A capital improvement is any significant new common area amenity or substantial discretionary improvement to an existing common area amenity. As described in your post, this appears to be a discretionary upgrade which ought to require HOA membership approval. Generally speaking, any repair or replacement which constitutes a material alteration in the appearance of the development should require membership approval even if the cost does not exceed the 5% restriction. Capital improvements which do not require HOA membership approval are those required for safety purposes as well as government-mandated improvements.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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