Board Certification

Started by CathyW5 • 3 replies • 1312 views

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CathyW5 (Colorado)
Posts: 2

Posted:

Hi everyone ... Thanks so much for all your helpful information when I asked a question about CAI. I really appreciate it. So now I have another one.

As a new board member, do I need to sign anything before I start the position? Is there any Board Member Certification I would need to sign? Will I get in any trouble if the CC&Rs are not followed? Are they applied loosely or should I be very strict about them?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Cathy,

Have you been asked to sign anything? If not, the answer is probably no.
However, check the applicable state statutes and your governing documents to be sure.

Best advice I can offer is to read and understand your governing documents and applicable laws. Then try to comply with them to the best of your ability. If your unsure about something in a meeting, ask that it be checked out or explained.

How you enforce your CC&Rs is typically up to the Board. Normally an Association has the authority to enforce but not a requirement to enforce (each and every member has this same authority but most want the Association to be the enforcer and not themselves). Therefore, if the Association chooses to enforce they should enforce equally and fairly.

Unless you knowingly violate State laws or the governing documents, volunteers are typically protected by the The Business Judgment Rule. The membership may remove you from the Board with or without cause. A member could also always bring legal action against you. However, in addition to the Business Judgement rule, Directors and Officers (and committee members) are indemnified against legal action by the Association. Typically through the Associations Director and Officer (D&O) insurance policy (I've also heard it called a "management liability" policy).

Hope this helps,

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

Tim gives sound advice, Cathy. Once you read or at least skim your governing documents, one way to get a sense of how strict or relaxed the board is is to read minutes going back a couple of years. Now that you're on the Board, you are permitted to read executive session minutes. In them, you'll find how violations are handled by the Board. I

f, of course, no one ever is called to a hearing for an alleged violation, it either means that your HOA members all are model citizens or that the Board is lax.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cathy

Spend time reading the posts on this site. You will soon know more about running an association then do 99.99% of those presently running one.

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