QUESTION

Can HOA threaten through an amendment, payment for a road paving that was, Board-admittingly, not voted nor approved by the members, but done anyway?

Asked on Aug 15th, 2013 on Contracts - New York
More details to this question:
HOA Board of seasonal area, with 3-4 yr round residents out of maybe 30 residents, of which they are the Board members, dictate all rules and regs. Road paving was done without approval/vote of members, just the Board. Now they demand each member pay for the paving with the threat of being "tossed out" of the HOA. This would not be an issue except the HOA owns property adjacent to the members. Members joined the HOA under the premise/promise, w/written 1st right of refusal to purchase the section adjacent to their own property when the HOA dissolves. The threat via an 'amendment' (a year after the paving was completed), was made that they would 'sell the property to whoever for whatever they want, to do with whatever.' The road was paved so the yr rounders could have it plowed more easily and provide them with a better main entrance. Those of us who are seasonal 'don't care' about either. Road paving was paid for by a Board member & now he wants the members to pay him back.
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1 ANSWER

Michael Stolzar
It would be necessary to review the HOA by laws to see what the members need to approve as well as the power that the officers of the HOA have. Also, did the entity that did the paving have a copy of the by laws or a written agreement concerning the project and payment for it. Absent knowing the answers to the questions asked and/or implied by the foregoing, it is uncertain what the liability of the members of the HOA might be. This is not intended to be legal advice, and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Aug 15th, 2013 at 3:25 PM

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