QUESTION

Possible misuse of HOA funds.

Asked on Nov 08th, 2012 on Business Law - Florida
More details to this question:
I oversee a community garden within a gated community. One garden member fell out of compliance, was contacted, failed to comply within the time period and forfeited the plot. She has since re applied for another plot and is on our waiting list. This persons' father sits on our board of directors. Our board is now prepared to fund our garden with an additional 2500.00 to build out more plots so that she can get back in the garden. I think this is a terrible misuse of association funds and am prepared to resign my position rather than be a party to this. Once the garden was built out and handed over to me and my committee, we were told we were on our own as far as any more funding was concerned. I chose Business Law lacking a more specialized choice. Thank you so much for your time.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Generally speaking, the board of directors of a HOA alone decides how the funds of the HOA will be spent. Courts do not second-guess such management decisions except under very unusual circumstances, which your facts do not raise.
Answered on Nov 09th, 2012 at 4:05 AM

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