Question:
For a little back story, our neighborhood has a wooden bridge that was our only way in or out. This bridge had become condemned and could no longer be used. The community voted to take out a MSBU and build an actual road out the other side of the community rather than fixing the existing bridge after getting surveys done by the county and Army Corps of Engineers. This happened a couple years ago and we still have roughly 600k remaining of that MSBU. We now have a new HOA Board and they took it upon themselves to take the remaining funds to rebuild the bridge and said they do not need a community vote on it as it is a maintenance issue. Is there any wsy to keep them from spending this kind of money without community approval?
– Stanley
Answer:
Hi Stanley,
Kindly review the community’s governing documents to verify what kinds of decisions and actions require a membership vote. This may determine whether or not the decision to fix the bridge requires a membership vote. The community may also hold a special meeting to petition the board to reconsider their decision. You may also opt for alternative dispute resolution through mediation or arbitration. Alternatively, the members may also remove the problem board member(s) according to the procedure outlined in the bylaws. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
