Null and Voidable Decisions in an HOA: What’s Allowed and What Isn’t?

HOAs make numerous decisions, such as those about maintenance, cost-sharing, or building changes. But what if a decision is unfair or violates the rules? This is where the distinction between null and voidable decisions becomes important.

What is a null decision?

A null decision is legally invalid from the moment it’s made. This occurs when:

• The decision violates the deed of division or the law.
• Essential rules for decision-making, like meeting quorum, aren’t followed.

Example: The HOA decides on a new cost-sharing arrangement that contradicts the deed. This is null and has no legal standing.

What is a voidable decision?

A voidable decision is valid until a court overturns it. This happens when:

• The decision isn’t made according to the correct procedure.
• The decision is unreasonable or unfair.

Example: A meeting isn’t properly announced. A court can invalidate the decision if an owner files a complaint.

What can owners do?

• Null decisions: These can be ignored outright.
• Voidable decisions: These must be challenged in court within one month.

Why does this matter for agents?

Agents should advise clients about potential issues with HOA decisions that aren’t properly made. This helps prevent legal conflicts after a sale