Common Terminology

Roles and Responsibilities within Community Associations

 

Property Manager of Community Associations

  • Advisory Role: Offer advice and administrative, managerial, and operational counsel to the association’s governing body.
  • Professionalism and Loyalty: Exhibit professionalism and loyalty to the principal, which is the Board of Directors.
  • Diligence: Exercise diligence in performing duties on behalf of the Board.
  • Financial Accountability: Account for financial activities as outlined in the Management Agreement.
  • Onsite Inspections: Conduct onsite property inspections.
  • Bid Evaluation: Solicit and evaluate bids for association services.
  • Maintenance Oversight: Supervise maintenance activities and monitor contractor performance.
  • Payment Authorization: Oversee and authorize payments for primary association services.
  • Bylaws and Regulations: Be knowledgeable about and abide by the association’s Bylaws, recognizing the State agency that supervises community associations.

The Board of Directors

  • Depending on the management agreement, some responsibilities may be delegated to a managing company.

President

  • Leadership: Serve as the chief executive officer and leader of the association.
  • Meeting Management: Preside over all meetings of the board and membership.
  • Legal Authority: Execute legal documents on behalf of the association.
  • Agenda Control: Set meeting agendas and control meeting proceedings.
  • Resident Representation: Represent the board before residents.
  • Committee Responsibilities: May have nominating or appointment responsibility for committees.

Vice President

  • Deputy Role: Perform all duties of the president in their absence.
  • Supportive Role: Typically share some of the president’s responsibilities regarding appearances, liaison, public hearings, etc.
  • Liaison Assignments: Usually assigned liaison responsibility to specific staff or contractors and specific committees.

Secretary

  • Documentation: Prepare and distribute board and membership meeting agendas, minutes, and related materials.
  • Record Keeping: Maintain minutes and a book on all meetings.
  • Resolution Record: Maintain a book of resolutions.
  • Official Records: Maintain all official records, including correspondence, contracts, membership roster, etc.
  • Proxy Management: Receive, verify, and maintain all proxies.
  • Attestation: Attest, by signature, to the legitimacy of certain documents.

Treasurer

  • Budgeting: Collaborate with staff, contractors, and committees to develop and submit the annual operating budget for approval.
  • Financial Records: Maintain accurate records of all association financial transactions.
  • Funds Disbursement: Maintain a roster of disbursements of funds, as authorized.
  • Financial Reporting: Prepare periodic financial reports.
  • Audit Arrangements: Arrange, subject to board approval, an independent audit of financial affairs.

Perspectives of Board, Homeowner, and Manager

Board of Directors Perspective

  • Maintain property value and quality of life for the community.
  • Ensure smooth governance.
  • Enforce rules.
  • Establish and manage the budget.

Homeowners Perspective

  • Care deeply about their residences.
  • Seek good quality of life through manager services and board decisions.
  • Potential issues arise when expectations are too high or unrealistic, especially when interests are highly specialized.

Manager’s Perspective

  • Work in harmony with homeowners and the board.
  • Act as a problem-solver.
  • Multitask efficiently.

Governing Documents

  • All documents that regulate community life.
  • Document types may vary depending on the type of association (condo, townhome, etc.) and state laws.
  • These documents include Declaration of Covenants or Master Deed, Conditions and Restrictions, Bylaws, Rules and Regulations, Plats of Survey, and Easement Agreements.

Basic Condominium/Townhome Legal Documents

  • State Enabling Statute: Permits the creation of the condominium/townhome form of ownership and prescribes ownership interests, rights, obligations, and more.
  • Subdivision of Condominium/Townhome Plat: Describes the common elements’ location and nature and the units.
  • Condominium Declaration or Master Deed: Defines units, common elements, and covenants imposed on the property.
  • Individual Unit Deeds: Comprise individual unit deeds.
  • Articles of Incorporation: Create the association as a corporation under state corporate statute.
  • Bylaws: Implement the provisions of the Declaration and Articles of Incorporation regarding association operations.
  • Rules and Regulations: Set operational powers, use restrictions, and adopted provisions enforced by the association.