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Before you sign: comparing vendorsLesson 1 of 27

Academy/Procurement, Bids & Contracts

When to obtain multiple bids

The real reason boards collect competing bids, and where the actual number, if there is one, comes from.

There's no single law requiring HOA boards to get a set number of bids. Getting competing bids protects the board itself: courts extend the business judgment rule's protection to decisions the board actually investigated, not just the outcome. Check your governing documents or purchasing policy for any required threshold before your next contract.

01

Why bidding protects the board, not just the budget

When a board decision goes badly, a roof leaks, a landscaper walks off the job, the question a court asks isn't whether the board picked the right vendor. It's whether the board investigated before deciding. The business judgment rule shields a director from liability over a decision that turns out badly, as long as the director exercised real care in making it.

"The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director's actions fall within the parameters of the rule."

Source: Wex, "business judgment rule", Cornell Law School, Legal Information Institute

A board that never asked for a second price has nothing to point to as evidence it looked. That's why obtaining competing bids matters as proof of the board's process, not as a box to check before hiring anyone.

02

There's no universal law setting the number

A common myth: "the law requires three bids." No general statute sets that number for HOA boards. Some associations require three competing bids above a set dollar amount because their own bylaws or a board-adopted purchasing policy says so, not because state law does.

Industry guidance for HOA boards reports a common practice range of $5,000 to $10,000 as the point where boards start requiring competitive bids, but that's reported practice, not a legal floor. Check your CC&Rs, bylaws, and any purchasing policy your board has adopted. If nothing there sets a number, that's a gap your board can close with its own resolution, not a rule to hunt for in state code.

03

What skipping it actually costs a board

One HOA law firm's blog describes a case where a board member signed a security contract alone, without bringing it to the board at all, directly against a resolution the board itself had adopted requiring competing bids. The firm's point: a board can't claim business judgment rule protection over a decision it was willfully uninformed about. The rule protects an investigated decision, not a shortcut. That's a fiduciary failure regardless of how the vendor's work turned out.

Comparing bids also means documenting the reasoning, not just the winning price, so the board's later decision has something to be judged against.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

The board's president signs a $40,000 landscaping contract without bringing it to the board, even though the association's adopted purchasing policy requires three competing bids over $10,000. A member later sues after the work fails. What is the president's strongest defense?

Two directors want to skip getting competing bids on a $60,000 roof replacement because they already like one contractor. What is the fiduciary risk if the board proceeds without comparison?

A new board member asks where the "three bids" rule comes from. What's the accurate answer for most associations?

Sources

Related elsewhere in the Academy

Procurement, Bids & Contracts

Ready to compare what you collect? See how to line up apples-to-apples bids before you decide.

Whether any specific number of bids is required, and at what dollar threshold, depends on your association's governing documents and any board-adopted purchasing policy, not on a uniform state or federal law.