Question:
Can the HOA (without a residential vote- just the 3 person board) decide that buses can no longer come into the subdivision including buses for children with special needs?
– Travis
Answer:
Hi Travis,
It depends. If you live in a gated community where the streets are owned by the HOA, the HOA can generally impose rules that restrict the entrance of certain vehicles. That being said, if such a rule would require a change in your CC&Rs, then a vote from the membership is typically necessary. If it would not change your CC&Rs and only change your operating rules, then the HOA board can usually pass the rule with just a board vote.
However, since the bus is for children with special needs, the HOA may be required to accommodate it based on the Americans With Disabilities Act. Bring this to the attention of your HOA board. When in doubt, the HOA should seek legal advice from a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
