Property Management Company responsibilities

The property manager works under the board's direction, so while he or she might suggest caution, it's really up to the board to read their documents to understand what the association is supposed to do and what powers the board has. Remember the property manager isn't an attorney - if the board has questions, it should consult the association attorney.

As you might guess, some attorneys are better than others, and the same is true of property managers. Sadly, both can take advantage of a board's lack of knowledge or laziness,and sometimes hunger for power. Occasionally, you see all three at work.

HOA documents is where you start - sometimes boards get in trouble becausethey don't read them- too much legal mumbo-jumbo and they ARE badly written because they were designed with the developer in mind. Developers don't give a hoot as to what happens to the community after it's turned over to the homeowners - they made their money and now its on to the next thing..

You're correct that property managers and board members alike should be aware of state and local law because state and local law usually trump the documents. However, there may be some instances where local and state law defer to HOA documents, sometimes because those laws are tougher than the statutes or the law only applies to HOAs established on or after the date the law takes effect.

This is why it's best to take a look at the documents every 5 -7 years to see what may need updating so tbe community documents keep up. It's also why education is vital to homeowners because they grow up to be board members. During my 10 years on my board, I was fortunate enough to serve with people who knew what they were talking about and not afraid to admit when they didn't - and then they'd go and find out.

We've also had some very good property managers that would speak up if they were concerned the board might be doing something ill-advised and attorneys who held special training every year for their HOA clients where they'd educate them about changes in the law.

Yoh don't say what your board did, but now that it knows, they need to stop it right now. It's possible your property manager didn't know either, so instead of pointing fingers, you may be better off figuring out how you got to this point and what you'll do to prevent it from happening again.

Rule #1 - put in the work to educate yourselves. I usually recommend looking at the CAI website to get some of its educational materials. There may be local chapters in your area you can join to attend workshops and meet people from other communities and exchange ideas.

Rule #2 don't let the property manager or attorney do your thinking for you. You chose to serve on a HOA board and it's not a garden variety block club, so take it seriously. You're a nonprofit organization responsible for thousands of dollars and common area, and serving isn't for sissies (just like old age!) Do your best, apologize if you're wrong, keep learning and remember this is about caring for your neighbor as much as you care for yourself. Everyone wins when you work together and create a clean, safe, attractive community.

The Board should keep themselves aware of changes in the law.
Simple internet searches can give them this info.

Property manager should also keep themselves aware of changes in the law.
Since a property manager is being paid, they can not provide legal advice (including interpretation of a new law) to the Board.
To do so could be seen as practicing law without a license.

Members should keep themselves aware of changes in the law.
They are the checks and balances to the board.

Expecting that your board brought the association into compliance after you informed them of the changes, I would say that the issue is resolved.
Hopefully, your board also learned a lesson to keep informed of changes to laws that affect the Association.

No. Lawyers who are hired by HOAs have a legal responsibility to know and understand this law.

Be aware that courts understand that HOA directors are volunteers. Statutes and a great deal of case law have dictated that volunteer directors be treated generously when it comes to knowing the law; business judgment; and the like. Only when a director has committed an actual crime (prosecutable under the state's criminal code) might a court crack down on a director.

Suppose an owner believes that a board has violated the law. Suppose the violation is clear. The owner informs the board of her belief. Suppose the board continues to violate the law. The owner then takes the board and HOA corporation to court, to stop the violation. If no crime per se is involved, all a court will do is order the board to follow the law and possibly order the HOA to pay money for any quantifiable, clear damages that resulted from not following the law. (Damages are a huge subject in law. The cost of repairs for penny-enny damage or hurt feelings are not likely to be reimbursed.)

I agree with every sentence of the above.