Who Runs the HOA and How are Board Members Chosen?

Who Runs the HOA and How are Board Members Chosen?

The Volunteer Overlords: How the HOA Board Gets Power (and Headaches)

If the HOA is a small corporation, the Board of Directors is its executive leadership team. They are the ones who make the financial decisions, hire the management company, sign the contracts, and, yes, send out the fine letters. They hold the power, but who are they, and how do they land that thankless job?

Who Actually Runs the Show?

The HOA is run by a Board of Directors, usually composed of a small group of homeowners (three to seven people) who volunteer their time.

- The Board typically assigns officers: a President (runs meetings, is the face of the Board), a Vice President (the backup), a Treasurer (oversees the budget and finances), and a Secretary (records minutes and manages documents).

- In most larger communities, the Board hires a Property Management Company. Crucially, the manager does not make the decisions. They are paid professionals who execute the decisions of the Board (e.g., collecting fees, hiring vendors, scheduling repairs, and sending letters). The Board is still the boss.

How Do I Become One of Them? (The Election Process)

Board members are chosen by the homeowners through an election process, the rules for which are detailed in the community’s Bylaws.

- Eligibility and Nomination: To run, you must be a member of the HOA (an owner) and meet any other criteria in the Bylaws (e.g., must be current on dues, cannot have pending violations). You typically nominate yourself or are nominated by another owner.

- The Annual Meeting: Elections are usually held at the Annual Membership Meeting.

- Voting Methods: Depending on the size of the HOA and state laws, voting may take place in person, by mail-in ballot, or electronically. Many HOAs require a quorum (a minimum number of people/votes) to be present to validate the election.

- Terms: Board terms are typically one or two years. Members may run for re-election multiple times, leading to long-serving, experienced (or sometimes entrenched) directors.

The Professional Angle: Fiduciary Duty

Board members are not just neighbors; they have a fiduciary duty to the association. This means they are legally obligated to act in the best financial interest of the entire community, even if it conflicts with their personal wishes. Failure to uphold this duty can open the door to legal action by the homeowners.

The Professional Takeaway: The only way to ensure the HOA is run well is to participate. If you don't like the decisions, run for the Board. It's often said that in an HOA, the people who show up are the ones who rule.

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