HOA Board Responsibilities in California

Question:

I am a new Board member and would like some clarity on how to operate compliantly and what is required.

– Nam

 

Answer:

Hi Nam,

Board members usually have several responsibilities. They have a duty to act in good faith and to act in the community’s best interest. Here are some of their duties and responsibilities:

  • Keep and familiarize themselves with the governing documents
  • Manage and keep track of the HOA’s finances and accounting
  • Collect dues and assessments
  • Enforce the community’s rules and architectural guidelines
  • Attend and participate in meetings including board, annual, special, and executive meetings
  • Decide or vote on community matters
  • Maintain the community’s common areas
  • Resolve disputes
  • Communicate with homeowners regarding community matters
  • Address member questions and concerns

The duties of each individual board member may also depend on their role. The president often acts as the communicator among the officers. They preside over meetings, set meeting agendas, sign important documents, and co-sign checks.

Meanwhile, the vice president supports the president. They may have other roles including overseeing bid solicitation, acting as a liaison with the management company, or serving as a liaison or representative in HOA committees.

On the other hand, the secretary delivers meeting notices, takes meeting minutes, and keeps the HOA’s records. They may also handle newsletters and help develop meeting agendas. Meanwhile, the treasurer handles the finances, including dues collection, payment issuances, payable management, budget preparation, and financial report creation.

It may also be helpful to work with an HOA lawyer to remain compliant with the Davis-Stirling Common Interest Development Act. The act contains certain requirements regarding accounting, meeting management, and others.

Here are also some resources that may help:
https://www.hoamanagement.com/fiduciary-responsibility-of-hoa-board-members/
https://emspm.com/hoa-board-member-roles-explained/
https://www.cedarmanagementgroup.com/functions-of-an-hoa-board-of-directors/

 

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

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