The HOA president plays a crucial role in the association’s operations, leading the charge and serving as a linchpin of the board. For board members vying for the role, it is important to understand the responsibilities and limitations that come with the title. Similarly, homeowners must be aware of the president’s duties to ensure accountability.
What is an HOA President?
The president of the homeowners association serves as the leader of the board. They are elected by the homeowners, and then the board members elect or appoint them to the role of president.
The president is essential to the continuous and successful operations of any community. They guide the board in decision-making, coordinate with the management company, and ensure the association runs smoothly.
In a condominium, the setup remains the same. Every condo association has a board of directors, with the president serving as the head.
What are the Duties of an HOA President?
For those who are eyeing the role of president, understanding the duties involved is paramount. This way, potential leaders can prepare themselves and see if they have what it takes to fill the position.
Here are the typical HOA president responsibilities.
1. Presides Over Meetings
The president is responsible for managing all meetings, including annual meetings, board meetings, executive sessions, and special meetings. They help establish the agenda, call the meeting to order, and keep discussions on track. This ensures that meetings don’t stray from the topic at hand.
2. Represents the Association
The president acts as the association’s official representative. They usually liaise between the HOA and third parties, such as vendors, managers, and lawyers. They often speak on behalf of the entire board, typically after discussing the issue with the other directors.
3. Collaborates With Fellow Directors
The president isn’t an island. They work with their fellow board members, discussing issues and voting on decisions. They ensure that all directors collaborate smoothly and have a chance to provide input. It is important for the board to present a united front, and the president aids with that.
4. Signs Legal Documents and Checks
In most associations, the president serves as the official signatory on contracts, insurance, and other legal documents. For example, in Washington, DC, if two condominiums wish to merge, the president of each association must prepare, execute, record, and certify the agreement (Section 42–1903.19).
Moreover, many communities also require two signatures on bank forms, checks, and withdrawals. The president is typically one of the signees.
5. Delegates Responsibilities
The president may assign roles and responsibilities to other directors and committees. This helps break down larger projects into more manageable tasks. Of course, it is best not to micromanage, as that will only slow things down. Being president requires a certain level of trust in one’s collaborators and supporters.
6. Breaks Tie Decisions
The HOA board is responsible for making decisions that benefit the community at large. In their role, the president must aid this decision-making process by encouraging productive discussions and opening the floor for votes. In case of a tie, the president often serves as the tiebreaker.
7. Assembles Committees
Many associations organize committees to share the board’s burden. Committees are particularly helpful in larger communities, where there are more homes or units to manage. For example, an Architectural Review Committee can help the board monitor for violations, examine existing architectural standards, and review modification requests.
The president, with the board’s help, is often responsible for recommending or appointing committee members. That said, in some communities, this job is delegated to the vice president.
8. Performs Typical Board Duties
In addition to the unique responsibilities that the president holds, they must also perform everyday board duties. These include setting and managing the budget, collecting dues, enforcing the rules consistently, and communicating with residents.
Homeowners Association President FAQs
Does the HOA president get paid?
Generally, the president of the HOA does not receive a salary or any form of compensation. They don’t receive special treatment. That means the president must pay their dues and follow the rules, just like everyone else. Many governing documents also prohibit board members, including the president, from accepting gifts. This can be seen as a conflict of interest.
Does the HOA president have absolute power?
No, the president does not hold absolute power. Just like other board members, the president’s authority has its limits. They can only act to the extent permitted by state laws and the governing documents.
Can the HOA president make decisions alone?
No, the president generally can’t act unilaterally, especially on major decisions. While they do lead the board and facilitate discussions, most decisions require a majority vote from the entire board of directors. Acting alone may be a breach of their fiduciary duty.
Who does the HOA president report to?
The president generally does not report to a single person. That said, they are accountable to both the HOA board and the association’s members (a.k.a. homeowners).
Who can be an HOA president?
The qualifications for board president will depend on the community’s bylaws. More often than not, any homeowner in good standing may be elected. Managers can’t serve as board members, and tenants may not be able to do so if the bylaws don’t allow it.
Can the HOA president be sued?
Yes, the president of an HOA or condominium may be personally named in lawsuits. Of course, D&O insurance, the governing documents, and the Business Judgment Rule provide protection from liability. That said, if the president acted with gross negligence or breached their fiduciary duty, a court may find them individually liable.
Can an HOA president be removed?
Yes, the board president may be removed from their position. The requirements and procedures for removal will depend on the association’s bylaws. Typically, the process involves a petition from owners and a membership vote.
That said, removal shouldn’t be the first move. If homeowners or fellow directors have a problem with the president, it is best to approach them before anything else. Sometimes, raising concerns at a board meeting or requesting a special meeting can help clarify matters without resorting to removal.
A Worthwhile Yet Demanding Job
Understanding the HOA president’s role helps board members and homeowners hold the leader accountable. It is also essential for anyone who wishes to run for the position. That said, being president comes with several responsibilities and requires a significant time commitment. Anyone who assumes the role must be prepared to perform the duties.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
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