Resolution of the Board at the 11/15/2011 meeting.

There is a long-standing dialog regarding the proper responsibility of the HOA  and of the Homeowner, for repairing certain items, for instance, what happens when an exterior leak causes interior damage.  The debate goes on, partly motivated because what has been done in the past may not be the correct thing. Gary’s legal advice to the Board is that, regardless of what may have been done in the past, the Prospectus and By-Laws outline the legal authority of the Board to do things.  That being clearly defined, the Board policy should be to act accordingly. Even though there are equitable arguments as to what has been done in the past, it does not justify continued action that is not consistent with the Prospectus and By-Laws.  The Board should authorize an actual formal, written legal opinion on this matter.  Then the Board can make a decision based upon a legal opinion as to what policy to adopt.  The intent is that this policy should remain consistent for future Boards.  John Burdo moves to authorize Gary to provide a written opinion as to what HOA and Homeowner responsibilities are regarding repairs. Maureen Carlo seconds.  Passed.