Was there a "meeting of the minds" in this group HOA situation and therefore a...
...binding legal contract? A group of condominium homes in a Homeowners Association (HOA) undergoes a severe storm where 20% of the homes sustain significant roof damage requiring replacement but the other 80% remain relatively intact beyond a few minor repairs.
The HOA meets with a majority of members present needed to form a Quorum for purposes of voting. While repairs to the significantly damaged roofs is not questioned, one member moves that all roofs be not just repaired but completely replaced at the same time. The motion carries without the members knowing exactly what this project will cost.
The roofer requires payment in advance to purchase materials so every member of the HOA is sent a big bill based on their square footage. Several members object to the high price and attempt to block the re-roofing of their individual homes on the basis that it is unnecessary and the group was never told the price in advance. Under the terms of the HOA, individual homes can be assessed for group projects on the basis of majority rule. But was there a MEETING OF THE MINDS in this group vote situation such that there was actually a LEGALLY BINDING CONTRACT between the homeowners and the HOA Officers contracting with the roofers on the homeowners' behalf, without the homeowners knowing how much the project would cost? If forced to pay or face lien, foreclosure and eviction, do the homeowners have legal cause against the Officers?
Note: To induce the homeowners to vote in principal to re-roof all homes at the same time, the Officers made material misrepresentations of fact to the homeowners on the need to re-roof at roofs at this time.
[Correction to last sentence: "...the need to re-roof ALL roofs at one time."
...binding legal contract? A group of condominium homes in a Homeowners Association (HOA) undergoes a severe storm where 20% of the homes sustain significant roof damage requiring replacement but the other 80% remain relatively intact beyond a few minor repairs.
The HOA meets with a majority of members present needed to form a Quorum for purposes of voting. While repairs to the significantly damaged roofs is not questioned, one member moves that all roofs be not just repaired but completely replaced at the same time. The motion carries without the members knowing exactly what this project will cost.
The roofer requires payment in advance to purchase materials so every member of the HOA is sent a big bill based on their square footage. Several members object to the high price and attempt to block the re-roofing of their individual homes on the basis that it is unnecessary and the group was never told the price in advance. Under the terms of the HOA, individual homes can be assessed for group projects on the basis of majority rule. But was there a MEETING OF THE MINDS in this group vote situation such that there was actually a LEGALLY BINDING CONTRACT between the homeowners and the HOA Officers contracting with the roofers on the homeowners' behalf, without the homeowners knowing how much the project would cost? If forced to pay or face lien, foreclosure and eviction, do the homeowners have legal cause against the Officers?
Note: To induce the homeowners to vote in principal to re-roof all homes at the same time, the Officers made material misrepresentations of fact to the homeowners on the need to re-roof at roofs at this time.
[Correction to last sentence: "...the need to re-roof ALL roofs at one time."