At each community association’s annual meeting, most associations elect a new board of directors and the board elects new association officers. The roles and responsibilities of directors versus officers can be confusing, and your Georgia HOA attorney can offer insight into these community association Board positions and the roles of each.
We frequently receive questions regarding the roles, responsibilities, duties and obligations of the association officers and are happy to present a series of blog posts exploring the roles of the president, secretary and treasurer.
In the first blog post of this series, we will discuss the role of the board president.
What Does the Association President Do?
The president serves as the association’s chief executive officer and generally has all the powers and duties of any president of any other corporation organized under the Georgia Nonprofit Corporation Code. These powers generally include, but are not limited to, appointing committees, calling special meetings of the association members or the board, establishing agendas for all association and board meetings, and presiding over those meetings.
The President Helps Set the Association’s Annual Goals
At the beginning of his or her term, the president should help the board of directors define the association’s goals and establish a plan for achieving each of those goals, including periodic review during the year of these goals and progress made toward meeting them. To achieve the board’s goals, it is important to establish procedures for conducting the business of the board of directors. Community association boards should consult with their Georgia HOA attorney regarding applicable business guidelines and procedures.
At the beginning of each year, the president should schedule regular board meetings for that year, accommodating member schedules as much as possible. In addition, the president should lead the board in establishing a master calendar for the association that will include such items as board and regular association meeting dates, timelines for sending any required meeting notices, budget planning and approval time periods, vendor contract renewal dates, newsletter publishing dates, and dates for community walk-throughs.
The President’s Responsibilities to the Board and Community Association
The community association president is also responsible for the efficient operation of board and association membership meetings.
As presiding officer, the president is required to:
- Call meetings to order and adjourn meetings at the appropriate time
- Announce business according to the adopted meeting agenda
- Recognize members who are entitled to speak
- State and put to vote all questions that are legitimately raised, and announce the results of all votes
- Maintain order throughout the meeting and rule on points of order
- Conduct the meeting expeditiously and in a fair manner
To ensure effective and efficient meetings, the president should prepare a proposed agenda and distribute it to the board in advance of the meeting.
This agenda will permit each director time to review it and ask questions or obtain additional information before the meeting. Our community association lawyers suggest additional relevant information and documents should be distributed with the agenda to allow directors to study issues and make informed decisions by the business judgment rule on matters handled at meetings.
Your Georgia HOA Attorney Can Help President Fulfill Responsibilities Under Community Association Law
While the board of directors ultimately operates the association, the president has significant responsibilities. With a deep understanding of the president’s role and proper planning, the president can have a lasting impact on his or her community association’s success.
If you are the president of HOA or condominium association and your board needs guidance on corporate procedures or other areas of community association law, do not hesitate to enlist the help of a condominium or HOA attorney. They will be able to help guide and counsel your board of directors to ensure you are meeting the needs and requirements of your association in the most efficient, effective way. The HOA and condominium lawyers at NowackHoward are here to help. Simply give us a call at (770) 863-8900 or email info@nowackhoward.com to learn more.