As the elected leader of the board, the HOA president is responsible for ensuring that the community runs efficiently. But what exactly does the HOA board president do, and what limits are placed on their authority?
Duties of an HOA President
The duties of a homeowners association president can vary based on the specific association’s governing documents, but some typical responsibilities include the following:
Presiding Over Meetings
The HOA president is in charge of board meetings. They must ensure that discussions stay on track and that all attendees have input. The HOA president also needs to maintain order during the meeting.
The HOA president also enables the board to make proper decisions by ensuring meetings are structured properly and conducted in an orderly manner. By hearing everyone out, each member can reflect and make informed choices.
Creating Meeting Agendas
The HOA president is also responsible for creating the agenda. They are in charge of drafting and distributing meeting agendas in advance of board meetings. They must ensure that all key topics are included.
Having an agenda provides meetings with structure. Handing them out beforehand also allows other board members to prepare for the meeting. Both considerations help keep board meetings efficient and productive.
Enforcing Governing Documents
As the leader of the HOA board and the entire community, the HOA president must thoroughly understand the community’s governing documents. They also need to know any state or federal laws that may apply.
With this knowledge, the HOA president can confidently know how to correctly and consistently enforce rules and identify violations. They will be able to coordinate with the rest of the board when it comes to sending out notices or issuing fines, all while making sure it sticks to the community, state, and federal rules.
Overseeing HOA Operations
The HOA president tends to oversee the entire operations of the neighborhood, which means they must know how to run things well.
Part of this responsibility is vendor management. The HOA board president should work closely with existing third-party service providers and any property managers contracted by the HOA. This also includes evaluating new contractors and creating new, fair vendor contracts to ensure the HOA’s well-being.
The HOA President also oversees special projects for the community. These may include planning, sourcing, and implementing projects like capital improvements or community enhancements.
Representing the HOA
The HOA president usually also serves as the community’s representative when working with local government officials, legal experts, and other external parties. This may mean that the president will represent the community in city council meetings or during negotiations with developers. They will also need to work with attorneys on legal matters concerning the community.
The person elected as HOA president will need good leadership skills to do this. They also need to be able to easily navigate external challenges for the community.
Appointing Committees
The HOA board usually delegates other community-related tasks, such as architectural reviews or social events planning, to HOA committees. Given this, the HOA president has the authority to create such committees.
By distributing the workload to committees, the HOA president also eases the burden on HOA board members. Splitting tasks also lowers the risk of burnout while ensuring that most operational aspects are well-managed.
What Powers Does a President Have in an HOA?
The HOA president has significant authority but is not all-powerful. Their power comes from the board and is defined by the association’s bylaws.
However, the HOA president cannot act unilaterally on major decisions. Most decisions require board approval, and financial transactions must follow established procedures.
Can an HOA President Make Decisions Without Consulting Others?
While the title “President” seems to mean they’re the top authority in an HOA, their power is not absolute. An HOA president can’t make any decisions alone. They will need board approval, except for emergencies.
While the president can influence how the board runs, the entire HOA board still needs to vote on major decisions. These include financial expenditures and allocations, changes in policies, and enforcement actions.
There are cases when the HOA president oversteps his bounds. In these cases, the board and residents can challenge their actions through the dispute resolution process or, in worse cases, with legal action.
HOA President Salary: Can They Receive Compensation?
Does an HOA president get paid? Like all the other board members in an HOA, the HOA president is typically not given any compensation. The roles are voluntary, so they willingly give their time to serve the community.
In rare cases, however, some HOAs may provide small stipends or reimbursements for qualified expenses. But those must be documented, disclosed, and approved by the entire board.
Can an HOA Run Without a President?
Regarding technicalities, yes, an HOA can still run without an HOA board president. However, it may prove to be challenging.
There are cases when an HOA president is suddenly removed or decides to quit. In those cases, the VP will temporarily lead the HOA. If there’s no replacement available, the board may vote to appoint a new HOA president or call for an election.
Having no HOA president can leave decision-making in shambles. The HOA board may struggle to enforce rules and run everyday operations smoothly.
Can an HOA President Be Sued Personally?
Yes, an HOA president can be sued personally under certain circumstances. If the HOA president acts outside the scope of their authority, engages in illegal activities, or misuses HOA funds, they could face legal action.
However, most HOAs carry Directors and Officers (D&O) insurance. This protects board members from personal liability if they act in good faith and within their official duties. If an HOA president acts negligently or abusively, homeowners can challenge their actions through legal or administrative means.
Who Has More Power, the HOA President or the Board?
The board as a whole holds more power than the HOA president. While the HOA president leads the board and may have specific duties, they do not have the authority to override board decisions.
The board is a governing body that votes on rules, financial decisions, and community policies. The HOA board president’s role is to implement these decisions, not to act independently.
Can the HOA President Access or Control HOA Finances?
The HOA president usually doesn’t have direct control over the association’s finances. While they may help oversee financial decisions and work with the treasurer, all expenditures and financial transactions will need approval from the entire board.
Financial management is often delegated to a treasurer, a professional management company, or a finance committee. If the HOA president uses HOA funds without approval, it may result in legal consequences and removal from the board.
What if the HOA President is a Bully?
If an HOA president is abusing their power, engaging in harassment, or creating a hostile environment, there are several steps homeowners and board members can take:
Document the Behavior
You should keep detailed records of inappropriate actions as much as possible. This record should include the dates, times, and specifics of incidents. You should also collect emails, messages, or written correspondence that can showcase concerning behavior.
Having a paper trail can provide essential evidence if formal action is needed. It also helps establish a pattern of misconduct that can be used to support complaints.
Contact the Board
Bring concerns to other board members and discuss possible resolutions. Having a collective response may help address the issue without escalating tensions. If a group of board members or homeowners share the same concerns, it strengthens the case for intervention. HOA board members can propose a discussion on the president’s behavior during a meeting or request a formal review of their actions.
File a Formal Complaint
Submit a written complaint to the HOA board or management company, outlining the president’s misconduct and requesting appropriate action. This complaint should be clear, factual, and include any supporting documentation. If the HOA has established procedures for handling complaints, following those guidelines can help ensure a structured approach to resolving the issue.
Vote to Remove the HOA President
If allowed by the bylaws, you may try to initiate a vote to remove the HOA president from their position. Homeowners or board members may need to follow a specific procedure outlined in the governing documents.
This may include obtaining a petition with the required signatures or calling for a special election. Removing an abusive HOA president may require persistence, but restoring proper governance is necessary.
Seek Legal Action
If all other measures fail and the president’s behavior violates HOA rules or laws, affected parties may consult an attorney to explore legal options for holding the HOA president accountable.
Legal intervention may be necessary if the homeowners association president engages in harassment, discrimination, or financial mismanagement. A lawyer can advise homeowners on the best course of action, whether filing a lawsuit, requesting mediation, or seeking intervention from local authorities.
Leading the Board
The HOA president plays a critical role in maintaining order and enforcing rules within an HOA community, but their powers are not unlimited. While this is a leadership position, the board has greater authority, ensuring that decisions are made with checks and balances.
Personalized Property Management offers HOA management services around Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more information!