Creating A Board for Your HOA or Condo Association in Georgia

WHO SHOULD BE ON THE BOARD?
The board should be composed of a diverse group of individuals who are interested in working toward the organization’s mission and have the particular skills that will help to contribute to a well-run organization. For instance, you may want to seek out people with financial, marketing, or legal backgrounds. You may want to consider bringing on someone with an entrepreneurial
background, or someone who is proficient with emerging technologies. You may
also want to recruit members who have influence in the community, work at similar types of organizations, or are representative of the community you are serving. Having this collective knowledge from the beginning will help you make informed decisions. You will also find that as your organization matures, your board composition needs may be very different from those of your founding board. The role of the board tends to change over time as the organization
develops and matures. Early in an organization’s life, the primary need for the board may be individuals who are prepared to give a great deal of time and energy. Later, you may find that as paid staff are brought on, the board focuses primarily on the governance functions of the organization and is less involved with the smaller details of bringing the organization up to speed.
HOW BIG SHOULD THE BOARD BE?
Boards can vary in size from three to more than 50 members.  Each state has regulations that determine the minimum size of the board, but the optimum number of people who sit on the board should be determined by the needs of the organization. Assess the list of tasks that the board needs to accomplish and plan your board around the jobs that need to be done. There should be enough meaningful tasks for the board to accomplish without leaving board
members feeling overburdened or uninvolved.
HOW OFTEN SHOULD THE BOARD MEET?
As with the size of your board, the number of board meetings each year should be determined by the work that needs to be accomplished. For logistical and practical reasons, larger boards often meet less frequently, leaving much of the work to the board’s committees.
Regular attendance at board meetings is one of the individual responsibilities of board members. Your organization’s bylaws should include an attendance policy that clearly states the number of meetings that can be missed by an individual board member before he or she is asked to leave the board. Develop an annual schedule of meetings determined a year in advance. Circulate clear and thorough information materials, including an agenda, to all members
two to three weeks before each meeting. Maintain complete and accurate minutes of all meetings, and keep meetings brief and well focused. An organization’s bylaws should also state the number of board members required to constitute a quorum. Without a quorum, the board is unable to conduct its official business.
WHAT KIND OF TERM LIMITS SHOULD BOARD MEMBERS SERVE?
There are no hard-and-fast rules for determining board members’ tenure. Many organizations
do, however, limit members to two consecutive terms and require a hiatus of one year before a
board member may be reappointed. Many organizations also stagger terms of service so that
one-half or one-third of board members are elected every one or two years for terms of two to
six years. Such policies encourage institutional renewal because a board can profit from the
experience of veteran board members while welcoming the fresh perspective that new members
offer. Board members on hiatus can remain active in committee service or serve in an
advisory capacity. Term limits are a painless mechanism for rotating inactive or ineffective
members off the board. These policies should be written into the organization’s bylaws.

