changing contracts

Started by BB5 • 6 replies • 1023 views

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

⚡ Takes 30 seconds

Already a member? Log in

BB5 (Missouri)
Posts: 145

Posted:

Our HOA voted on a contract the dollar amount WAS included in the contract after meeting Pres. changed dollar amount without membership vote . HOA also voted on a road project after the work was almost finished Pres. eliminated some of the work that had been part of the contract once again no membership vote to eliminate. Can the Pres. of a HOA make these changes? ( nothing in our by-laws allows him to do this)

MicheleD (Kentucky)
Posts: 4,491

Posted:

But does anything in your governing documents prevent him from doing it?

My stock answer: It depends.

How much was the contract amount? How much was it changed?

What do you, or any of the homeowners know about the day-to-day details or the minutae of the contracts which he changed?

SusanW1 (Michigan)
Posts: 5,202

Posted:

This is why speific amounts should not be motioned and voted on. I prefer "up to XYZ amount" or "to accept the contract with president having power to negotiate details, including increase up to X amount"

Besides, a vote of the board could have taken place outside the meeting, if your bylaws permit.

BTW, how much are we talking about, here?

BB5 (Missouri)
Posts: 145

Posted:

Our board and officers are "one in the same" by-laws do not allow for a vote of officers outside of a membership meeting. The dollar amount of the contract was almost doubled, the contract was with me, my wife was present so we are both aware of what was done. When the membership was told about the changes they were not told the full amount.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By BB5 on 12/15/2009 8:12 AM
Our board and officers are "one in the same" by-laws do not allow for a vote of officers outside of a membership meeting. The dollar amount of the contract was almost doubled, the contract was with me, my wife was present so we are both aware of what was done. When the membership was told about the changes they were not told the full amount.

In many HOAs, or other corporations, officers and board members are often one and the same.

When I say "membership" I mean the membership of the association, not the members of the board of directors.

I'm still trying to determine why the membership of the association thinks it can run the day-to-day business of the association.

The association elects members to the board to administrate and get things done.

Are you saying the President made the changes without the input or vote of the rest of the board of directors?

If he did, then any decisions he made would not be valid.

What was the amount of the contract that was almost "doubled"?

DennisT (Ohio)
Posts: 109

Posted:

Do you have a copy of the exact motion that was voted on and adopted? That, along with the figures in question as Michele requested would help in answering your question more completely.

MaryA1 (Arizona)
Posts: 7,043

Posted:

BB5,

The Pres is but one member of the BOD and should not be doing anything w/o a majority vote of the BOD. But, I'm wondering why the members of the assn are required to vote on contracts. Is this what you are saying or did you mean to say a vote of the BOD is required?

You mention your bylaws but I wonder if you shouldn't also look in your CCRs to see if contracts are mentioned there.

🎯 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