What An HOA President Can And Cannot Do

The HOA president fulfills an essential role on the board of directors. Homeowners who run for this position must understand the responsibilities and limitations that come with the job. A president’s authority isn’t boundless, and stepping outside of legal confines can result in potential liability.

The Role of the HOA President

The homeowners association president is the leader of the HOA board. They are responsible for helping the other directors carry out their duties.

Despite the connotations of the role, the president typically doesn’t have greater authority than other board members. The only exception is if the association’s governing documents explicitly state otherwise.

What Does an HOA President Do?

hoa president duties

Before seeking a presidential role on an HOA board, owners must understand the duties associated with the role. While exact tasks and obligations can vary, some are more common than others. Here are the typical responsibilities of an HOA president.

1. Presides Over Meetings

Presiding over meetings is one of the chief HOA president duties. The president serves as chair of the annual membership meeting, the regular board, and special meetings. They keep discussions on track and respectful.

If an owner behaves disruptively during the meeting, the president may call them out. Depending on the association’s meeting rules, the owner may even be asked to leave the meeting. Of course, the president should never abuse this power by throwing out owners they simply dislike or disagree with.

2. Sets Meeting Agendas

The HOA president collaborates with fellow board members and the community manager to prepare meeting agendas. These agendas establish the flow of the meeting and itemize the topics to be discussed.

During the meeting, one of the president’s tasks is to strictly follow the agenda. Anything not listed in the agenda must be tabled until the next meeting. Otherwise, the actions or decisions made may not be valid or enforceable.

3. Implements Board Decisions

The HOA board routinely makes decisions for the community. This could be in the form of hiring a vendor, switching management companies, approving a new project, or passing a special assessment. One of the President of the HOA’s duties is to ensure that these authorized actions are carried out smoothly.

To do this, the president typically follows up on action items with whoever is responsible for them. For example, if the board has approved a special assessment, the president will work with the secretary and treasurer to send the official notice and begin collections.

4. Oversees the Association

The president monitors the association’s operations. This includes coordinating with the community manager, vendors, and committees.

Even if an association is professionally managed, the president should still play an active role. A manager shouldn’t take the place of the president or any other board member. Professional managers are there to help with the board’s workload, not to serve as decision-makers.

5. Serves as the Primary Spokesperson

The HOA president represents the entire board when communicating with homeowners, vendors, attorneys, and others. They are the figurehead of the association.

For this reason, the president should be personable and professional. They should not act rashly or rudely in any way. They must know how to collaborate with others while still maintaining a leadership role.

6. Signs Documents

Generally, the president signs contracts, checks (together with the treasurer), and other official documents. Since they act on behalf of the HOA, they are the main signatory.

Of course, other board members must keep the president in check, too. The president should never hold unilateral power. Fellow directors should still review the contracts and confirm that the checks are legitimate.

7. Provides Leadership

The president should be able to inspire others. They encourage collaboration among the directors and help the board focus on achieving the community’s goals. They are the glue that binds the board together.

8. Responds to Emergencies

In the event of an emergency, the HOA president may act on the association’s behalf, as permitted by the governing documents. That said, other directors must also work together with the president to respond to urgent situations.

Do HOAs Need to Elect a President in Texas?

In Texas, homeowners associations and condominiums are typically structured as nonprofit organizations. According to Section 22.231 of the Business Organizations Code, officers must include one HOA board president.

Does an HOA President Get Paid?

In most cases, state laws and the association’s governing documents prohibit board compensation. This includes paying the president a salary or even discounting their HOA dues.

Board members are volunteers. By definition, they don’t receive any sort of compensation for their service. Paying them would interfere with their volunteer status, perhaps even jeopardizing certain legal protections.

Can the HOA President Make Decisions Alone?

can the hoa president make decisions alone

The HOA board president’s authority is limited. This means that there are certain things that the president can’t do alone.

In most HOAs, the president can’t unilaterally create or change the rules, approve major expenditures, or sign contracts without authorization. They also can’t levy fines or assessments, hire or fire vendors, or override decisions without the board’s express approval.

All of these changes and decisions must go through the proper channels. It means being presented to the board for discussion and then voting on it at a properly noticed open meeting.

An HOA or condominium doesn’t run on a dictatorship. Decisions belong to the board as a whole, not to the president acting alone. The president’s role is primarily to lead meetings, coordinate the board’s work, and help implement decisions that the board has already approved.

The President’s Position

Serving as HOA president can be a thankless yet fulfilling job. Anyone who wishes to take on the role must familiarize themselves with the duties and responsibilities set forth in the governing documents. They must also understand the limitations of their authority to avoid personal liability.

PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!

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