the board authorized payment for a replacement garage door for a board member. there are 3 people on the board and our development has 30 townhomes. i found out about the expensive ($1800) door when I got notice of my dues being increased to $270/month. I wrote the property management company, they claim they are within their rights to interpret the by-laws any way they please. I think it is a conflict of interest and i want to see the money paid back to the association funds and the dues increase eliminated. by what means could anyone say a garage door is common property
The association should only spend money as authorised in the governing documents. The bold declaration stating the management can interpret as they please is not accurate. You can have the financial and voting records records audited and bring any malfeasance to the board.
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An Association has to act in accordance with its Bylaws and CC&Rs. If they fail to do so, you as a Member can bring a legal action to compel the Association. I recommend you seek legal counsel to do so, should the issue not resolve itself. To this end, you should be able to recoup any attorney fees in an action as most CC&Rs will have a prevailing party attorney fee provision. You may want to team up with other homeowners in your Association on this effort.
Generally speaking, an individual's home and garage door is not considered common property. But yet again, you will need to review your CC&Rs to determine how that is defined.
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