QUESTION

Can the board make this vote without giving the full 30 days for members of the community to comment on this proposal?

Asked on Aug 27th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
I live in a community where we have a Home Owner's Association. Like all home owners Associations, we have a management company that engages with the board of directors and advises them on their responsibilities. The board of directors recently suggested some verbiage to append to the covenants, conditions and restrictions. The management company sent out a notice of 30 day comment period. The date on the notice was July 26, 2013, however the date the email containing the notice was sent out on July 31, 2013. Our board wants to move quickly to cast their vote, and a meeting is scheduled for August 27, 2013 to do so. I understand that the date on the "request for comment" notice was dated July 26, 2013, but none of the community members (other than the board) had access to this document, nor could anyone have actually commented on it prior to receiving the notice, since it was emailed out on July 31, 2013. Could I initiate legal action against the board of directors and the management company?
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1 ANSWER

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Maybe, but think about it. There was almost a full 30 days for people to comment. Have they? Will all of the comments received be considered at the meeting. Will any comment that comes in the 1 day period that might be available be any different than comments already received. I do not think a judge will be too concerned about a 1 day missing of the deadline.
Answered on Aug 29th, 2013 at 4:27 AM

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