Can an HOA board forgive debt or waive assessments without a homeowner vote

Board Authority to Forgive Debt in an HOA

Direct Answer

Generally, no — a board of directors typically does not have unilateral authority to forgive assessments or debt owed to the HOA without homeowner approval. However, the specific answer depends on the governing documents.

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Why This Matters Procedurally

The Core Problem

Forgiving debt owed to the HOA is essentially giving away association assets. Under standard corporate and HOA law principles:

• The board is a fiduciary — it must act in the best interest of all homeowners
• Forgiving money owed reduces funds available to all members
• It may constitute unequal treatment of members, which is typically prohibited

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What Governs This Question

You must check in this order:

Document	What to Look For
State HOA Statute	Many states explicitly limit board power to waive assessments
CC&Rs	May prohibit unequal treatment of members
Bylaws	May define limits of board financial authority
Board Resolutions	Any existing collection policies

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RONR Perspective

Under RONR §47, officers and boards have only the authority granted to them by the governing documents. Any action beyond that authority is subject to being ruled null and void (RONR 12th ed., §23).

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Red Flags That Suggest Improper Action

• No homeowner vote held
• No explicit bylaw authority cited
• Debt forgiven selectively (one homeowner vs. others)
• No formal board resolution recorded in minutes

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What Homeowners Can Do

1. Request to see the minutes where this was decided
2. Demand the board cite their authority in writing
3. Call a special meeting of members to address it
4. Move to rescind the board's action at a membership meeting
5. Consult an HOA attorney — this may violate state law

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⚠️ Important Caveat: HOA law varies significantly by state. Consult a licensed attorney in your jurisdiction for legal advice specific to your situation.