HOA Takes Vote on Purchase Without Disclosing Funding Sources

Question:

Our POA board is sending a proxy to the owners requesting that they approve the purchase of a generator for our Clubhouse.
There is no mention of how it would be funded. Should that not be in the voting proxy.
It appears the way it is written it gives the POA board total descretion on how to pay for it even if means increasing the 2024 budget to pay for it.

– Jennifer

 

Answer:

Hi Jennifer,

Kindly review the governing documents to verify what the association’s duties and powers are with regard to purchases or capital improvements. The governing documents may outline the voting and funding requirements, as well as any provisions on disclosure. Depending on what’s stated, the board may or may not have the discretion to make funding decisions. Apart from this, you may also raise the concern by speaking with your fellow board members. For further assistance, kindly consult a lawyer.

 

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

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