Is Your HOA Being Run by a Sheriff or a Board of Directors?

Many homeowners associations have a board of directors that, as a practical matter, is controlled by one person and not the association’s board of directors. This typically occurs in smaller associations where it is more difficult to cultivate new members for the association’s board. As a result, a small number of individuals find themselves serving as a director year after year. Over time, they become more familiar with the various issues that the association deals with and they exercise more control over the decision making process.

While new board members may be elected from time to time, they frequently do not have the support to challenge the actions of the one or two members that have been controlling the association’s board of directors for a number of years. As a result, the association ends up being run by a “sheriff” and not a board of directors. Often times, the sheriff takes action that is based more on his or her personal agenda as opposed to the needs and priorities of the homeowners association and the will of the association’s board of directors.

An association is required to act through its board of directors, who may delegate certain responsibilities to agents such as lawyers, accountants, and property managers but the actions of those agents must be approved or ratified by the board of directors. An association’s board of directors typically makes its decisions by following recognized procedures, such as: