Can the HOA board take decisions without members’ consent?

In Delaware, Homeowners Associations (HOAs) are allowed to take decisions without members’ consent, although there are certain restrictions. While the law does not require HOAs to obtain a majority vote of members when making decisions on behalf of the association, decisions must still be made according to certain rules. For instance, decisions about the HOA budget must follow the Delaware Nonprofit Corporation Act. This means that the board of directors must form a budget committee and that the budget must be approved by a majority vote. Similarly, the HOA can take decisions regarding elections, but it must still follow the guidelines laid out in the Delaware Nonprofit Corporation Act. However, decisions related to fundamental changes in association operations or long term obligations need the consent of the members. This includes decisions about the sale of property, new rules and regulations, and amending the HOA bylaws. Overall, the Delaware Nonprofit Corporation Act provides the rules and regulations for how HOA boards should take decisions without members’ consent. It is important that HOA boards adhere to the law when making decisions on behalf of the association so that the rights of all members are respected and protected.

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Can the HOA board take decisions without members’ consent?

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