QUESTION: Our HOA is in the process of a
board recall. Once a new board is seated, are they bound by contracts previously
signed by the recalled board?ANSWER:
If the contracts were valid when signed by the prior board, they are binding.
New boards should be cautious about voiding contracts for emotional
reasons, i.e., because they do not like or trust the prior board. New
boards need sound legal reasons for voiding contracts and should seek
legal counsel before doing so.