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Homeowner associations are run by a board of directors; most commonly referred to as the “board.” Usually the board is comprised of homeowner association members who own property in the association. They are elected by other homeowners who own property in the homeowner association to serve on the board. Board members are volunteers. The homeowner association board has a duty to make decisions on behalf of the property owners consistent with the declaration of covenants and restrictions, by-laws, rules and regulations and the Florida Statute. The primary duty of the board is to protect the existing value of the property and to ideally improve the value of the property. The board does this by creating new rules and regulations when needed, overseeing the enforcement of the existing rules, overseeing the budget, and ensuring compliance with the other homeowner association governing documents. The board may hire an HOA management company to collect dues and special assessments as well as manage the business affairs of the homeowner association. The management company is ultimately entrusted to oversee the budget, oversee enforcement of the association’s rules, and oversee contractors when improvements are made to the homeowner association property.
Board members have a duty to serve the interests of the homeowner association as a whole, and not just their own interests. Board members should be fair in their dealings, avoid situations where there might be a conflict of interest, and enforce the rules equally and fairly. While many boards do their best to serve the interests of the homeowner association, there are situations where the board may amass too much power, be dysfunctional, implement rules unfairly or in a discriminatory manner, or make decisions that fail the homeowner association community as a whole. If your board needs education, insight and answers, contact Legal Counsel, P.A. which employs a homeowner association board governance lawyer in Orlando, Florida today. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321 today!
Board members have a fiduciary duty to protect the interests of the homeowner association. The responsibility each member of the board has is immense. Because board members are often home owners in the association, negotiating the fine line between self-serving decisions and decisions that benefit the community as a whole can be a delicate balance. If there is a situation where the board is uncertain about their fiduciary duty, it is often in the best interest of the board to get legal assistance. Legal Counsel, P.A. in Orlando, Florida employs a homeowner association board governance lawyer who can look over the situation and offer you guidance on the best path forward.
The duties of the board will be outlined in the homeowner association’s governing documents. Some boards take on a great deal of responsibility, while other boards oversee the delegation of many responsibilities to a management company. Ultimately, when conflicts arise, the board might be in charge of resolving disputes or seeking legal counsel to resolve disputes and issues.
For example, one thing that must be avoided are conflicts of interest. A conflict of interest arises when one board member violates the rules of the homeowner association but is not fined because he or she sits on the board.
Board members have a responsibility to enforce the rules of the homeowner association in a uniform manner, and to vote in the best interests of the homeowner association. This means that the homeowner association may need to select competitive bids for any repairs or improvements that need to be done. The board must also follow the rules of the association when enforcing rules or when seeking additional funds for special assessments or when raising dues.
Another responsibility of the board is the requirement that the board be informed about the property, its budget, the rules, enforcement actions, and other issues that can arise with the community. Board members must take the time to become informed before making decisions and must make decisions with as much information as possible. Additionally, board members should know the ins and outs of the association’s governing documents to ensure that any actions they take is in accordance with the rules.
If you are a member of a board and have concerns about your duties and rights, hiring a lawyer to offer guidance to your homeowner’s association board is essential. Legal Counsel, P.A. employs a homeowner’s association board governance lawyer who can help you navigate some of the challenges boards and their members might face. Contact us today to learn more. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321 today!
Homeowner’s association boards have the duty to collect dues from home owners, have the duty to oversee the budget, have the right to make special assessments to cover repairs that aren’t accounted for in the budget, have the right to create rules to protect the interests of the association, and have the right to enforce the rules of the association. In carrying out these duties, sometimes the board can end up in conflict with association members. Often, these conflicts can be resolved through meetings or hearings. Sometimes, however, additional action may need to be taken. If a board is failing to collect dues, failing in managing the association’s budget, or failing to enforce the rules fairly, then the homeowners may have the right to elect new board members and may even have the right to sue the association. If you are facing a conflict with your homeowner’s association’s board, contact Legal Counsel, P.A. which employs a homeowner association board governance lawyer in Orlando, Florida. who can take the time to review the situation, help you understand your rights and options, and take steps to protect your interests and the interest of your homeowners association. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.