Question: Our board recently appointed an Architectural Review Committee (ARC). The subject of retractable awnings has come up and the board is currently approving guidelines. However, one has already been installed illegally and does not conform in color and style to the standard. What should we do?

Answer: Since no other awnings have been installed, the board could simply make this violation the standard style and color and kill two birds with one stone. If it is substantially different than the desired standard, then requiring removal and replacement with the standard is the indicated course of action. This is also a great time to communicate to all residents the purpose and authority of the ARC and that approvals involving new standards can't happen over night. Any architectural approval request that involves establishing a new standard should require at least a 30 day review so that adequate thought and consideration can go into the decision.

Question: The old board resigned and appointed a new board to replace it without a vote of the members. Can it do that?

Answer: No. A current board can appoint someone to a board vacancy but it cannot appoint someone to a future vacancy, especially a whole board. Or said another way, once the board has resigned, it has no authority to appoint anyone to anything. A new board needs to be elected by the members at a meeting called for that purpose.

Question: The board bought one of our units with HOA funds without putting it to a member vote. Is that allowable?

Answer: Unless the governing document specifically grant that authority to the board (extremely rare), the answer is “No”. Any time common elements are expanded, it takes a vote of the members and possibly the member's mortgagees and that vote may require a super majority (like 2/3, 3/4 or even 100%).

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