What is the purpose of an HOA

Who does what? Understanding the purpose of, and the different roles in, your Community Association.

You’re not alone if you’re asking what the purpose of an annual meeting is and what the differences are between an HOA, the Board of Directors, and the Management Company. Understanding the differences will help you have an even better experience for yourself and your family while living in an HOA.

Training group Woman Raising Hand

What is the purpose of an HOA Annual Membership Meeting?

During the annual HOA meeting, the budget is presented, and past achievements and future goals are discussed. Committee reports are shared, creating a forum for members to ask questions and engage with the board and management. Board elections for expiring seats occur, allowing homeowners to vote for new directors. The governing documents or by-laws typically outline term lengths and eligibility.

What is the purpose of an HOA?

As described in Community Association Living (a CAI publication), homeowners associations are designed to manage common or shared property, protect owners’ property values, provide services to residents, and develop a sense of community through social activities and amenities. All residents have an important role to play in a community’s success, but board members have a particularly vital job.

HOA refers to homeowners association and essentially, the HOA is responsible for the maintenance of items that are not the individual homeowner’s responsibility. Someone has to represent those interests to ensure the assets of the community are maintained and replaced at the appropriate time, that the community’s budget is well funded, and that home values are kept at an optimal pace. This is where the role of a board member comes in…

What is my role as a board member?

Your role is a very important one. You’ve been elected to make decisions that will affect your community, both operationally and financially. As a volunteer board member, you’re a fiduciary, prioritizing the community’s interests above your own in decision-making. As a fiduciary, you must protect the community by managing the budget, funding reserves, collecting assessments, and ensuring insurance. In sum, you actively protect and enhance property values. This is no easy task, and that is where selecting a professional management company is critical.

What is the role of the management company?

The management company works for the HOA and is hired by the Board of Directors. We help the board preserve community assets, maintain property values, and manage HOA operations and finances.

The Board sets policy, and the management company implements those policies by implementing its decisions. 

What are some examples of how a management company assists the Board? 

  • Coordinates maintenance activities 
  • Seeks out proposals and screens vendors (licensing and insurance requirements) 
  • Manages human resource needs 
  • Informs the Board when legal advice is necessary 
  • Manages the association’s finances (delinquencies, budgeting, examining reserves, assessment collection, payables and receivables, financial reporting) 
  • Works with professional partners: CPA, legal counsel, reserve specialist, and insurance agent 
  • Guides the Board through day-to-day operations by having a strong understanding of governing documents, governmental laws, and state statutes
  • Brings the element of “community” through lifestyle programming
Purposeofhoagraphic

Board of Directors:

Volunteer, Governs, Makes Decisions

Management Company:

Under contract, Manages, Carries Out Decisions

Identifying “who does what” provides a great foundation for understanding your community association. It clearly defines how to care for the community and directs residents to the right contacts for their concerns. It gives board leaders clarity on their roles, the management company, and what they do, enabling focused success. It’s a true partnership between board members, management company team members, vendors, and residents. A strong partnership in all capacities equals a successfully run community association!

Have A Question?

If you live in an association and have questions about the purpose of an HOA, fill out our CONTACT US form, and we will happily contact you to answer them. 

AAM has New Leadership in Tucson, AZ

Associated Asset Management (AAM) proudly announces Kat Boswell as the new leader of its Tucson office. Boswell, who joined AAM in 2015, has held multiple leadership roles, including Community Manager and Area Manager. In March 2020, she was promoted to Regional Director of Tucson Operations, overseeing daily office activities.

Boswell’s role includes managing a portfolio of 28 communities and leading a dedicated team of professionals. She brings over 15 years of property management experience, including work in various housing sectors. Her experience spans government housing, student housing, apartment complexes, and single-family homes.

Additionally, Boswell has over 20 years of leadership expertise in customer service, making her a versatile leader.
With this extensive background, Boswell is well-versed in the community management industry.
She provides valuable direction and guidance to her team, ensuring high standards of service.

“I am honored and excited to lead our efforts in Tucson,” said Boswell.

“Our team is eager to promote the AAM brand in Southern Arizona,” she added.

Boswell’s leadership style is characterized by her passion, dedication, and deep understanding of the industry.

She has a proven ability to connect with both AAM team members and community partners.
This connection fosters strong relationships and effective collaboration within the organization.
“Kat’s industry experience is evident in all she does,” said Ercell Sherman, AAM’s Chief Operating Officer.
“Her passion for the Tucson area and commitment to our team are invaluable,” Sherman continued.
“Kat’s leadership will drive our Tucson office to new heights,” he concluded.
Boswell’s appointment reflects AAM’s commitment to excellence in community management.
Her leadership ensures that the Tucson office continues to thrive and expand its reach.
AAM is confident that under Boswell’s direction, the Tucson office will achieve great success.

