Are HOA Documents Enough to Turnover the HOA?

Question:

The developers and the HOA management company just released responsiblity of the HOA in our area to homeowners and most if not all of us have never been on a board and we have no idea on how to get started. They sent copies of the following. Is this suppose to be sufficient information to get a board up and runnining for people with no knowledge of being on a board?

The Declaration for the Duplexes
The Articles of Incorporation for the Duplexes
The Bylaws for the Duplexes
The SS-4 for the duplexes (that you will need to open a bank account, etc.)
Common Area & HOA division maps
John Warren’s resignation as the Board of Directors (as you have taken over that responsibility after the annual meeting)
Resident list of all Duplex owners
TO DO list

 

 

Answer:

Hi,

Typically, when developers turn over the neighborhood to the homeowners, they must hold an election to elect the board members. Once elected, the board members must fulfill their duties according to the provisions of the governing documents given by the developer. They must enforce the community’s rules, collect dues, hold meetings, manage the community’s finances, and fulfill their maintenance obligations by hiring vendors.

While the documents provided by the developer are necessary and helpful, they may not be enough. It may be helpful to educate yourself on the board’s responsibilities. Here are some resources that may help with managing a community:

https://www.hoamanagement.com/fiduciary-responsibility-of-hoa-board-members/
https://www.cedarmanagementgroup.com/functions-of-an-hoa-board-of-directors/

The board may fulfill these duties on its own or through the help of committees, but it may also hire an HOA manager or management company to help with community operations. It may also be helpful to seek legal and financial advice from an HOA attorney and accountant.

If you’d like to hire an HOA management company or attorney, you may find one through our online directory: https://www.hoamanagement.com/

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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