The association is (usually) a non-profit corporation, so board members are volunteer corporate officers.
Their duties are spelled out in your governing documents. In addition, the state law defines the duties of the individual offices of corporations. State law may also define the legal responsibilities of board members.
The Community Association Institute publishes a series of best practices reports, which outline options for board members. These offer ideas for governance, community, and finance, all of which are the responsibility of the board.
See below, for more detail from CAI.
Your board can answer your questions specifically and provide you with a copy.
In our little corner of the world we define/clarify a homeowner as the owner of record on the deed. So, yes, in our neck of the woods, you would have to actually be listed on the deed to be considered the "homeowner" that is eligible to be on the board, if our governing documents restricted directors to association members. If you are not listed on the deed, you are not a member of our association, even though you may be married to the person listed on the title/deed. If you're name isn't on there with him/her, then you are not a qualified owner/member of the association. However, our directors are not required to be association homeowners/members, so a spouse of a member could run for our board of directors.
A county that manages an organization
No. The management company implements policy. It is the Board of Directors, responsive to the will of the members, that sets policy. It's the difference between the butler and the homeowner!
Read your governing documents to determine what tasks board members -- specifically -- can delegate to a vendor. One danger for associations is to appear like a vendor-rich association, where over time, vendors essentially take over operation of the community. This happens when volunteer board members are ill-equipped, uninterested, dis-engaged and so forth: not involved in operations -- delegating everything.
A nominating committee is appointed by the board of directors to research and propose prospective members to the full board when there is a vacancy on the board of directors. No prospective board members shall be proposed unless approved by the nominating committee.
That depends on who 'we' might be. From your question, it's unclear who's a non-board member, and who's the manager, and who is 'we'.If you are other members of the board, you can enlist the support of your association's attorney to compel the (non-board member) people in possession of the association's assets -- the mail box and the bank account -- to turn them over.If the manager is a property manager with whom the association has a contract, remind the manager that s/he is a vendor, not an owner, not a corporate officer, but a paid partner.If you are an owner, you need to work through your board and proceed as above.If the board is fractured and this is a rift among board members, go read your governing documents and discover your responsibilities -- all of you, to perform your duties with a legal responsibility to the association.Invite your association attorney to your board meeting and require that all board members attend. State the facts, bring the evidence and work with the attorney to free the association from this situation so that assessments can be collected and bills paid.
Selective enforcement by boards can lead to unhappy owners/ residents/ board members. Best practices dictate that all enforcements be equal. You can send a certified letter to the board asking for an explanation for their selective enforcement. This way, you can begin to build a paper trail that can show that the board fails in its duties to preserve, protect and maintain the real estate assets all owners own in common. You can add that being elected or appointed to a position of trust means that actions must be trustworthy.
Your answer depends on the size of the association. You'll need a different number of board members for an association with 100 units than you'll need for one with 3,000. Generally, your governing documents state the number of members required for the board, and for ease of voting majorities, this number is best an odd number.
If you mean a board member of a condominium association, a co-op or a home owners association, probably no. Read your governing documents to verify that regents/ board members cannot receive payment for services, especially if the source of revenue is assessments that all owners pay.
Read your governing documents to determine whether or not board members can be paid in your association.
Boards are expected to spend monies according to the annual budgets which owners ratify yearly. There may be extra-ordinary expenses, which the board must explain.
The chairman may be the leader if there is no president. The chairman may be an honorary position. Your governing documents are specific about the duties of the officers. As well, your state law is also specific about the duties of the officers if your association is a corporation.
Generally board members own units. Rarely, especially during the early years of an association, the developer may include board members who are not owners or residents. Read your governing documents to determine board membership criteria. It is rare that an HOA will elect a non-owner to its board, although it is not unheard of.
Generally, yes. Your governing documents may preclude any payment to directors for their services.
No. The association board members, presumed to be owners in the association, are governed by the CC&Rs, the By-laws and the rules the same way all owners are governed. Often, sadly, board members choose to ignore these agreements that they make with all other owners, especially when they are elected by members. Read your governing documents to determine how to gather owners to collaborate with each other to document rules violations by board members and keep that documentation in board meeting minutes. Sheding light on these issues, sometimes is curative.
It depends on whether the member is a member of the board, or a member of the association. If, for example, the developer is the board president and has appointed a member of the board who serves at the pleasure of the developer, the developer may indeed be able to dismiss such a member. Your governing documents detail whether or not this is possible and the process by which it is completed. If a board member has been elected by the members/ owners, then no: the President board member may not dismiss another board member. Board members can only be recalled by a vote of owners. On the other hand, if owners are members and not members of the board, then, no: all owners are members of the association until their property is sold to another buyer. They cannot be dismissed by anyone. Your governing documents are clear, and if they are silent, your state law governing associations is clear about the rights of boards and their responsibilities and authorities, depending on the status of the association. As well, if the association is a corporation, state law governing that type of corporation may apply.
You can find the answer in your state's condominium law.In Washington State, for example, an elected board member has the responsibility to 'protect, maintain and enhance' the assets owned by the association.Go to your state's Web site and locate the state's condominium law.Then, specifically, your governing documents will expand on your state's documented duties and list the duties of a trustee or board member for your association.
Are the Board of Directors of a homeowners association prevented from revealing to the homeowners, at the annual homeowners meeting, legal action taken against a homeowner in violation of covenants.
Your governing documents detail the process you can follow to elect a new board.
Your state insurance dept regulators and the board members of the ins company.
Read your governing documents to determine whether or not an an Emeritus board member, you have a vote. Usually:If you are a unit owner, you can vote to elect board members and on other matters requiring a membership vote.If you are not a unit owner, you have no vote, except possibly, when you have been appointed to the board by the developer or hired by the board as a board member.Only board members can vote on board matters.If your governing documents give ex-board members voting rights on current board matters, then you may be able to vote.
The duties of the mother board in the Baptist church include assisting with set up of the communion table, serving as missionaries and outreach in the community. They also provide wisdom and prayers to members of the church.
Condominium ownership is a form of real estate ownership that provides for common areas owned by all owners who also own a unit. The association is the business of operating the community, and can be a corporation, commonly, a non-profit corporation. Every owner is given a set of governing documents -- at least CC&Rs and By-laws -- so that an owner understands the legal obligations of ownership. The By-laws detail the operation of the association, and includes the process by which leaders -- the board of directors -- are elected. As well, a recall of board members is possible and the process is also detailed in the By-laws. No, you cannot 'fire' the association. You can elect board members, and recall board members. These people can 'fire' association managers and other vendors.
When you write 'association', you are referring to a person. Without a person, the 'association' has no voice with which to make any claims. If the person sits on the board of the association, then the person is part of the association -- as are all of its members. The person is a director and/or officer of the association. The association cannot act independently of a person, a board -- some physical entity. In the case of a claim against the association, persons from the board will be involved in the claim resolution, the directors and/or officers. The D&O coverage covers people who hold these offices in the association.