Board vs Association Authority

Started by MarieL • 3 replies • 1252 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MarieL (Illinois)
Posts: 82

Posted:

I've lived many years in what is an Illinois Common Interest Community.I thought I understood the by-laws and CC&R's, but now I'm not so sure.

My question is , if a statue in the ruling instruments are delegated to the authority of the association, does this mean it requires a majority vote of approval of the membership, to enact o=n?

Who is the association ? And what is the difference between the authority of the board and the association?

Thanking you in advance for any advice you can offer.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You and your neighbors are the Association. The board are those members that are elected by you and your neighbors from that group to represent ALL members on daily responsibilities and pay bills. There are some issues board can vote on and then those that require a majority of members. Typically this is defined in the articles of incorporation as responsibilty of each position.

Changing the rules usually require general membership votes. Board votes involve operations of the HOA. Those are hiring contractors and other managerial decisions. Sometimes it mixes a bit. Like special assessments or raising dues to certain amounts. The board can raise dues to 5% a year in some HOAs without a membership vote a year. However, more than example 5% then members have to agree. Special assessments are decided what for and the amount needed. The membership vote to agree to pay it.

So you have to know the difference what board and general members do vote on. Your question is a good one. The key word is Quorom. That is usual for board member requirement for votes. Outside of that maybe majority vote of members. If you have a PM they are to do what the board tells them to do and typically are NOT members of your HOA. They are paid contractors of your HOA.

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

Well, Marie, your governing documents, probably your CC&Rs, spell out the rights & obligations of the board, which often makes decisions for your association. The CC&Rs also describe the rights of association members (homeowners). These rights can vary among HOAs.

Your bylaws spell out the procedures for voting by the board and for voting by the membership. The procedure for the election of directors They often also specify how many directors your board should have, what officers (usually board members) are required and so on. What % constitutes a quorum of members (h'owners) when they vote, and how many constitute a quorum of the board usually is in your bylaws.

If you could ask this forum a specific question, it will help us reply. Your original post is a little vague.

TimB4 (Tennessee)
Posts: 21,062

Posted:

The authority of the Association comes from the governing documents and applicable State statutes.

Since the Association is not an actual individual, any authority the Association has is exercised (used, implemented, etc.) by the Board of Directors.

The authority and rights of the membership also comes from the governing documents and are exercised by the members via votes at a general membership meeting or individually by actions or through the courts. Typically (in addition to right to use the common areas) the membership may enforce the covenants (through the courts), elect the Board of Directors, amend the main governing documents (CC&Rs, Bylaws, Articles of Incorporation), recall the Board or an individual director and call a special membership meeting for a specific purpose.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here