Condo Association Management Blog

absolutely not master assn at the point has done so but it is illegal altogether

In NJ it would take 2/3 of the vote. 
What state are you in?

The answer should be in your CCRs. This is addressed in my assn's CCRs under the article entitled "Transfer of assn land and changes in use" which gives the BOD the sole authority to make any changes ". . .and in connection therewith, construct, reconstruct, alter or change the buildings and other improvements thereon in anyu manner deemed necessary by the board to acommodate the new use. . ." 
 
 
 
At any rate, it would not be a decision of a club, but rather the board of directors.

can the hoa build a storage area on the second floor of a condo. 
 
and start renting the area. without  
 
owners and city approval. 
 
how can we protect the structure of our building

We've had the same kinds of problems. Our Master Deed and Bylaws clearly require both a 75% vote of all owner AND a 90% vote of all mortgage holders for any alteration or improvement.  
 
 
 
In spite of this, the board continues to ignore these provisions by spending over $200,000 in the past few years on these kinds of ultra vires projects.  
 
 
 
Which is why 7 of the 79 owners of the 84 units are suing all board members as individuals. Details at our website.  
 
 
 
This kind of HOA board abuse has got to stop at ALL HOAs.

I agree that it needs to have a 2/3 vote. Another thing to consider in regarding to "raising money". Most associations are non-profit, therefore, cannot make a profit either by renting out storage units paid for by all the owners, or raising funds to build, etc. This should all be accommodated through the budget process for capital improvements, which need to have the 2/3 vote.

Tiny, 
 
 
 
I must disagree with you. Being a nonprofit corp does NOT mean the assn cannot turn a profit only that if they do raise funds they most likely will have to pay income tax on the profits. 
 
 
 
As for needing a 2/3 vote that will be outlined in the CCRs. Not all assn's are alike nor have the same requirements for member votes. In my assn, he board would have sole authority to use a portion of the common area to build a clubhouse, etc. And, there is no requirement for a member vote if the board spends over a certain amount of money,which is a requirement in many assn's. Bottom line, it does no one any good to generalize -- every assn has it's own restrictions, etc.

Mary--I doubt your statement but it matters kittel because your State condominium Law contains the details on what the board may or may not do and If you's download and scan through yours I believe you shall find the Boards action violates your state law.

Scott, 
 
 
 
What statement of mine do you doubt? Also, I should have mentioned that I live in a planned community and there is no state law regulating the topic we are discussing. If you would give me the statute number I can take a look and see what you are talking about. BTW, since we don't know what state the OP is in, AZ state law may not even apply. I only stated what my CCRs say to show that not all CCRs are worded the same.

Putting up a Tennis building/court. 
 
If the original plat contained a buliding/court or any other items like club house, park etc, no approval is needed from the Assocation, funding would reguire approval.