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BenC2 (Colorado)
Posts: 1
Posted:
I am board member of a hoa and we're having a real problem. There's a problem with a few of the decks,and some of the board members and the engineer who the BOD hired to inspect,test and make professional recommendation,want to knock down all of the decks,and build new ones with a major design change. My question is: does a BOD have the authority to change the design,when majority of homeowners don't want it done?
GlenL (Ohio)
Posts: 5,491
Posted:
Probably yes, since the BOD is involved in the rebuilding; I'm guessing you are a Condo Community. Is the change for aesthetics or is it a safety change to bring them into code?

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RogerB (Colorado)
Posts: 5,067
Posted:
Ben, if the deck is part of the common area maintained by the association the answer is yes. However, before doing this I would recommend getting at least two other deck companies to inspect, give their recommendations, and provide sealed bids. This can be done at no cost. Then if the Board feels it is desirable to rebuild the decks, due to the significant cost, the Board's decision should first be presented to the owners to try to get their ratification. If the Board can not present sufficient justification to get ratification I would not do it unless it was a safety issue or was in violation of City or County code.
SureshD
Posts: 268
Posted:
If the change can be attributed to safety or code compliance issues then it should be easy to convince the "majority" that is is necessary. In fact the local authorities could help you or otherwise demand it.

If it is for anything else then you may be risking your tenure on the board. If your state laws allow recall or other BOD "replacement" measures you my find yourself mired in those proceedures.

The project becomes stalled, a new BOD in place, the project cancelled, and the majority have prevailed.

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