To see AAM’s online Press Release, click here.

Top 5 Reasons to Consider Switching Your HOA Management Company

As a Board Member, you rely on your HOA management company to facilitate the day-to-day tasks and responsibilities of the Association. Typically, the relationship between a Community Manager and the HOA Board builds into a smooth and seamless workflow where everyone is happy, and the Association flourishes. Unfortunately, this isn’t always the case for every association. Sometimes, the Board identifies noticeable gaps in performance or strong partnerships that aren’t built, which leads the entire community to feel the result of poor management and leads to switching HOA Management companies.

When issues arise, a tactical conversation with the management company is generally helpful in implementing new practices and correcting the concerns. Still, if a problem persists and a resolution is not met, the Association often decides to change management companies.

Here are the top five reasons Boards choose to switch their management company:

  1. Slow Response Time
  2. Lack of Transparency
  3. Poor Oversight
  4. Inadequate Technology
  5. Lack of Support Staff

It is important to note that these five reasons are not in any particular order. Usually, the decision to make the switch results from many failed attempts to correct poor performance. Your community management company should prioritize customer satisfaction, create an environment of transparent communication, and be active in your Association.

If your Association is currently experiencing one or more of the reasons listed above and are considering switching HOA management companies, contact AAM today! We would be happy to talk about how AAM can deliver peace of mind to you, your fellow Board Members, and the community.

Making the Change to a New HOA Management Company 

Some of the most challenging decisions that board members face involve implementing changes without disruption to the Association. Changing management companies is commonly one of those decisions, especially if the Board has never been through a transition to a new management company or has had a bad experience. When you make a change to a management company that employs an entire team dedicated to improving the onboarding process, you can rest assured your community and its residents will experience a secure, courteous, and seamless transition.

At AAM, we have a dedicated Transition Team that begins working to guarantee a smooth transition from day one. Our team follows a precise transition plan that benchmarks task completion on 30 | 60 | 90 | 120-day increments, depending on the size of the community. Leveraging the power of technology, communication, and overall experience, AAM can assume management of the Association while simultaneously providing excellent customer service and financial management to the residents without interruption.

As HOA Board Members, you understand the importance of demonstrating integrity and upholding your social responsibility in every decision made.  Due to the uncertainties of changing management companies, you should not have to compromise on a positive community management experience. AAM takes the guesswork out of the transition; let us show you how.

Why HOA Boards Stay with AAM

Simply put, our Boards choose to stay because we deliver exactly what they are looking for in a community management partner, giving them no reason to make a change. How do we do this? We listen to our customers, homeowners, and employees to better hone our focus on improved relationships and personal experience.

  • We are Industry Experts that Focus on Your Peace of Mind

This concept goes beyond the communities we serve; we want our employees to also benefit from our strong support structure and resources to continue delivering the best service to our Boards, communities, and homeowners. 

  • We Have Immeasurable High-Touch Service

Communication and attention to detail are a few of the qualities we are known for in the HOA industry. We have created various communication tools and channels to increase engagement and decrease frustration, making workflows more efficient and our services more appreciated.

  • AAM is More than a Service Provider – We’re a Trusted Association Partner

We keep a pulse on the community by monitoring satisfaction and taking a proactive approach to ensure total peace of mind for all of our customers, just like YOU.

Best HOA Management Companies

When selecting a new HOA management company, you need a qualified team on your side. Our skilled team ensures quick responses, transparency, vendor oversight, and innovative technology for your community’s needs. Are you ready to develop an effective game plan for switching your HOA management company search? If so, contact us today.

Fiduciary Responsibility of HOA Board Members

As a Board member, you are entrusted with the money, property, and day-to-day business of your Association. Serving on your Association’s Board can be an important way to positively impact and maintain your community’s well-being. However, to serve responsibly and avoid potential legal liability, it is important to know your fiduciary responsibility as a Board member.

Under Corporate Law, the fiduciary duties of Community Association Board members are outlined by individual state corporate law. Most HOAs are nonprofit corporations, typically formed by filing Articles of Incorporation in the state in which the community is located. Recognizing that a corporation’s Board members serve in a position of trust, every state’s corporation law imposes a fiduciary duty on the Association (a.k.a. corporation’s) Board of Directors, requiring them to act in the best interests of the HOA. This fiduciary responsibility applies to HOAs even though they are typically nonprofit corporations and HOA Board members serve as volunteers.

