QUESTION:
Our neighborhood needs to have all of the streets repaired. The bids for the
work are about $50,000. Does the
board have the authority to vote on this capital expense? Some members insist
the homeowners must vote on this large expenditure. They argue that some members
may want to make other repairs first.ANSWER:
The board has the authority to make reserve spending decisions without a vote of the
membership. Moreover, as provided for in Lamden v. La Jolla Shores (1999), boards can decide the timing,
method and extent of repairs.