Who’s Who in an HOA?
A homeowner ’ s association ( HOA ) is an organization that governs a planned community or condominium build. It consists of members, directors and officers and enforces rules across all of the association ’ south common area property a well as rules imposed upon owners and residents .
Homeowners who are members of a homeowners association ( HOA ) may want to understand who the people are who manage the association. To do thus, it is important to know the writing of the HOA board and understand the roles that each member of the board plays .
Each HOA ’ s bylaws can vary widely, and then there is no standard way of organizing an HOA ’ second leadership. however, there is enough consistency across associations in the State of Florida to make an accurate number of the positions in each HOA and to outline roughly what they do .
In Florida, once a person or syndicate purchases a property within an HOA ’ s legal power they typically become members of the association. This automatic membership comes with the justly to vote for the HOA ’ second leadership. It is besides required that all members pay dues, known as HOA fees, to the HOA .
The obligations and restrictions of membership are defined in the HOA ’ s bylaws. chapter 720 of the Florida Statutes defines the rights of HOA members in HOAs across the state .
An HOA ’ s board of directors is a lower flat of leadership made up of people who have been elected to serve in their roles by the general HOA membership. These directors are organized into committees that are responsible for assorted aspects of the management and sustenance of the property. Each HOA ’ s bylaw vary. Directors would typically serve particular terms that are outlined in the association ’ south bylaw. besides, the bylaw would define if dining table members must be members of the HOA and/or live within the HOA ’ s community .
The control panel of directors of an HOA votes on specific issues that affect the HOA ’ s membership and the community governed by the HOA. As a consistency, the board of directors typically meets once a calendar month, though the boards of some associations ( and their individual committees ) may meet more or less frequently .
“Each HOA’s bylaws can vary widely, and so there is no standard way of organizing an HOA’s leadership.”
Officers form an upper grade of HOA leadership and are elected by the circuit board of directors. In many cases, bylaw stipulate that HOA officers must concurrently be HOA directors. While HOA officers have more decision-making authority and greater individual responsibility than HOA directors, HOA officers may have no vote rights in some associations, whereas regular directors constantly do. In Florida, HOA officers are required to take and pass a authentication course, typically within 90 days of being elected ( or appointed ) to their positions. Because HOA officers serve at the pleasure of the HOA ’ sulfur directors, officers can besides be recalled from their positions by the board following a method acting outlined in the HOA ’ s governing documents .
There are four distinctive policeman roles in most HOAs. These are president, vice president, secretary and treasurer .
The president of the united states of most associations manages HOA board meetings using Robert ’ s Rules of Order. Presidents, consequently, typically have the authority to determine the agenda of the meetings and accept or deny motions to discuss topics in the converge. Depending on an association ’ second bylaw, presidents may or may not have voting rights as a director. In some associations, presidents vote lone in the subject of a tiebreaker. Either way, presidents wield the most individual authority in an HOA .
The vice-president is an HOA military officer whose primary character is to support the president. In the most basic common sense, this means that the VP temporarily assumes the function of the president when the president is not present or is differently unable to attend a converge. It may be that the president of the united states is incapacitated or passes away – then the VP takes the position of the president until another board election is held and a modern president of the united states is elected. The bylaw of HOAs differ and many associations may assign extra roles to the vice-president of the association that go beyond simply temporarily standing in for the president of the united states. Many, if not most, associations in Florida have no vice-president as the character is not compulsory. A few others may have multiple vice-presidents .
Secretaries write the minutes of the association ’ randomness meetings ; give notices of meetings to HOA officers, board members and general members ; sign and witness changes to the HOA ’ s governing documents and inform community residents and HOA members of significant bulletins and updates.
Certain notices, particularly person warnings and notices to HOA members, may require the expertness of a property coach or an feel Florida HOA lawyer. In such cases, the repository is probable to delegate the job to another more qualify member of the board or to a contract third gear party. however, if such deputation occurs, the undertaking is however said to be the ultimate responsibility of the HOA secretary .
Another area where an know HOA lawyer can advise an HOA Secretary is in what information to include and not include in HOA meet minutes. The records of meetings can be a indebtedness for the association if either excessively detail, inaccurate, or not detailed enough. last, secretaries are responsible for the sustenance of the HOA ’ s active registration with Sunbiz, Florida ’ sulfur bodied formation representation. If an association repository is diffident or inexperienced, then it would be judicious to seek the guidance of an feel HOA lawyer to resolve their uncertainty .
The treasurer arguably plays the most authoritative character in the management of the HOA. HOA treasurers are responsible for the fiscal master, budgeting and management of the HOA ’ mho assets. They are besides the military officer who typically signs the association ’ sulfur accounts .
many treasurers are accountants or come from another background in professional finance. If not, they may delegate aspects of the association ’ s fiscal report to a CPA firm .
In many cases, treasurers are besides responsible for the collection of fees and fines for an association. Larger HOA ’ s may delegate these tasks to a law firm that specializes in collections or to a property management ship’s company. distillery, as in the case of the HOA secretary, delegating inactive means that the treasurer is ultimately responsible for the job ’ sulfur completion .
South Florida Law
Forming and managing an HOA or condo affiliation can be a mammoth job fraught with indebtedness and full of heavily regulated processes. Be certain not to go it entirely. HOA officers can rely on the experience HOA attorneys of South Florida Law to draft and deliver notices, advise on processes, blueprint changes to governing documents and collect past due fees and fines. We are a boutique-sized law firm with big law firm capabilities, able to provide our clients with both attention to detail and the resources needed to overcome challenges. Are you an HOA officer looking for a legal collaborator ? If sol, reach out to us today at ( 954 ) 900-8885 or via our contact form .