Reversal of prior Board's decision

[Guest Richard]

The outgoing Board conducted a survey (no vote) for the removal of trees on common property, based on the request of one unit owner. At the June 2014 annual meeting, they announced that the results of the survey were too close to make a call; therefore, they decided to leave said trees.  The new Board installed at the same annual meeting reversed the decision of the prior Board and trees were removed, with no vote of the association, and only a 4-day notice to unit owners.  My question:  Can a new Board reverse any decision made by the prior Board (or for that matter, any decision made by prior Boards)?  Thank you.

[Richard Brown]

A new board can do pretty much whatever it wants to do, including things the former board decided not to do.   Under certain circumstances and by following certain procedures, It can even undo things the former board did do (except for things that cannot be undone, such as if the former board had voted to cut the trees and they were already down and made into sawdust by the time the new board came into office). 

 

However, I must throw in a big caveat:  I don't know what powers your board has.  That power will be spelled out in your bylaws.  I can't tell you whether your board had the power to order the trees cut down on its own or if it is something that must be voted on by the membership.  You have to look to your bylaws for the powers of the board.

[Edgar Guest]

Can a new Board reverse any decision made by the prior Board (or for that matter, any decision made by prior Boards)?

 

It's best not to think in terms of "prior boards", "outgoing boards", and "new boards". There's just "the board" (whose membership may change from time to time).

 

Just as the general membership can change its mind, so can the board.

 

You might also find Official Interpretations 2006-12 and 2006-13 instructive.

[Guest Richars]

Thank you so much, Mr. Brown, for your quick response.  Actually, we did find your caveat in our Rules and Regulations.  Unfortunately, it was not discovered until after the trees were removed.  It specifically addressed removal of trees saying that no tree over 4 inches in diameter (these trees were about 15 years old) should be removed without a 75% vote of the Association members.  Do we have any recourse? Thank you again.

[Edgar Guest]

Do we have any recourse?

 

Plant new trees.