, and refurbish for the following season, our holiday decorations. It is a lease and we can change our entire package after each 3 year lease agreement. No muss, no fuss.
LetA (Nevada)
Posts: 2,679
Posted:
Do you have room for a small shed or space in a utility room? We had a former director store 4 A frame signs that we had for no parking warning for an adjacent college stadium and adjacent soccer field.
When they sold their home and had it on the market the former director never said anything or reached out to the PM or other two directors to take the signs. By the time they said anything it was too late
the signs were thrown away and we had to replace them. I had them in my garage for a while then I got tired of storing them so i put them in the pool pump room.

One thing I would consider the total cost of the decorations and storing them, either on site or a storage locker versus paying a company to decorate for the holidays.
I may be cheaper in the long run to pay someone to decorate and not have to worry about the cost of purchasing and storing the decorations.
TimB4 (Tennessee)
Posts: 21,061
Posted:
For legalities, you should ask an attorney.

Was it legal/proper for the treasurer to keep the associations financial records at their home?
Was it legal/proper for the secretary to keep the associations records at their home?

Realistically, if the Association doesn't own or rent a storage area, or office, what is left is for volunteers to hold on to the items in their own homes.
This is typically done in an attempt to help the Association save money as climatized storage lockers can cost around $1,200 per year.

Unfortunately, this can result in issues of things being intentionally or unintentionally thrown out. Sometimes this is done with board approval. Sometimes it is done because nobody else volunteered the space in their homes.

Should the individual attempted to have other board members store the items prior to tossing them? Yes, of course they should have. Unfortunately, there is no real way of knowing if that happened or not.

My suggestion - support the shed. Make sure it is waterproof and (if possible) climatized. Perhaps volunteer to keep the items on your property.

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