Can members override board's decision

Answer 1

Potentially, yes.

Your governing documents are specific about the process that member/owners must follow in order to override a budget or special assessment decision by the board. Typically, the uber-majority, such as 67% of the membership vote is required.

Again, your governing documents detail specific issues over which a 90% vote is required to approve, or potentially disapprove a board vote.

Primarily, as a member/owner it's your responsibility to understand the issue and the rationale that the board used in order to make its decision. You'll need this level of expertise in order to enroll other members in your override efforts.

Finally, please appreciate that the board's 'duty of care' requires that they make decisions in the best interests of the whole association. They are guided by your state law that governs the association, whether homeowner, condominium or co-op.

PS: If you're looking for a technicality, search your past board meeting minutes to confirm that all the procedures were followed in meetings where board votes were made. These include but are not limited to:

• Was notice given properly?
• Was a quorum present?
• Was the motion made appropriately?
• Seconded appropriately?
• Vote counted properly?

If your board failed to follow the procedure defined in your governing documents or state association law -- or non-profit law, their vote may already be invalid.