The Three Components of Fiduciary Responsibilities

Your fiduciary duties involve three basic components: the duty of care, the duty of loyalty, and the duty to act within the scope of authority. Understanding fiduciary responsibility in these areas is crucial.

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Duty of Care

Research, research, research! To meet the duty of care, Board members must make informed decisions. This may require a little or even a lot of research before you act or vote on an HOA matter. Familiarize yourself with your Association’s CC&Rs and your state statutes. Board members must also act in a prudent and reasonable manner, use sound business judgment, and avoid uninformed or impulsive actions. For example, you can’t discriminate against a homeowner for painting his or her garage door orange and blue just because you don’t like that color if it is not in violation of the Association documents. Here, acting with fiduciary responsibility by researching thoroughly is key.

Hoa Board Member Duty Of Loyalty

Duty of Loyalty

Board members must act fairly, in good faith, and for the benefit of the Association as a whole. Board members must not make decisions based on personal interest or gain. Board members should also avoid acting where there is a conflict of interest. For example, a Board member who is helping select a new landscape vendor for the property should abstain from voting if a close friend or family member owns a landscape company participating in the bid process. Loyalty to fiduciary responsibility is essential in maintaining trust.

Additionally, a Board member must protect members’ confidentiality and not divulge information provided in confidence. For example, if a homeowner confides in a Board member about their impending home foreclosure in order to arrange a payment plan for dues, the Board member should not disclose this information to a friend or neighbor. Confidentiality is a crucial aspect of fiduciary responsibility.

Hoa Board Member Duty To Act

Duty to Act

This requires the Board to perform the duties it is obligated to carry out but prohibits the Board from making decisions or acting on matters without the authority to do so. The authority of the Board comes from its obligations under state laws, as well as the authority granted to it in the Governing Documents, specifically the Articles of Incorporation, Bylaws, CC&Rs, and Rules and Regulations. In short, Boards must obey applicable laws and their Governing Documents while performing their duties. Ensuring all actions align with fiduciary responsibility prevents overstepping.

Your fiduciary responsibilities are one of the most important components of being a community leader. It is important that your management company provides the tools for you to succeed as a Board member and should encourage you to attend board training sessions. If you have specific questions about your fiduciary obligations as a Board member you can always reach out to your community manager. 

In conclusion, understanding and upholding your fiduciary responsibility is crucial to your role as an HOA Board member. By adhering to the duties of care, loyalty, and authority, you not only protect yourself from potential legal liability but also ensure the well-being and success of your community. Remember, your management company should be a valuable resource, providing the support and training needed to navigate your fiduciary responsibilities effectively. Always prioritize informed decisions, act in the best interest of the community, and stay committed to the integrity of your Board position.

Del Webb Cane Bay Best Active Lifestyle

Partnering with AAM since 2018, Del Web Cane Bay features over 1,000 homes and boasts a rich, vibrant and active lifestyle that residents can thoroughly enjoy. With a full-time Activities Coordinator, the community is continually offering residents new and exciting social events, activities, clubs, and interest groups.

The Post and Courier Charleston’s Choice is an annual set of awards based solely on reader’s votes for their favorite business, places, and things to do across multiple categories. With over 200,000 votes from 31,000+ participants, Del Webb at Cane Bay was chosen as the 2020 Charleston’s Choice for Best Active Lifestyle Community in Charleston.

“Over the past two years, the Del Webb at Cane Bay Board of Directors and AAM have worked together to upgrade almost every aspect of the Del Webb community,” said Clyde Rush, HOA Board President of the HOA. “All segments of the community’s infrastructure (roads, landscaping, courts, etc.) have been improved; the 21,000 square foot amenity center was completely remodeled; and the natatorium, outdoor pool/spa, and fitness center have been enhanced. Working together, the Board and AAM have significantly increased the appeal and preeminence of the community.”

Del Webb Cane Bay

In addition to being named the Best Active Lifestyle Community in Charleston, Del Webb at Cane Bay was also listed as a Top 100 Communities for 55Places.com, a public online resource tool for searching unbiased information about active adult communities throughout the United States.

“It was a great honor for Del Webb at Cane Bay to receive these coveted awards,” proclaimed Phil Tumminia, Community Manager. “I am proud to be surrounded by a team of dedicated professionals who truly enjoy serving this amazing community.”

To see AAM’s online Press Release, click here.

HOA Board of Directors Roles and Responsibilities

HOA Board of Directors – Who are they, and what do they do? Generally, an HOA Board of Directors is made up of community volunteers elected by fellow residents to serve on the Board to make decisions on the residents’ behalf regarding the HOA.

