Unless your CC&Rs have language whihc specifically prevent the HOA Board from choosing to build all those improvements, then it is within the very broad discretion of the HOA Board to do pretty much whatever it wants in the common area, and spend HOA assessments and reserves any way it wants. There is a exception, when the CC&Rs specifically prohibit something, like the case where the CC&Rs specifically banned trees above the roof-lines, and the HOA Board wanted to allow palm trees.
If you and your neighbors disagree with the decisions of your Board, your most effective remedy is to vote people onto the Board, whom you trust and respect. Get rid of the rascals.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on May 30th, 2017 at 9:02 AM