Q: Can my California HOA borrow money from reserves without a membership vote?
A: Yes. Civil Code 5515 allows HOA boards to borrow from reserves without member approval to meet short-term cash flow needs or other expenses. That authority is broad, but it is not unlimited. The board must comply with specific notice, disclosure, and documentation requirements before and after making the decision. The HOA must also avoid violating its duty of prudent management when deciding to borrow from reserves.
Keep in mind that while a membership vote is not required, Civil Code 5515 imposes strict "repayment" requirements that bad HOAs frequently ignore. If your HOA is violating California’s reserve-related laws, you must act, or you could find yourself having to cover for their misappropriations in the form of massive special assessments.
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