School boundries

Started by SueM5 • 5 replies • 1074 views

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SueM5 (Washington)
Posts: 1

Posted:

(Washington state)
Our homeowners association board voted to appeal a denied school boundry change. It was denied by both
the current school they attend and one that is closer (only by driving, not by school bus). All legal fees will be paid with homeowers money. In the begining they had (claimed) 96% of the neighborhood was in favor of the transfer. The board is made up of people that voted for the petition. They claim that the CC&R's allow them to do so for the safety, health, and welfare of the children. I'm I out of line by thinking this is a stretch.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sue, OOOOOOOO!!!!

If I were you, I would definitely seek a legal opinion on this. Any boundry change proposed by School District should not have any HOA funds used to work in favor or against it. This is NOT HOA business. I don't care if 96% of the H.Os have kids in school. Where is the money coming from in the budget? I say BAD BAD BAD idea. Look in your documents under funds and or association expenses and tell us where this could be allowed. As a non child owner, I would be livid to find my dues being used to fight this. Has anyone ever heard of "YOU CAN'T FIGHT CITY HALL? Fighting a school district is about the same.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I don't think, by any stretch of the imagination that school redistricting would be considered detrimental to the safety, health, and welfare of the children. I'm sure the school is fine.

The HOA funds are obviously being misused, but, what would be the penalty for misuse of funds?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Steve,

What would be the penalty, you ask. IMO, the BOD could be sued for violating their fiduciary duty (mismanagement of funds) to the assn and if found guilty the D&O ins would not cover their legal expenses because they willfully violated the covenants.

JaniceM1 (Georgia)
Posts: 27

Posted:

We went through a propsed boundry change that would divide our kids in to three elementary schools. No way did we want them split up that much.
Our Council advised the Board members stay away from this. It is not an association matter. However, Board members could send information out to inform, not persuade (because it did impact our community).

I do not agree with what they did. It sounds like a clear cut case for misuse of funds and abuse of power.
However, check your CCRs for a section called "Implied Rights : Board Authority". The Board can represent the Association in a civil claim or action. But, it can not be used to institute litigation on behalf of the association or it's members.
If your association was named in a legal case against the county. Your association has to pay for the legal expenses.

In your case it sounds like the Board used their authority to "bully" the county and overturn the redisticting of school boundries. If that is what happened, the Board used their authority outside of the By Laws and Arcticles of Incorporation.

KirkW1 (Texas)
Posts: 1,665

Posted:

I agree that the HOA should be limited to informing and helping organize people. If there is a meeting place then perhaps the HOA might donate the use of the facilities to the effort. But direct monetary involvement is out of line.

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