By Roberto C. Blanch / Published April 2024
Understanding the roles and responsibilities of effective condominium and HOA board members is critical. Community association directors should always be scrupulous and dedicated volunteers who wish to do their part for the effective administration and oversight of their enclave. They are contributing their time to benefit their own property values as well as those of their fellow owners, and they should each focus on fulfilling the designated duties of corporate officers.
In fact, in the absence of provisions to the contrary in a condominium association’s governing documents, Florida law stipulates that it must have a president, secretary, and treasurer to perform the duties such officers typically perform in corporations. Most condominiums also typically include a vice president.
While the individual serving in the capacity of president of the association does not cast a vote that has a greater weight than the other directors or officers, he or she is often responsible for setting the tone for effective administrative oversight. The president is required to sign many legal documents and official association records such as new amendments and contracts, so she should be highly involved and knowledgeable about all such matters and agreements.
Presidents serve as the chairperson of association board meetings, during which they should encourage cordial and informed discussions and also ask pertinent questions of the community’s professional experts. Associations should always turn to highly experienced property managers, attorneys, insurance agents/brokers, financial professionals, and others for their expert guidance and representation, and presidents often serve as the primary liaison with the professional experts.
The vice president should be able to step in and carry out the president’s duties in her absence, so a vice president should be considered essential for most communities. He should also provide general support for all of the association’s efforts as needed by the president and other fellow board members as well as property management and other professionals.
The secretary should work to maintain accurate records and documentation for the association. This includes recording the minutes for board and membership meetings, announcing meetings and preparing agendas, managing association records and documents, verifying proxies, and managing owner notices and communications.
The treasurer should focus on all budgetary and financial matters. In addition to preparing and managing the association’s annual budget, the treasurer should also help to maintain all accounts and ensure all transactions are documented in comprehensive financial records that cover all income, expenses, and reserves. He or she should also help to oversee matters involving delinquencies and collections, reserve studies and funding, and financial reports and audits.
Condominium and HOA board members each play unique and important roles in their efforts for the success of the community they serve. By asking them to do their part as prescribed under Florida law and/or their governing documents, their activities and results can be as focused, efficient, and successful as possible.
Our firm’s attorneys write about important matters for associations in our Newsroom blog at www.SiegfriedRivera.com/blog, and we encourage directors, members, and property managers to visit it and subscribe to our newsletter to receive all of our future articles.
Roberto C. Blanch
Shareholder, Siegfried Rivera
Roberto C. Blanch is a shareholder with the South Florida law firm of Siegfried Rivera and is board certified as an expert in community association law by the Florida Bar. He is based at the firm’s Coral Gables office and is one of the most prolific contributors to its blog. The firm also maintains offices in Broward and Palm Beach Counties, and its attorneys focus on community association, real estate, construction, and insurance law. For more information, visit www.SiegfriedRivera.com, email RBlanch@SiegfriedRivera.com, or call 305-442-3334.