Build a Better Board for Your HOA, POA or Condo Association

WHO SHOULD BE ON THE BOARD?
The board should be composed of a diverse group of individuals who are interested in working toward the organization’s mission and have the particular skills that will help to contribute to a well-run organization. For instance, you may want to seek out people with financial, marketing, or legal backgrounds. You may want to consider bringing on someone with an entrepreneurial
background, or someone who is proficient with emerging technologies. You may
also want to recruit members who have influence in the community, work at similar types of organizations, or are representative of the community you are serving. Having this collective knowledge from the beginning will help you make informed decisions. You will also find that as your organization matures, your board composition needs may be very different from those of your founding board. The role of the board tends to change over time as the organization
develops and matures. Early in an organization’s life, the primary need for the board may be individuals who are prepared to give a great deal of time and energy. Later, you may find that as paid staff are brought on, the board focuses primarily on the governance functions of the organization and is less involved with the smaller details of bringing the organization up to speed.
HOW BIG SHOULD THE BOARD BE?
Boards can vary in size from three to more than 50 members.  Each state has regulations that determine the minimum size of the board, but the optimum number of people who sit on the board should be determined by the needs of the organization. Assess the list of tasks that the board needs to accomplish and plan your board around the jobs that need to be done. There should be enough meaningful tasks for the board to accomplish without leaving board
members feeling overburdened or uninvolved.
HOW OFTEN SHOULD THE BOARD MEET?
As with the size of your board, the number of board meetings each year should be determined by the work that needs to be accomplished. For logistical and practical reasons, larger boards often meet less frequently, leaving much of the work to the board’s committees.
Regular attendance at board meetings is one of the individual responsibilities of board members. Your organization’s bylaws should include an attendance policy that clearly states the number of meetings that can be missed by an individual board member before he or she is asked to leave the board. Develop an annual schedule of meetings determined a year in advance. Circulate clear and thorough information materials, including an agenda, to all members
two to three weeks before each meeting. Maintain complete and accurate minutes of all meetings, and keep meetings brief and well focused. An organization’s bylaws should also state the number of board members required to constitute a quorum. Without a quorum, the board is unable to conduct its official business.
WHAT KIND OF TERM LIMITS SHOULD BOARD MEMBERS SERVE?
There are no hard-and-fast rules for determining board members’ tenure. Many organizations
do, however, limit members to two consecutive terms and require a hiatus of one year before a
board member may be reappointed. Many organizations also stagger terms of service so that
one-half or one-third of board members are elected every one or two years for terms of two to
six years. Such policies encourage institutional renewal because a board can profit from the
experience of veteran board members while welcoming the fresh perspective that new members
offer. Board members on hiatus can remain active in committee service or serve in an
advisory capacity. Term limits are a painless mechanism for rotating inactive or ineffective
members off the board. These policies should be written into the organization’s bylaws.

Creating A Board for Your HOA or Condominium Association

WHO SHOULD BE ON THE BOARD?
The board should be composed of a diverse group of individuals who are interested in working toward the organization’s mission and have the particular skills that will help to contribute to a well-run organization. For instance, you may want to seek out people with financial, marketing, or legal backgrounds. You may want to consider bringing on someone with an entrepreneurial
background, or someone who is proficient with emerging technologies. You may
also want to recruit members who have influence in the community, work at similar types of organizations, or are representative of the community you are serving. Having this collective knowledge from the beginning will help you make informed decisions. You will also find that as your organization matures, your board composition needs may be very different from those of your founding board. The role of the board tends to change over time as the organization
develops and matures. Early in an organization’s life, the primary need for the board may be individuals who are prepared to give a great deal of time and energy. Later, you may find that as paid staff are brought on, the board focuses primarily on the governance functions of the organization and is less involved with the smaller details of bringing the organization up to speed.
HOW BIG SHOULD THE BOARD BE?
Boards can vary in size from three to more than 50 members.  Each state has regulations that determine the minimum size of the board, but the optimum number of people who sit on the board should be determined by the needs of the organization. Assess the list of tasks that the board needs to accomplish and plan your board around the jobs that need to be done. There should be enough meaningful tasks for the board to accomplish without leaving board
members feeling overburdened or uninvolved.
HOW OFTEN SHOULD THE BOARD MEET?
As with the size of your board, the number of board meetings each year should be determined by the work that needs to be accomplished. For logistical and practical reasons, larger boards often meet less frequently, leaving much of the work to the board’s committees.
Regular attendance at board meetings is one of the individual responsibilities of board members. Your organization’s bylaws should include an attendance policy that clearly states the number of meetings that can be missed by an individual board member before he or she is asked to leave the board. Develop an annual schedule of meetings determined a year in advance. Circulate clear and thorough information materials, including an agenda, to all members
two to three weeks before each meeting. Maintain complete and accurate minutes of all meetings, and keep meetings brief and well focused. An organization’s bylaws should also state the number of board members required to constitute a quorum. Without a quorum, the board is unable to conduct its official business.
WHAT KIND OF TERM LIMITS SHOULD BOARD MEMBERS SERVE?
There are no hard-and-fast rules for determining board members’ tenure. Many organizations
do, however, limit members to two consecutive terms and require a hiatus of one year before a
board member may be reappointed. Many organizations also stagger terms of service so that
one-half or one-third of board members are elected every one or two years for terms of two to
six years. Such policies encourage institutional renewal because a board can profit from the
experience of veteran board members while welcoming the fresh perspective that new members
offer. Board members on hiatus can remain active in committee service or serve in an
advisory capacity. Term limits are a painless mechanism for rotating inactive or ineffective
members off the board. These policies should be written into the organization’s bylaws.

