Understanding the Roles of the Officers of a Homeowners Association

The bylaws of a homeowners association (“Association” ) will contain provisions pertaining to HOA Officers. Those provisions will specify such things as : (i) what officers the Association must have; (i) when they are elected and the length of their term; (iii) when an officer can be removed; (iv) the process for resigning; (v) the process for dealing with vacancies; and (vi) the powers and duties of each officer. The officers that are typically provided for include:

• President
• Vice President
• Secretary
• Chief Financial Officer / Treasurer

In addition to the above-named HOA officers, an Association’s board is typically empowered by a provision in the bylaws to appoint such other subordinate officers as the Association may require. The powers and duties of such subordinate officers should be specified in the bylaws and/or determined by the Association’s board of directors. Except as limited by a provision in the bylaws, it is possible for the same person to hold two or more offices (it is common for an Association’s bylaws to prohibit the same person as serving as either the secretary or chief financial officer when they are also serving as the president).

The HOA officers are chosen each year by a majority vote of the directors at their first regular meeting that follows the annual meeting of the Association’s members and the HOA officers are subject to the control of the Association’s board of directors. The selected officers then serve until he or she either resigns, becomes disqualified to serve, is removed, or until his or her successor is elected and qualified. Any officer can be removed with or without cause by the Association’s board of directors acting at a regular or special meeting. An officer can resign his or her office at any time by providing written notice as specified in the Association’s bylaws (typically by delivering the notice to the board, or the president, or the secretary). A vacancy in an office that results from any cause must be filled in the manner prescribed in the bylaws for regular appointments to the office that became vacant (typically majority vote of the directors).

The powers, duties and responsibilities of the HOA officers that are set forth in the Association’s bylaws are generally described as follows:

President.

• Has general supervision, direction, and control of the affairs and HOA officers.
• Presides at all meetings of the Association’s board of directors.
• Vested with the general power and duties of management usually vested in the president of a corporation.
• Such other powers, duties and responsibilities as may be prescribed by the board or the bylaws.

Vice President.