Question:
We have a new HOA Board President who thinks she is “all powerful.” She has refused to disclose if association monies were used for sprinkler repairs in her yard this summer. She wants to do sprinkler tests in her yard to ensure she is getting enough water; won’t say who is paying for the time doing this? Wants to do soil samples of yards (which all vary with sand/clay, etc) to determine the best watering method. (doesnt take into account the trees, weather and other variables that affect yards) The sprinkler committee overspent $60,000 last year with constant watering during a drought. To address our concerns the VP on the sprinkler committee has set up a chat session at a local grocery store so residents can talk to her about this. We stated this should be done at the next general meeting so it is written down and recorded.
The association does inspections of all 120 yards in our association 2x; spring and end of summer to make sure rock beds are not full of weeds, trees are trimmed for the mowers, etc. This is not listed in our bylaws to be done. They issued 62 citations to homeowners this late Spring including
one home that had a cloudy window due to its seal breaking. Granted, we all want nice yards but their are some owners that need time to either hire or have family help them de-weed. There are no fines given, but this seems ridiculous to us. It as if the homeowners are being treated like children. Can the association Board legally do this if not listed in the bylaws. The President walks around under the trees with a pole to measure if the limbs are trimmed high enough. Thanks for your input!
– Jill
Answer:
It sounds like your HOA board president is overstepping her authority, particularly with her refusal to disclose financial details and her insistence on carrying out sprinkler tests and soil samples without clarity on funding or necessity. The HOA board has a fiduciary responsibility to disclose how association funds are spent, especially when it involves personal property like her yard. You can request to inspect the financial records of the HOA, as per the Minnesota Common Interest Ownership Act and the Minnesota Uniform Condominium Act.
Regarding the yard inspections, since these actions aren’t listed in your bylaws, the board’s authority to enforce them could be limited. Typically, an HOA’s powers are governed by its governing documents, including bylaws and CC&Rs. If these inspections and citations are not explicitly mentioned, enforcing them without owner consent could be questionable.
Your suggestion to bring these concerns to the next general meeting is wise, as it allows for transparency, documentation, and proper discussion in a recorded setting. It’s also important to ensure that any actions taken by the board, particularly regarding landscaping, are within the legal scope of their authority.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
