Often non-HOA people walk through the unlocked entrance and use the dock. Does the HOA have any liability if an unauthorized person is injured while on the lake lot?
Attractive nuisance usually comes up when children play in an area where they could be injured. Lake water or the dock would fall under this area of liability.
Since you have one gate already locked, how difficult would it be to place a lock on the other gate? However, even if you lock the gate, children could climb the fence. You must take as much action as reasonably possible to prevent unauthorized persons from entering the area.
I would suggest board members discuss the matter with their insurance agent and attorney. The insurance agent may provide alternate solutions to prevent unauthorized entry into this area.
Do we have the right to ask for a vote on the new documents? If so what percent of the association is needed to pass the vote? They also deleted the need for a quorum at their meetings. Is this allowed?
I do not believe the members have the right to give the board full control over any modifications to the documents. Therefore, can the board enforce the changes? Keeping in mind that the documents determine certain title rights, I am not sure that the members can just say to the board “do anything with my title you want.”
You need an attorney to determine if that vote was proper, misleading, or really gave the board carte blanche rights. When you modify the documents, I always recommend that an attorney draft the changes and guide you through the approval process.
As to the percentage of votes needed, that would be determined by the statutes, documents, and what changes you are voting on. The quorum for meetings is regulated by the statutes and your documents. I would recommend that the board seek legal guidance.
W.W., Bonita Springs
As an owner you have a right to complain and suggest that the board also include the agenda for the meeting. It is just simply good operating procedures. The board should be happy to provide the members with that information in their meeting notice.
If they do not include the agenda it can present an appearance of secret actions. It is best to keep the members informed with good communicating procedures. The meeting notice for condominiums requires that an agenda be posted with the meeting notice. I suggest that HOA boards do the same or at least have copies available at the meeting for the members.