A HOA board member signed a warranty deed accepting undeveloped land (drainage channel, retention pond, undeveloped hike/bike trails) from the developer but there is no record in the Board minutes that the Board approved this agreement? Additionally, 90% of the lots included in the warranty deed had previously been deeded by the same developer to the City a few years earlier.
1. If the Board didn't approve the agreement, is it valid?
2. If most of the land was already deeded to the City, did the developer have the right to then deed it to the HOA?
3. If not, would the entire agreement be invalid or only the lots that were not owned by the developer?
4. What recourse would there be to get out of the agreement since the land provides no benefits to the HOA and only costs a lot of money to maintain (mowing, etc)?
5. If the developer was supposed to install cement hike/bike trails according to an agreement with the City (or plans submitted with their site plan), does the HOA have any way to get the developer to pay for those improvements? Would the HOA then have a requirement to install the cement hike/bike trails?
6. If the HOA has no way to get out of the agreement given the facts above, would there be any recourse against the former Board member under the non-profit management insurance policy if he signed an agreement without Board approval?
Thanks for your help!
1. If the Board didn't approve the agreement, is it valid?
2. If most of the land was already deeded to the City, did the developer have the right to then deed it to the HOA?
3. If not, would the entire agreement be invalid or only the lots that were not owned by the developer?
4. What recourse would there be to get out of the agreement since the land provides no benefits to the HOA and only costs a lot of money to maintain (mowing, etc)?
5. If the developer was supposed to install cement hike/bike trails according to an agreement with the City (or plans submitted with their site plan), does the HOA have any way to get the developer to pay for those improvements? Would the HOA then have a requirement to install the cement hike/bike trails?
6. If the HOA has no way to get out of the agreement given the facts above, would there be any recourse against the former Board member under the non-profit management insurance policy if he signed an agreement without Board approval?
Thanks for your help!
