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ElizabethR3 (Maryland)
Posts: 2
Posted:
Our Board recently made a controversial vote to endorse an Application for Sidewalks on streets in our neighborhood. Our Bylaws do not contain any reference to such a situation. We attempted to ascertain resident support for sidewalks by looking at names on the Application and names on a Petition against sidewalks. The Board ultimately voted that there was a safety risk on the streets in question and that we would endorse the application. There is now a full county process for approval of the sidewalks - we were just getting it to the county. Our vote was 6 in favor, 2 abstaining. Now a member has asked that the general membership be allowed to vote on a motion that essentially seeks to force the Board to rescind its vote. Our Bylaws also contain no mention of such action. Has anyone heard of such an issue, and is it possible to force the Board to rescind a vote that it took?
GlenL (Ohio)
Posts: 5,491
Posted:
Elizabeth if the county is requiring sidewalks then no the Homeowners cannot chose to vote no against them. The place to look is in the Covenants not the By-Laws, if they require homeowners to install sidewalks then the homeowners must put them in. If you are talking about the HOA putting them in then look for a limit for Capital Improvements without a homeowner vote. For instance our BOD is capped at $2,000.00 at $2,000.01 the homeowners have to approve the expenditure.

As to your question on can the homeowners force the BOD to rescind the vote, if it is a BOD vote then no they cannot force them to. They can show up and make their displeasure known and if that doesn’t do it them the only option would be to recall the Board before they contract for the work but you have no guarantees on how the new Board will vote.

Studies show that 5 out of 4 people have problems with fractions
ElizabethR3 (Maryland)
Posts: 2
Posted:
Thanks for the reply. The sidewalks can be installed by the County as part of a County program. Any resident can apply to have their street be part of the program, but the County has told us that if there is a civic association, and the association does not endorse the application, the application goes straight to the bottom of the list. So there is no expenditure of money, the BOD is simply sending a letter to the County. And now there is a complete process that the County goes through to approve or deny the application (including a Public Hearing).

So I think you have confirmed what I thought. The members cannot force the BOD to undo an action it has done. They can vote us all out of office next fall, but not force us to rescind our letter.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Elizabeth,

Does your governing documents provide for the membership to call a special meeting?

If they do, and the members get the required number of signatures on a petition then you should follow the governing documents and call a special meeting. If the members fail to get the required number of signatures, then there should be no special meeting.

Tim
SureshD
Posts: 268
Posted:
As was mentioned, at the very least if laws allow get a petition and REQUEST a BOD reconsideration of the decision.

In Fla. this can be done but it does not require the BOD to change their decision.

It WILL show how many people disagree with the descision, likely result in a large attendance at the next meeting, and apply some "peer pressure" to the BOD.
DwightT (Idaho)
Posts: 664
Posted:
So if I read this correctly, they County will install the sidewalks and the Board merely voted to endorse the applications. There doesn't seem to be any direct expense to the HOA or even to any homeowners (beyond their property taxes). The addition of the sidewalks will improve the mobility options and general safety of the community, and probably improve the value of the homes in the community. So exactly why is this one member trying so hard to fight them?

BTW: if you have schools in your area, there is a good possibility that the state will eventually mandate sidewalks anyway as part of the "Safe Routes To Schools" program.

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