Creating A Board for Your HOA, POA or Condominium Association

WHO SHOULD BE ON THE BOARD?
The board should be composed of a diverse group of individuals who are interested in working toward the organization’s mission and have the particular skills that will help to contribute to a well-run organization. For instance, you may want to seek out people with financial, marketing, or legal backgrounds. You may want to consider bringing on someone with an entrepreneurial
background, or someone who is proficient with emerging technologies. You may
also want to recruit members who have influence in the community, work at similar types of organizations, or are representative of the community you are serving. Having this collective knowledge from the beginning will help you make informed decisions. You will also find that as your organization matures, your board composition needs may be very different from those of your founding board. The role of the board tends to change over time as the organization
develops and matures. Early in an organization’s life, the primary need for the board may be individuals who are prepared to give a great deal of time and energy. Later, you may find that as paid staff are brought on, the board focuses primarily on the governance functions of the organization and is less involved with the smaller details of bringing the organization up to speed.
HOW BIG SHOULD THE BOARD BE?
Boards can vary in size from three to more than 50 members.  Each state has regulations that determine the minimum size of the board, but the optimum number of people who sit on the board should be determined by the needs of the organization. Assess the list of tasks that the board needs to accomplish and plan your board around the jobs that need to be done. There should be enough meaningful tasks for the board to accomplish without leaving board
members feeling overburdened or uninvolved.
HOW OFTEN SHOULD THE BOARD MEET?
As with the size of your board, the number of board meetings each year should be determined by the work that needs to be accomplished. For logistical and practical reasons, larger boards often meet less frequently, leaving much of the work to the board’s committees.
Regular attendance at board meetings is one of the individual responsibilities of board members. Your organization’s bylaws should include an attendance policy that clearly states the number of meetings that can be missed by an individual board member before he or she is asked to leave the board. Develop an annual schedule of meetings determined a year in advance. Circulate clear and thorough information materials, including an agenda, to all members
two to three weeks before each meeting. Maintain complete and accurate minutes of all meetings, and keep meetings brief and well focused. An organization’s bylaws should also state the number of board members required to constitute a quorum. Without a quorum, the board is unable to conduct its official business.
WHAT KIND OF TERM LIMITS SHOULD BOARD MEMBERS SERVE?
There are no hard-and-fast rules for determining board members’ tenure. Many organizations
do, however, limit members to two consecutive terms and require a hiatus of one year before a
board member may be reappointed. Many organizations also stagger terms of service so that
one-half or one-third of board members are elected every one or two years for terms of two to
six years. Such policies encourage institutional renewal because a board can profit from the
experience of veteran board members while welcoming the fresh perspective that new members
offer. Board members on hiatus can remain active in committee service or serve in an
advisory capacity. Term limits are a painless mechanism for rotating inactive or ineffective
members off the board. These policies should be written into the organization’s bylaws.

High Performing Board Practices

The public debate on boards often focuses on catastrophic failure. In many cases, the boards actually meet the standards and follow the right policies, but were not committed enough and left to ask the right questions.

Exceptional boards center around four key concepts or practices:

Strategy
This includes being mission-driven, using strategic thinking, and maintaining of sustainable resources.

Responsibility
This includes having  compliance with integrity, being results-oriented, and promoting a spirit of transparency.

