Situated in Pasco County Fl. Our documents allow for expenditure to operate, repair, maintain, and replace existing items that are obsolete. There is no reserve line item that would allow an arbitrary purchase of personal property, and they wish to use reserves from the general operating reserve, by a simple vote of the Board members. The item in question is a billiards table that will be placed in the clubhouse, and will be available to all unit owners. Looking for an opinion as to whether or not this can be done. Thank you.
The answer to that is "maybe". I have represented more than 100 different associations in my career, and have seen this occur before. Often, clubhouses have their own carve out in documents. If not, see if the clubhouse is classified the governing documents, as to whether it is considered a common element or limited common element. The read what is required to make improvements to whichever classification exists. Also, what may affect the ability to purchase it is whether the clubhouse is revenue generating. The money generated by the clubhouse my be required to be reinvested specifically in the clubhouse.
Pool tables also need to be maintained and protected. So also make sure that this accounted for if ultimately you can't stop it from coming in. There needs to be rules and accountability for those that use it. Create the rules and security before you get the table. Otherwise, you will have reoccurring problems that will cost you way more than the purchase price of the pool table.
Please feel free to contact me to discuss this further.
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The answer is probably, but no one can tell you for sure without reading your COA documents. You will need to hire a condo lawyer to read your documents. The authority to spend COA funds is usually in the Declaration of Condominium, the bylaws and possibly the articles of incorporation. Whether or not general reserve funds can be spent by approval of a majority of the board or requires a unit owner vote depends on that language. Most documents I have read allow the board to spend general reserves on discretionary items for improvements.
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