Can our board of directors use broad authority?
I recently fielded a complaint from a co-owner regarding the fact that her association has a declaration that gives the board authority to govern common areas and to suspend a member’s golf privileges even though there is no explicit reference to the golf course in the declaration. She wondered if the board had authority in that area even though the documents were not specific.
Even though authority depends on your documents, the Appellate Court found, in a similar case, that the association had broad authority to properly enforce rules and regulations covering the use and enjoyment of the common areas. The Court took judicial notice of the fact that the conduct of the co-owner in question was inherently dangerous and could have subjected the association to liability if a third person was hurt by a golfer’s actions, which include a list of bad conduct. The Court found that it depends on the documents and in this co-owner’s situation I would suggest that they consult with a community association attorney to review their documents.
