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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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In a hoa, when the board decides on a project to spend $ on

Customer Question

In a hoa, when the board decides on a project to spend $ on a questionable project, and doesn't notify the members or even discuss it with them, do they have any recourse to stop it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

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Expert:  J. Warren replied 1 year ago.

I am sorry you are dealing with this situation. In short, yes there is possible recourse by the owners to attempt to prevent this project from happening.

Keep in mind, where an HOA has formally established policies or procedures, they must be uniformly applied and followed. An HOA decision must act within the scope of the following basic principles:

Must act within the scope of is authority under the governing documents; any decision must be based upon a reasonable investigation; must have the best interests of the HOA and homeowners in mind; must be made in good faith; and needs to be reasonable given the information available at the time it made the decision.

In an attempt to resolve this issue without first going through formal processes, the owners should attempt to discuss the matter with the president or a director. If this gets nowhere, the owners can attend a board meeting or call an owners meeting to discuss the problem with the other owners.

If all of this fails, unfortunately, then it would be time to retain local counsel to petition for an order to stop the project from moving forward based on the fact it is not ok with the owners, not in their best interest, not within the boards scope to decide and/or board made an informed decision to move forward with the project.

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Expert:  J. Warren replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons). I am simply touching base. Let me know. Thanks!

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