Building relationships
This includes developing a constructive partnership between the home owners and the board, ensuring revitalization, and implementing intentional board practices such as thinking about the board’s size, structure, and meetings.
Dynamic
This includes fostering a culture of openness to ensure that all voices are heard, respective practice when making decisions, and demonstrating continuous learning through guidance, education beyond the boardroom and self-evaluation of the board as a whole and the members of the Board.

The true essence of an exceptional board is in the way members of the board and homeowners are interrelated to create something much richer and more powerful than anyone can create one.

When thinking about each other’s participation differently in the meeting, you want to make sure you understand why. It is not just because of better conversations; it is because they have better information and ask better questions which lead to more robust discussions, more authentic debates, and better decision making.

By strengthening our Boards, we will have stronger organizations, and in time much stronger communities. HOA Board leadership is critical to serving the public good and the impact of our State and Country.

High Performing Board Practices

The public debate on boards often focuses on catastrophic failure. In many cases, the boards actually meet the standards and follow the right policies, but were not committed enough and left to ask the right questions.

Exceptional boards center around four key concepts or practices:

Strategy
This includes being mission-driven, using strategic thinking, and maintaining of sustainable resources.

Responsibility
This includes having  compliance with integrity, being results-oriented, and promoting a spirit of transparency.

Building relationships
This includes developing a constructive partnership between the home owners and the board, ensuring revitalization, and implementing intentional board practices such as thinking about the board’s size, structure, and meetings.
Dynamic
This includes fostering a culture of openness to ensure that all voices are heard, respective practice when making decisions, and demonstrating continuous learning through guidance, education beyond the boardroom and self-evaluation of the board as a whole and the members of the Board.

The true essence of an exceptional board is in the way members of the board and homeowners are interrelated to create something much richer and more powerful than anyone can create one.

When thinking about each other’s participation differently in the meeting, you want to make sure you understand why. It is not just because of better conversations; it is because they have better information and ask better questions which lead to more robust discussions, more authentic debates, and better decision making.

By strengthening our Boards, we will have stronger organizations, and in time much stronger communities. HOA Board leadership is critical to serving the public good and the impact of our State and Country.

Build a Successful Board for Your HOA, POA or Condo Association

WHO SHOULD BE ON THE BOARD?
The board should be composed of a diverse group of individuals who are interested in working toward the organization’s mission and have the particular skills that will help to contribute to a well-run organization. For instance, you may want to seek out people with financial, marketing, or legal backgrounds. You may want to consider bringing on someone with an entrepreneurial
background, or someone who is proficient with emerging technologies. You may
also want to recruit members who have influence in the community, work at similar types of organizations, or are representative of the community you are serving. Having this collective knowledge from the beginning will help you make informed decisions. You will also find that as your organization matures, your board composition needs may be very different from those of your founding board. The role of the board tends to change over time as the organization
develops and matures. Early in an organization’s life, the primary need for the board may be individuals who are prepared to give a great deal of time and energy. Later, you may find that as paid staff are brought on, the board focuses primarily on the governance functions of the organization and is less involved with the smaller details of bringing the organization up to speed.
HOW BIG SHOULD THE BOARD BE?
Boards can vary in size from three to more than 50 members.  Each state has regulations that determine the minimum size of the board, but the optimum number of people who sit on the board should be determined by the needs of the organization. Assess the list of tasks that the board needs to accomplish and plan your board around the jobs that need to be done. There should be enough meaningful tasks for the board to accomplish without leaving board
members feeling overburdened or uninvolved.
HOW OFTEN SHOULD THE BOARD MEET?
As with the size of your board, the number of board meetings each year should be determined by the work that needs to be accomplished. For logistical and practical reasons, larger boards often meet less frequently, leaving much of the work to the board’s committees.
Regular attendance at board meetings is one of the individual responsibilities of board members. Your organization’s bylaws should include an attendance policy that clearly states the number of meetings that can be missed by an individual board member before he or she is asked to leave the board. Develop an annual schedule of meetings determined a year in advance. Circulate clear and thorough information materials, including an agenda, to all members
two to three weeks before each meeting. Maintain complete and accurate minutes of all meetings, and keep meetings brief and well focused. An organization’s bylaws should also state the number of board members required to constitute a quorum. Without a quorum, the board is unable to conduct its official business.
WHAT KIND OF TERM LIMITS SHOULD BOARD MEMBERS SERVE?
There are no hard-and-fast rules for determining board members’ tenure. Many organizations
do, however, limit members to two consecutive terms and require a hiatus of one year before a
board member may be reappointed. Many organizations also stagger terms of service so that
one-half or one-third of board members are elected every one or two years for terms of two to
six years. Such policies encourage institutional renewal because a board can profit from the
experience of veteran board members while welcoming the fresh perspective that new members
offer. Board members on hiatus can remain active in committee service or serve in an
advisory capacity. Term limits are a painless mechanism for rotating inactive or ineffective
members off the board. These policies should be written into the organization’s bylaws.

