does the membership have the right to vote on a lease agreement approved by the board of directors?

[Guest Shwn]

does the membership have the right to vote on a lease agreement approved by the board of directors?

 

[Timothy]

I don't think we have enough information to answer that.

[grannmomm]

We have an amendment we are trying to pass that says "when you lease your home you must pay the association a $2000 deposit, you will get the deposit back as long as the property is kept up, if the association has to pay to have the house painted, yard mowed, etc, this cost will come out of the deposit.  If the property is kept up to the standard of the CCR's, the association will refund the $2000 in full.  It will take two thirds vote to pass and we almost have enough.  Do you see any down side to this amendment?

 

[Joshua Katz]

Parliamentary procedure is about how you make decisions, not what decisions you make. We can't give you advice on your lease agreements. However, charges for members need to be authorized in the bylaws, unless an applicable procedural law authorizes them.

[Richard Brown]

On 10/15/2014 at 6:44 PM, Guest Shwn said:

does the membership have the right to vote on a lease agreement approved by the board of directors?

This depends in large part on your bylaws and how much power they give to your board of directors. What do your bylaws say about the power of the board?

In most cases, where a board has the power to act on behalf of the organization between meetings of the membership, the membership remains in control and may reverse actions of the board.  However, in homeowner situations, associations, which this appears to be, the board is often given the exclusive power to manage the affairs of the association and the membership doesn't do much other than elect the members of the board.  So, it depends mostly on your own bylaws and any controlling state law.

You might see Official Interpretation # 2006-12          and 2006-13

Edited June 13, 2018 at 03:35 PM by Richard Brown
Changed "situations" to "associations"