Below is a brief overview of the HOA leadership roles and duties. 

What is the structure of your HOA Board of Directors? 

In general, the Board of Directors consists of five (5) officers:

President:

The HOA President role, is preformed by someone who is knowledgeable of the community’s governing documents, oversees the community association’s operations by ensuring orders and resolutions are carried out, as well as signs contracts and co-signs checks. He or she leads all meetings acting as the foreman.

Vice President:

The Vice President performs other duties as required and will take the place of the President when necessary. Equally, the Vice President should have in-depth knowledge of the community bylaws and regulations.

Secretary:

The Secretary keeps meeting minutes, records votes, and maintains compliance with essential association documents.

Treasurer:

The Treasurer keeps track of the association’s finances and reports on monthly financials at board meetings.

Member at Large:

The Member at Large acts as the fifth voting member of the Board, as well as conducts other assigned duties.

Panel Of Women HOA Board Of Directors

What are the primary duties of your HOA Board?

The HOA Board members must ensure that the community is maintained by enforcing the community’s CC&Rs and Bylaws. Most importantly, Board members should be fair, honest and keep the homeowner’s and the association’s best interest in mind when making decisions.

What is the relationship between the Board of Directors and your professional community management partner?

As community volunteers, the majority of HOA Board’s elect to hire a professional community management company to leverage their expertise on community governance, ongoing maintenance, and resident communication. In partnership with the Board, the professional community management company helps provide structure to a community, protect property values and ensure positive living environments.  


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Have A Question?

If you live in an association and have questions about Board Member Roles and Responsibilities, fill out our CONTACT US form, and we will happily contact you to answer them

AAM Voted a Best Place to Work for a Thirteenth Year

AAM Voted a Best Place to Work

Associated Asset Management (AAM), a nationally recognized leader in community association management and accounting services for clients throughout the United States, is proud to announce it has been ranked as one of the Phoenix Business Journal’s Best Places to Work in 2020 for the large size company category (250-999 employees).

The winners were revealed during the Phoenix Business Journal’s virtual celebratory event hosted on December 8th where over 100 companies of varying sizes were honored. With a ranking based exclusively on the results of an employee satisfaction survey, AAM earned a spot on the list for a thirteenth year.

Headquartered in Tempe, AAM is home to 528 local employees and over 700 nationwide. Consistently earning a spot on the Best Places to Work list, AAM recognizes it is especially meaningful this year given the current climate and is focused more than ever on keeping employees’ health and well-being at the forefront.

“Faced with a common set of challenges brought forth in 2020, AAM came together in the true spirit of collaboration,” said Lydia Elie, Senior VP of Human Resources. “With so many changes happening so quickly, we were able to adapt to the work-from-home environment and other safety protocols successfully. Although we may currently work more at a physical distance, our positive culture remains strong, and we continue to operate under one of our core fundamentals, ‘always remember that we are family.'”

“Being ranked now for the thirteenth year is an incredible accomplishment and a true testament to our commitment to creating the best work environment possible for each of our employees,” stated Amanda Shaw, President of AAM. “This honor is even more rewarding in 2020, given that we are all doing the best we can to continue to navigate through and to thrive during these uncertain and unprecedented times. We know things have been challenging, both personally and professionally, and we are beyond grateful that our AAM Team has learned to adapt and still cultivate a culture we can all be proud of that is unique to our company.”

2020 Corpbptw 100Ktxt

To see AAM’s online Press Release, click here.

Fair Housing and HOA Enforcement

Community association enforcement actions tend to be a conflicting topic for many homeowners and are often viewed as one of the most contentious issues they may face while living in a Homeowners Association (HOA). Additionally, the Board of Directors is faced with enforcing the association’s governing documents while also being mindful of the Fair Housing Act (FHA), which makes it unlawful for housing providers to discriminate based on race, color, disability, religion, sex, familial status, and national origin.

Although associations are subject to the Fair Housing Act Regulations, few Boards are familiar enough to distinguish the multitude of ways they could be exposing the association to claims of discrimination. Under FHA HOA requirements, an association may not legally refuse to make the reasonable accommodations necessary for homeowners to fully enjoy and utilize their homes. A common mistake a Board makes is failing to offer reasonable accommodations for homeowners with special needs or disabilities and basing their enforcement solely on the language of the governing documents rather than exploring the extenuating circumstances that may lead to an alternate decision. It is important to render enforcement on a case-by-case basis, making reasonable accommodations for homeowners when necessary.  

