WHO'S WHO

Association Manager

• Advise and provide administrative, managerial, and operational counsel to the Board of Directors
• Exhibit professionalism and loyalty to the principal (the Board)
• Exercise diligence in performing duties on the principals behalf
• Account for financial activities of the Association
• Perform onsite property inspections
• Solicit and evaluate bids for association services
• Supervise maintenance activities and contractor performance
• Oversee and authorize payment for primary association services
• Know and abide Bylaws, recognizing the State agency that supervises the community associations

The Board of Directors

President

• Chief executive officer and leader of the association
• Presides at all meetings of the board and membership
• Executes legal documents on behalf of the association
• Sets meeting agendas and controls all meetings
• Represents the board before the residents
• May have nominating, if not appointment, responsibility for all committees

Vice President

• Performs all of the duties of the president in his/her absence
• Typically shares some of the burden of the president regarding appearances, liaison, public hearings, etc.
• Usually assigned liaison responsibility to specific staff or contractors, and to specific committees

Secretary

• Prepares and distributes board and membership meeting agendas, minutes, and materials referred to in minutes
• Maintains minutes and book on all meetings
• Maintains book of resolutions
• Maintains all official records, including official correspondence, contracts, membership roster, etc.
• Receives, verifies, and maintains all proxies
• Attests, by signature, to the legitimacy of certain documents

Board of Directors Perspective

• Maintaining the value of the property and a good quality of life for the residential community
• Governing smoothly
• Enforces rules
• Establishing and keeping budget

Homeowners Perspective

• Most care a great deal about residences
• Will want service from manager and decisions from Board that will provide a good quality of life
• Problems may arise when expectations are too high or not realistic; this can occur when interests are too specialized or unique

Managers Perspective

• Working in balance with homeowners, board, and realities of management companies business(possible friction)
• Problem-solver
• Multi-task oriented

---

GOVERNING DOCUMENTS

• All documents that regulate the community life
• Documents may vary depending on type of Association (condo, townhome, etc.)
  • State law
  • Declaration of Covenants or Master Deed
  • Conditions and Restrictions
  • Bylaws
  • Rules and Regulations
  • Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

Legal Docs for Homeowner Associations and the Hierarchy of such Documents

• Subdivision Plat-describes the location and nature of the common property and the individual lots
• Property Deeds-comprise the individual lot deeds and the deeds to common property which give a legal description of the property
• The Declaration of Covenants, Conditions, and Restrictions-the declaration of CC&R’s is the collection of covenants imposed on all property within the development and provides:
  • For automatic association membership of all owners and the basis for voting rights
  • The obligation of each owner to share in funding the cost of association operations
  • Certain restrictions (architectural control and other rules) on the use of the property and the association’s enforcement powers
  • Sets forth the power and authority of the association to own and maintain the common property and to make and enforce rules
• Articles of Incorporation-creates the association as a legal entity under state corporate statute; defines the board powers and responsibilities of the association and its membership; and, sets forth the process for creating the board of directors, voting system, etc.
• Bylaws-implements, in specific detail, the provisions of the CC&R’s and the Articles of Incorporation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process
• Rules and Regulations-sets forth the operational powers or provisions and the use restrictions adopted by the association

Applicable Civil Rights Laws

• Prohibition against racial discrimination as stated by the Civil Rights Act of 1866
• Equal Credit Opportunity
• Fair Housing Amendments Acts, 1988, applies to sale of residence
  Does not prohibit discrimination by owners, if selling or renting as long as they own 3 or less homes
• Board is prohibited from discrimination in exercising its 1^st right of refusal
• Association must abide by laws prohibiting discrimination against families with kids
• Persons with disabilities (at own expense) must be allowed to make accommodations per the Americans with Disabilities Act, 1993