QUESTION: When the board approved a
large sum of money ($420,000)
to re-do landscaping for the community, there
were no bids and I do not feel the community was clearly informed, can
we overturn this act?
membership has no veto rights over the board's spending any more than
citizens have veto rights over the deficit spending in
Washington D.C. Instead, members have indirect veto power through annual
board recalls. If enough members are unhappy with the board's actions, they can elect directors who agree with their fiscal policies.
. If the board acted outside of its authority
, members have the right to go into court to reverse the board's action. However, if members wait until contracts have been entered into and monies spent, their challenge may be moot. The board would likely raise a laches defense
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter