HOA BOARD IS SLOW TO APPROVE RULES

HOA BOARD IS SLOW TO APPROVE RULES

Still waiting on the HOA board to make a decision?  Well, below is an article from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC with some great advice for both homeowners and the HOA board.

Is your HOA board taking a long time to make decisions?

QUESTION: Our board is taking too long to make a decision on new rules. The president and manager agree that our revised rules are ready to go to the membership but the rest of the board has not made a decision in over three months. Can the president send the proposed rules to the membership without the board’s approval?

RESPONSE: Your board sounds like Congress–they have a problem making decisions. If your president acts unilaterally to send proposed rules for membership review, I don’t see a basis for anyone filing a lawsuit. It could, however, result in hostile board members when it comes time for the board to approve the rules.

RECOMMENDATION: Your president should put the matter on the agenda for the next board meeting and make a motion to submit the rules to the membership for 30 days for review and comment. As provided for in Civil Code §4360(a), the notice must include the text of the proposed rule changes and a description of their purpose and effect.

 


For more knowledgeable information regarding the business of HOA’s, visit: The Davis-Stirling.com Newsletter