Reviewing Financial Statements

As part of its financial oversight responsibility, a nonprofit board should review an organization’s audited financial statements on a periodic basis. These statements include:

• Statement of Activities (Income Statement)
• Statement of Cash Flows
• Statement of Functional Expenses
• Notes (footnotes)

Creation of the statements is the responsibility of management and they are typically produced monthly. The monthly statements are presented for the month just ended as well as for the year-to-date to provide valuable reference points and to allow the board to see how well the actual results follow projected assumptions. At year end, the year-to-date figures reflect the accumulation of the previous 12 months of transaction activities applied to the balance sheet and income statement.

Here are some tips for board members reviewing financial statements

• Request that management show cash to the board in a trended monthly format (preferably as a graph) to highlight the movement of the organization’s cash balances.
• If accounts receivable or promises to give are a major portion of your organization’s balance sheet, ask the organization’s finance division to summarize its effort to maximize cash collections and to minimize bad debts and write-offs. Also request that they provide the policy for classifying purchases as capital assets and for depreciating them.
• Examine the most recent footnotes to the financial statements and discuss with the auditors any significant issues.
• Analyze with senior management the benefits and costs of adopting procedures similar to those outlined in the Sarbanes-Oxley Act. Discuss with the auditors the changes that would need to be made under the adoption.

This is an excerpt from the book Understanding Nonprofit Financial Statements, Third Edition by Steven Berger.

What do Board Members do anyway?

Some people might wonder what Board Members do. Hopefully, this will shed some light on their duties and responsibilities for your community.

Homeowners Association Board

Board Members have a set number of responsibilities when they volunteer for your community.  Remember, they volunteer! So make sure you thank them for what they do.

Board Members are challenged typically on a daily basis with different aspects from personalities and duties and responsibilities within the community.  They have a definite purpose and specific duties to fulfill for your community.

 

The role of the Board is to set policy, standards, budgets and procedures for the association.

Probably the most important duty is the fiduciary obligations to the association.  This can be characterized into two parts; the duty of loyalty and the duty of care.  The duty of loyalty is requires the Board Member to act in good faith always in the interest of the community.  Never acting in their own interest or in the interest of another person. The duty of care requires the Board Member to act in a reasonable, informed manner when participating on the Board and making decisions for the day to day community’s care.

Board Members are able to delegate the duties of the association, but not the responsibility of their positions. It is the Board that is ultimately responsible for the association even if the Board hires a management company.  They can direct actions on behalf of the association, but the Board is completely responsible to the community. 

The governing documents as well as state and federal statues outline the Board responsibility within the community.  Areas of responsibility typically include:

• ·         Care, maintenance and enhancement of common areas including facilities and physical property.
• ·         Management of community finances and any reserve funds.
• ·         Community harmony.
• ·         Any employment the association has and the human resources of the community.
• ·         Interpretation, creation, enforcement of the rules and regulations of the community.
• ·         Community insurance needs and making sure guidelines for such are followed in the declaration.

