HOA Installs Speed Bumps Without Membership Vote

Question:

The Board want to ( already voted ) without a discussion of yay or ney from us
( the homeowners )to install speed bumps . we are a community of 340 houses in Martin County Florida . Mariner Village is the PUD. we are against it ( a majority ) please advise . It was never an open discussion involving ” us ” the homeowners .

– Ana

 

Answer:

Hi Ana,

Generally speaking, associations are allowed to maintain and improve the common elements, including shared roads. Whether this action requires a membership vote may depend on the governing documents. Kindly review them to verify what powers the association has when making improvements on HOA roads and whether or not voting is mandatory.

If the HOA is not allowed to do this without a membership vote, you may raise this with the HOA board to remedy the improvement. You can contact them directly or raise the issue at a board meeting. Otherwise, the action may be valid.

If the action is valid, dissatisfied members may voice their concerns by speaking with the board or raising the issue at a board meeting. The Florida Homeowners’ Association Act Section 720.303(2)(d) also allows members to petition the board to address an item of business if 20% of the voting homeowners are involved in the petition. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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