Community Approval clubhouse remodelng

1. The project is the work being done, and the expense is the cost associated with that. In this case, replacing the stone floor is the PROJECT, and the cost of said project is the expense.

2. The attorney should be reviewing the contract for the project to ensure there are no weird surprises that may result in cost overruns, the contractor bailing on the project, ensuring subcontractors won't file liens against the association if they don't get paid, etc. It's not the attorney's job to comment on whether replacing a stone floor with wood or vinyl makes sense. You and your neighbors should be asking the board (all of them) why they feel this is a good idea. Perhaps the cost of maintaining a stone floor vs. a vinyl or wood one is more expensive and they're trying to keep costs down. Make sure they show you the numbers - and if you have ideas on how the current floor could be maintained at a more reasonable rate, speak up and offer to help find said solutions.

Questions 3 and 4 can also be answered by the attorney - since the attorney represents the association, not individual owners, it's ok to ask the BOARD how it concluded it didn't need community approval. For all you know, the attorney said this project might require homeowner approval and the board chose to ignore it.

Which brings us to question 5 - First, you need to READ YOUR DOCUMENTS to see what it says about capital improvements and how they should be done. The clubhouse is an example of the common area, but it wouldn't hurt to read what areas are considered common areas in case this sort of thing comes up again.

You probably won't find anything regarding how a board member or group of board members' tastes in flooring, faucets, paint color or that sort of thing affects the common areas. This isn't the same as design standards, which some HOAs put in their CCRs to regulate the type of exteriors changes a homeowner can make with or without prior approval from the board. For example, you might want to replace the fence around your yard, which should comply with the design standards that say it can't be made of wood, has to be a shadowbox style and can't exceed 6 feet. The documents might also state the board is authorized to establish additional rules that flesh out the CCRs. In this case, the CCRs may require prior board approval for certain exterior changes, but the design standards are community rules that can be established, amended or dropped by the board.

If you have a decent board, they will poll the community to see what works and perhaps have an expert look at the community to see what type of changes would be most appropriate to maintain the overall look and design of the housing while avoiding the cookie cutter look, which is boring and in some cases reminds one of a horror movie.

Back to capital improvements. According to Google AI, a capital improvement is a significant repair, replacement or upgrade to the common area that enhances its value and function, such as a roof replacement, new landscaping, a new security system, etc. This isn't the same as routine maintenance for the common area, which might be cleaning the gutters of the roof or hiring an expert to deep clean the stone floor - use the wrong type of cleaner and you could damage it. By the way, has that been an issue with this floor - why not ask the board about that too?

Apparently, you feel your BOY (whoever that is) wants to do this for reasons that you don't agree with. That's fine, but what about the rest of the board? What do other homeowners think - have you asked anyone else about this? Could it be your feelings towards the guy are getting in the way of a decision that has to be made regarding this floor? Remember, one board member can be outvoted and if he or she still manages to bully everyone else into unnecessary spending, the homeowners (you and your neighbors again) can rally together and call for a special meeting to discuss a recall (that may be in your documents to, so be sure to read the bylaws to see what they say, and then find some allies and get to work. Hope this helps!

1- Below is a copy of the bylaw
2- BOY is a typo Corrected BOT
3-The BOT has not answered the Questions and will not allow the letter to be posted on the community facebook page.
4- The Board advised the community the renovation project was approved via email. No public vote was taken.
5- Although the renovation project was on the agenda for three consecutive open monthly Board meetings. No report was given and no questions from the community were permitted.
6- We are a 55+ community. People do not want to go on the record
7- only 4 of 15 former board members are willing to go on record opposing the renovation project in general and the stone floor in particular.

Amended By Laws approved 2010
ARTICLE XI- ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE ASSOCIATION Whenever, in the judgment of the Board, the Common Property requires capital improvements costing in excess of $5,000.00 in any one calendar year, said improvements shall not be made unless they have been approved by a majority of votes at a meeting of the Association at which a quorum is present. When said approval has been obtained, all Owners shall be assessed for the cost thereof as a Common Expense. In the event of any emergency which could cause damage to any portion of the Common Property,the Board may, in its absolute discretion, expend such sums in excess of $5,000.00 as may be required to protect the Common Property and the judgment of the Board shall be final.