This is in no way a full compilation of everything your board members do, just an overview of some of their duties.

Source: http://www.hoamanagementdirectory.com/blog.html?action=more&id=79

CONDOMINIUM INSURANCE – WHO COVERS WHAT?

Most condominium association‘s “Declaration of the Condominium” (hereinafter referred to as declaration) follow the wording of Chapter 47C of the North Carolina Condominium Act with regard to the definitions of “common elements” and “units”.  The Declaration specifies what insurance is to be provided by the association and what insurance is to be provided by the unit owners.In the statute, 47C-2-102, Unit boundaries it says: “Except as provided by the declaration:

(1)   If walls, floors or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finishes flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit; and all other portions of such walls, floors, or ceilings are a part of the common elements.

(2)   If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated exclusively to that unit, and any portion thereof serving more than one unit or any portion of the common elements in a part of the common elements.

(3)   Subject to the provisions of paragraph (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(4)   Any shutters, awnings, window boxes, doorsteps, stoops, decks, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit but located outside the unit’s boundaries are limited common elements allocated exclusively to that unit (1985 (Reg. Sess., 1986), c.877, s.1.)”

The Declaration of most associations specify that the association shall provide coverage for “common elements” and each unit owner must insure his “unit”.  This would suggest that a unit owner would need to include Coverage A Building under the standard condominium unit owners HO6 to cover the elements of the unit that are actually part of the building (contrasted to “contents” such as clothing, TV‘s, etc.).  The parts of the “unit” which cause concern are building type items such as floor covering, wall covering, built in cabinets and appliances, and interior non-load bearing walls and partitions.

Under 47C-3-113, Insurance (a), “Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent available:

(1)   Property insurance on the common elements insuring against all risks of direct physical loss commonly insured against including fire and extended coverage perils.

47C-3-113 (b) “In the case of a building containing units having horizontal boundaries (multi-story buildings) described in the declaration, the insurance maintained under subdivision (a)(1), to the extent reasonably available, shall include the units, but need not include improvements and betterments installed by unit owners.  This seems to imply that the master policy should include all that comes with the unit at the time of purchase (with standard) allowances.  The unit owner would need to insure the value of any upgrades under the Coverage A Building part of his HO6.

An attorney who has much experience in preparing Declarations has responded to an inquiry as follows: “In response to your memo, please note that, per section 47C-1-104(a) of the Condominium Act “Except as specifically provided in specific section of this chapter, the provisions of this chapter may not be varied by the declaration or the by-laws.”  Section 47C-3-113 (the insurance provision to which your memo refers) states that it may be varied or waived “in the case of a condominium all of whose units are restricted to nonresidential use.”  Accordingly, regardless of what the declaration or by-laws say, unless the insurance is not “reasonably available”, if the condominium contains residential units with horizontal boundaries, the insurance must include the units (but need not include improvements or betterments installed by the unit owners.)

Therefore, we conclude that the Association master policy must cover these described items and the amount of insurance selected should reflect these values.

Another issue is the association policy deductible which can be as much as $10,000.  Perhaps the individual unit owner is uncomfortable with such a large deductible.  A solution would be to purchase an amount of Coverage A Building under the HO6 equal to the cost of his upgrades plus $10,000.  The association policy is primary but it does not cover “upgrades” nor anything under $10,000, so the solution suggested will work.  Also, the HO6 building coverage is not subject to a coinsurance clause.

In order for this solution to work, the association Declaration must follow 47-C-113 (b) of the statute.  The alternative method is to say in the Declaration that the associations will provide coverage on the “common elements” only and each unit owner will have to cover all parts of the unit (including walls, floor coverings, built-ins, etc.)  This method calls for the developer/builder to inform each unit owner as to what the replacement cost of such items is so that the proper amount of Coverage A Building coverage can be obtained by each owner.  Not only is this a cumbersome method, but it appears to be contrary to what is dictated by the statute.