general question

Started by LaskaS • 11 replies • 554 views

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LaskaS (Texas)
Posts: 1,025

Posted:

hi,

I have a basic question. I've read in a lot of places that the board can assign certain duties to a board member ..

are there any duties that a board can not give a single board member authority over?

It seems to me that the point of a board is to make sure there is not unilateral action going on.

however. I see a lot of comments where the bylaws or documents state the board can assign most anything other than power of attorney.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is just typical team behavior. The board may let a board member head a project but the overall board has the authority to put that project in place. No one board member is to have more power than anyone else. It's just the President position is the head of the HOA as it's overall representative.

Former HOA President

SueW6 (Michigan)
Posts: 814

Posted:

Unless there’s a motion for ACTION, then it should be considered as an advisory job only. For example, I may be tasked with the job of finding a plumber and getting bids, but not to hire or fire. That would be the board’s role.

If you can be more specific, it would help.

BillH10 (Texas)
Posts: 1,217

Posted:

Not to my knowledge Laska, I am not aware of nor have I seen any such limitations.

But, assigning duties and granting authority are two different things.

It is common, especially in larger associations, to delegate/assign responsibilities/duties to specific officers/members of the Board: committee liaison, project research, single point of contact for certain vendors, etc. Sometimes more than one officer/board member is so assigned if the magnitude of the task suggests doing so would be appropriate.

Doing so does not convey decision making authority.

ChadH3 (Alabama)
Posts: 50

Posted:

There should never be anyone making major decisions unilaterally. A Board can grant certain authority, like letting the lawn care vendor make necessary repairs up to $250 without going to the Board and asking for permission or letting the treasurer make small purchases on the HOA card for basic necessities without a full vote of the Board.

If there's something larger going on, like one person approving a major contract without a vote, then that would definitely be an issue.

LaskaS (Texas)
Posts: 1,025

Posted:

sue,, ok here is an example.

Can the board vote to give the president authority to handle and make decisions for common area mainteance and repair..up to say.. 5000.. without a board vote or discussion beforehand?

We do have a on site full time property manager and 3 full time mainteance men. I didn't think a board member was supposed to be the go to person to make decisions on what is done or not done..

what i did think was fine, was the property manager having a main point of contact on the board. But that contact would then bring the issues that required a decision to the board to make a decision.

example.

we had a boiler that needed a repair. the president announces at the end of the meeting that the boiler needs a repair and it's going to cost 1800. He says it's a leak.

I know nothing about boilers, so I didn't really know what questions to ask. I had no idea whether 1800 was reasonable or not. I had no idea if the repair the president had decided on was the best repair option or the only one he was told about, or was it the one he alone decided on.

I started asking some basic questions about boiler operation. So I wouldn't just be blindly approving an 1800 repair, without knowing exactly what the problem was and what was being repaired.

Some of the other board members told me that the board had already given Mr.X do take actions and make decisions regarding repairs and maintenance or improvements using his own discretion. up to 5000.

I stated, what's the purpose of having a board, if you all are just going to let someone else pretty much choose and approve everything .

I didn't think it was appropriate to give a single board member authority to decide on an issue.. decide whether it would be addressed or not, decide how to address it and all the board was every told was, this needs fixing, it's going to cost this much...

I do agree what some other posters said, assigning duties is fine.. but granting authority I don't think is fine.. unless it is something that is de minimis.

LaskaS (Texas)
Posts: 1,025

Posted:

Oh,, I forgot to add. When i brought up that I didn't think that one board member should be given that kind of authority. I Believe it was the owner of the management company(in our case The managnement company,, just does our accounting, but does offer advice on other things if asked) (we have a separate different person who is the employee of the HOA and an onsite manger).

the owner of the management company said the board can vote to assign anyone it wants to handle things that are within the boards scope of authority. So if the board votes to have one board member make all the decisions and handle everything and just report back to the board. then its allowable.

I disagreed. I said, that defeats the purpose of having a board..

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am sorry but why do you think a HOA hires an MC? The very purpose your talking about. They choose to pay someone else to do the work. So why would some boards not want to let someone who wants to do the job do it? All they have to do is give their feedback of yes or no. It's not like everyone wants to do all the work or any of it. If I had someone on my board that was good at something I'd let them be good at it. Put trust in that and vote yes what they wanted to do. My job is done by voting yes or no for it to happen. Now I can sit back and live my life in quarantine without phone calls..

Former HOA President

SamE2 (New Jersey)
Posts: 310

Posted:

I see nothing wrong with the approach of a board member having authority to approve up to $5000 in operating expenses. What are your annual operating expenses? I might not agree with a board member having authority to approve capital spending but I see nothing wrong with operating. It is a pain to get the board together to discuss day to day issues.

SueW6 (Michigan)
Posts: 814

Posted:

Look at the budget.

If there is $500 in the budgeted flower fund and one board member is assigned landscaping oversight, why would choice of petunias or begonias go before the board? The landscape committee head would do that.

Still, at 5k, you would think that bids would be reviewed at the board level. If it was an emergency and this company had been the boiler inspector all these years, board may just give him the benefit of the doubt.

Be sure you know the difference between micro managing as opposed to making board decisions on the big picture.

LaskaS (Texas)
Posts: 1,025

Posted:

Sue. Yes I agree with what you said. Melissa there is nothing wrong per se with letting an individual board member handle a specific task, if the board agrees to it. But if any other board members, albeit in a minority, would like to review the bids and scope of work BEFORE the decisions are made and contracts are entered. I believe that is exactly the purpose of the board. Also.In our case.operations were supposed to be handled by the property manager. not a board member. Thats the reason we have a full time property manager. We don't have a management company that handles operations. our MC does just the accounting.

Anyway, It's a moot point. The old property manager is gone. The New property manager is working out well and The president is no longer making operating decisions, the manager is.

Its one thing to offer to gather information and present it to the board, it's another to be keeping information to themselves and making decisions. That's my opinion. The president was doing that before. When I questioned it, the response was that the board can give any member the authority to do anything the board is responsible for, as long as they vote. I felt that just because a majority of the board was happy to have someone else do their work and oversight for them, that doesn't make it right. I felt, that while it may be technically permissable, it defeats the purpose of having a board.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Laska,

You probably should ask questions about how, prior to committing yourself in front of the Board.

Frankly, this last example is likely the reason why you continue to have as many issues as you do - it is EXACTLY the way many communities are effectively managed.

Learn first, then speak.

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