Notably, officers cannot vote on corporate actions based on their status as an officer of the association. While each of the officer positions are often allocated certain responsibilities under the association’s bylaws, the board directs the officers in the performance of their duties and can establish additional officer duties. The board makes broad policy decisions and the officers are given the authority by the board to carry out these decisions.
Importantly, while members of the board often elect officers from amongst the members of the board, officers must not always be board members, or even members of the association, except where the association’s bylaws expressly require this. In most community associations, the members of the board of directors will elect officers as one of their first actions after being elected to the board each year. Ask Your HOA Lawyer Whether Your Bylaws Restrict Qualifications for Directors and Officers Learn more about the duties of these HOA roles. Typical officer positions are President, Vice-President, Treasurer and Secretary. Officers, on the other hand, are elected by vote of the members of the board.
#POA VS HOA HOW TO#
For example, the board determines by majority vote how monies are spent, when to hire and fire employees and contractors, and how to handle a broad range of other responsibilities for the community. Once elected, the board of directors serves as the governing body of the community association, and members of the board are the only parties entitled to vote on actions taken by the association as a corporation. This election commonly occurs at the association’s annual meeting. The homeowners who form the membership of each community association elects members of the association’s board of directors pursuant to the association’s bylaws. A clear understanding of this distinction is essential to proper community association governance.
OfficersĪs with any non-profit corporation, the roles of members of the board of directors and officers of a community association are distinct. If your HOA has a lawyer on retainer or is looking for a strong legal partner, a knowledgeable HOA lawyer will be able to help differentiate these roles.Įlection and Duties of HOA Board of Directors vs. This is understandable because, in many community associations, the association officers also serve as members of the board.
In the community association context, members commonly confuse the roles of HOA board of directors vs.
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