For example, if a Board denies a homeowner’s request to expand the width of their driveway to accommodate their wheelchair due merely to the fact that the governing documents state that residents’ driveways cannot exceed 10 feet wide, they would be in violation of the FHA.

Another example is service animals. If an owner requires the assistance of a service animal, an HOA would be obligated to grant a waiver from its “no pets” policy. Refusal to make such an accommodation (one that is reasonable and necessary to afford a disabled owner the full enjoyment and use of his/her home) is deemed to be discriminatory under the FHA.

Knowing how to recognize these implications, delegate reasonable enforcement, and avoid an FHA violation altogether can greatly save an association from costly lawsuits or other severe penalties. The best way for a community to avoid penalties for non-compliance with the FHA is to lean on the expertise of a professional community association management company and trusted legal professional.

HOA Enforcement: Why Consistency is Important

Consistent and equitable HOA enforcement of a Community’s governing documents, including the CC&Rs, is critical in creating a balanced, successful Association.

The first step in achieving HOA enforcement consistency is for each homeowner, Board member, and Community Manager to read and thoroughly understand the Community’s CC&Rs and Design Guidelines. Governing documents may also include specific requirements or restrictions for each unit/lot, and members should be aware of all conditions. One of the many reasons why this step is so important is because each Community can be very different from a governing document standpoint, which includes HOA Backyard Rules. For example, you cannot assume that since the previous Community you resided in allowed a 12-foot tall playground structure in the backyard that, in turn, your new Community allows the same.

The second step to consistent HOA enforcement is scheduling regular compliance inspections per the Association’s Governing Documents. Regularly occurring inspections will help ensure that items that are not in compliance will be identified and addressed in a timely manner. It is also essential that an appropriate HOA Fine Policy be established and approved by the Board of Directors. A Board-approved Fine Policy gives the guidance needed to help ensure that all residents are following the Community’s rules, and the consequences of non-compliance are reasonable.

Lastly, the definition of the word consistent (i.e., constantly adhering to the same principles, course, form, etc.) implies that consistent enforcement means adhering to the governing documents in each case and treating each non-compliant issue in the same manner according to the Board approved Fine Policy. A Community Manager should not subjectively ignore a clear, defined violation for one week and then choose to address it later. This same concept applies to the Community’s Board of Directors, as they need to support the consistent application of the governing documents by the Community Manager and stay objective on compliance issues even when it may involve a friend or neighbor.

By consistently enforcing the CC&Rs, Design Guidelines, and all other applicable governing documents, the Community Manager and Board of Directors will build understanding and trust with the Community’s homeowners, which then creates the foundation for a successful, well-run Association.

HOA Annual Board Meetings

Annual Meetings for homeowners associations are a crucial component for keeping the business of the association moving forward. In addition to holding the annual HOA Board elections, where new members are elected to the Board of Directors by their fellow homeowners, Annual Meetings also serve to update the homeowners on what is happening in the community. This is a meeting of the members and not a typical Board meeting where the Board of Directors is making decisions for the community.

The timing of your community’s Annual Meeting depends on the requirements indicated by your Association’s Bylaws. The meeting is typically held at the same time each year. To achieve the best results, planning the Annual Meeting should begin several months before the meeting date. Some communities require that a nominating committee be formed to select candidates for the Board.  Securing a meeting location is also imperative, and it is important to book the venue early, as some of the places that do not charge for meeting space may be booked months in advance.

Below are some helpful planning tips: 

  • Confirm available dates with the Board of Directors
  • Schedule the location of the meeting
  • Obtain Certificate of Insurance, if necessary (Most meeting venues require this, which would include the venue being named as additional insured for liability purposes)
  • Prepare meeting notice signed by the Board secretary, if required by governing documents
  • Send out a questionnaire to members to help prepare for questions in advance of the meeting
  • Mail HOA Annual Meeting Notice within the timeframe noted in CC&Rs and/or Bylaws
  • Be prepared for the meeting with the following items: sign-in sheets, delinquency reports, ledger cards, election ballots, quorum requirements for the meeting, financial statements, meeting agenda, and any handouts.

The following are items to complete after the Annual Meeting:

  • Work with the Community Manager to compile the list of Board members, including the newly elected members. Make sure that the terms that the new Board Members have filled are carefully tracked in communities that provide for staggered terms. 
  • Schedule the first Board of Directors meeting post-election/Annual Meeting. This is typically the meeting at which the Board Members will determine officers of the association.   
  • Prepare Annual Meeting minutes.
  • Update the bank accounts to remove previous Board members and add new Board Members.

Do you still have more questions about the HOA Annual Board Meetings? Contact AAM today to discuss your HOA’s needs.