M.K. from Volusia County, Florida writes:
Dear Mister Condo,
Our HOA President stated that he was allowed approve and spend money on a nature preserve cleanup that only borders 35% of the wealthy homes (his included). As a homeowner do we get a vote on this?
Mister Condo replies:
M.K., just because the HOA President says so doesn’t make it true! It is entirely possible that your governing documents allow the Board (headed by the President) to make certain discretionary expenses on behalf of the association. However, if he has overstepped his authority and spent association funds that he should not have spent without a vote of the Board or all of the home owners then it may be time to call him on his actions. At the very least, if he is not acting in the best interests of the association there is no reason to return him to office at your next election. Review your governing documents and see what powers he (and the Board) have when it comes to spending the association funds. I imagine he is limited to very small percentage if any because all funds are accounted for in the annual budget which home owners had a say in approving. Spending money on a nature preserve clean-up that is not owned by the association sounds like a noble idea. However, spending everyone’s money on the project without giving them a say sounds sketchy at best. I wish you a quick resolve to this situation. All the best!