Reading your Declaration is looked at as if it were just legal mumbo jumbo. It's not! Did you read the contract when you bought your condo or house? Did you read the lease when you rented anything? As a reasonable responsible person, I'm sure you did. The Declaration isn't any different. If you don't really read it you have no idea if your board members a pulling a fast one.
First off, read the entire thing. Do not just look up specific topics or you'll find yourself no closer to answering the questions at hand. In a community everything is affected by and effects something else. Nothing is cut and dry so take your time and think about it. Don't just look at things from your point of view, consider others. When you do, you'll start to see the big picture. Putting you so far ahead of your board of directors and in some cases the property manager (they aren't as experienced as one would think).
Not to state the obvious but you would be surprised at the number of people who skip the most important part. Start with the definitions and use the maps attached as a reference. If you don't have the maps then call the management company and get all of them or go to the county recorders website and look them up. There should be s map of the common areas and maps breaking down the property into sections, etc. These maps are critical to your understanding of the documents. Mainly because they also include definitions for terms used in the governing documents. Using these tools read every word of your governing documents.
Take note when you see what the association is responsible for, the homeowner, & the board. Take note what authority the board has and what requirements the board must follow when creating committees and making decisions.
You'll find that most associations are set up in such a way which gives the ownership more control than you think. For instance mine says, "the association (that is the entire ownership) acting by (collectively as a whole) and through the board shall ....." To give you an example, at the memberships request the board shall cause normal maintenance of the common areas to be done. To some this means they can spend whatever they want and do what they want. This is expected from someone who thinks that the ability to interpret the document however they chose. To mean they can change the meaning of the words as they are defined. I read this as meaning; if a single plant needs replacing the exact plant can be replaced by the board without having a huge membership discussion. I do not believe that it means the board can spend a large sum of money on replacing live or dead plants with a different plant. Since this would not be a replacement of a plants but a fresh installation of plants causing a redesign of the landscaping. The ownership has every right and desire to know what the finished project will look like before it is done. Including knowing where the money is coming from. Landscaping plants are NOT a reserve items thus cannot be paid for using those funds. Five, seven, or even eleven board members are not the majority of the owners, thus unable to make that kind of decision.
It is for this reason that you have to read the document word for word. Board members will skim it and look specific things up. They never read the entire thing and don't get the big picture. Which is why they have no vision, frustrate owners, act unreasonable, and lack business judgement. They also make decisions based on emotions and impulse. Both of which can come back and bite everyone in the rear.
I for one am tired of paying the price for the boards bad decisions and lack of care. They wanted on the board, then have the nerve to think they can do whatever they want without consequence.
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