Find Your Lane… And Stay There

By Kelly G. Richardson, Esq., CCAL

Whether a committee volunteer, director, service provider, or manager, we all have specific roles in the HOA community. If we stay in our lanes, traffic flows smoothly. For example, once I realized that my role wasn’t to ensure boards followed my advice—but simply to provide them with the best guidance possible—my career became significantly less stressful and far more rewarding. As I often tell my clients, “I don’t live here, I don’t vote – I only provide the best advice I can, based upon my experience.” Each member of the HOA team has a specific role to play, and when everyone stays within their lane the whole community benefits.

Managers – Managers carry out board directives and provide important advice helping boards operate within the Business Judgment Rule. Managers do not set policy or make decisions, except those specifically assigned to them by the board.

Boards – Boards decide things, but don’t implement their decisions. Managers and vendors do that. Boards provide direction to management and approve contracts with HOA vendors.  Boards should not co-manage HOAs, but should allow the manager to carry out the board’s directives. Boards normally don’t oversee vendors - that is what they pay management to do.

Vendors - Service providers (including managers) should perform their contract and avoid HOA politics. Endorsing or opposing board candidates is outside the vendor role and is unethical – neutrality is required.

Officers – in HOAs, individual officers (even Presidents) have little power. Everything they do is only upon the express authorization of the board. HOA officers occasionally confuse their limited non-profit role with the more powerful role of officers in for-profit corporations. 

Individual Directors - An individual director holds no authority outside of their vote in board decisions—the power lies with the board as a whole. Well-intentioned directors can usurp the board’s role by acting without board authority and attempting justification by claiming action was needed. But well-intentioned directors become renegades by taking actions reserved for the board, such as instructing the manager or other vendors, or making contractual commitments for the association.

Committees – Except for architectural committees, most committees are advisory to the board and do not act.  Committees typically are assigned an ongoing important subject, and advise the board by issuing “reports,” hopefully written, suggesting certain board actions.  Committees do not make commitments to association vendors and their meetings are informal.  Boards should avoid doing committee work in board meetings, just as committees avoid doing board work.

Committee Members – A committee member should be part of a team. However, sometimes extremely interested and active committee members step outside their role by speaking for the committee when the committee has not met.  A committee of one is not a committee!

Individual Homeowners – The law and governing documents list certain matters that are subject to membership vote where individual homeowners can participate. Beyond these, let the board handle things because they are legally responsible. Non-directors should not participate in board discussions except for open forum input. Another common homeowner boundary issue arises when homeowners instruct HOA vendors, which is the manager’s role. One of the great benefits of association living is that the board, manager, and vendors handle many community matters – so let them!

Check YOUR boundaries and stay within your proper role. When everyone stays in THEIR lane, the HOA wins – and HOA living is better.