Good definition of what a Board is

Started by TimB4 • 7 replies • 1841 views

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TimB4 (Tennessee)
Posts: 21,059

Posted:

I found this on an Associations website. Thought it was a good explanation of an Associations Board.

The Board is ultimately responsible for the oversight of the community association ("the buck stops with the Board"). Although the Board may retain and delegate some of its duties to volunteers, contractors and professionals, the Board is still ultimately responsible for the duties it may have assigned to others.

KerryL1 (California)
Posts: 14,550

Posted:

It looks like a good way to say that HOA boards' are responsible no matter how much or to whom they delegate. Don't think it's a definition of HOA boards per se.

NpS (Pennsylvania)
Posts: 4,216

Posted:

To me it depends. If you delegate responsibilities, does a statement like this invite disgruntled people to circumvent the structure that you put in place? Some people on my Board don't mind being approached. Others do. Also, some contractors would not appreciate being cut off at the knees when they are acting according to Board instruction.

Sikubali jukumu. Read all posts at your own risk.

RichardP13 (California)
Posts: 1,767

Posted:

I have this on the website I developed for my association.

Board of Directors
The association has responsibility for its common elements as well as the management and operation of the association's business affairs--all in accordance with standards established by the governing documents created when the community was first developed. To the extent that an association (typically a non-profit corporation) has such authority and control, it is its board of directors that carries out these duties and responsibilities.

Members of the board of directors of an association serve without compensation unless the bylaws of the association provide to the contrary. The board's authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the documents governing the association.

Our CCRs states:

The management and the complete control of the affairs of the Association and the Project itself will be the direct responsibility of the Board of Directors, which is to consists of Members of the Association, who shall be elected by the total membership of the Association.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By RichardP13 on 12/04/2014 4:24 PM
I have this on the website I developed for my association.

Board of Directors
The association has responsibility for its common elements as well as the management and operation of the association's business affairs--all in accordance with standards established by the governing documents created when the community was first developed. To the extent that an association (typically a non-profit corporation) has such authority and control, it is its board of directors that carries out these duties and responsibilities.

Members of the board of directors of an association serve without compensation unless the bylaws of the association provide to the contrary. The board's authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the documents governing the association.

Our CCRs states:

The management and the complete control of the affairs of the Association and the Project itself will be the direct responsibility of the Board of Directors, which is to consists of Members of the Association, who shall be elected by the total membership of the Association.

Richard
What do you think about condensing it all down to this:

The Board of Directors is responsible for the management and complete control of the affairs of this Association and this Community in accordance with our governing documents and all applicable laws. Members of our Board of Directors are elected by the total membership and serve without compensation.

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

I'm seeing descriptions of what a Board does (or should do!) but not what a board IS, which is Tim's subject line.

Maybe what an HOA board IS is a legally constituted body elected, by.... to carry out the duties and obligations of the Association as specified in its governing documents.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KerryL1 on 12/04/2014 8:54 PM
I'm seeing descriptions of what a Board does (or should do!) but not what a board IS, which is Tim's subject line.

In rereading, you're right.

CyrstalB (Maryland)
Posts: 457

Posted:

A board of Directors for an HOA is responsible for carrying out the written word of all governing documents that belong to said HOA. Their duties are already outlined in the CCR's, Bylaws and AOI.

The BOD for ours will have different responsibilities that yours or any of the other thousand HOA's.

The BOD is solely responsible for all of it's actions, whether by committee or volunteer or paid PM. At the end of the day they are on the hook for the good, the bad and the ugly and will be held accountable for any of the bad or ugly regardless of who did it.

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