The following question comes from a website visitor from Georgia. We would like to thank our Partner, FirstService Residential, for providing the answer.
Q: I am an HOA board member in a neighborhood with only about 75 homeowners. The only common area we have is a neighborhood lake. The HOA maintains the landscaping and insurance at the area next to the lake. We are having a difficult time recruiting a President and Secretary. The board members and Treasurer are showing up at meetings and addressing budgeting issues. My question is do we legally have to have a President and a Secretary as long as all of the duties of the HOA are being fulfilled? And what could happen if we can’t find anyone to volunteer for President or Secretary? Our dues are only $135 per year. Thanks for any insight you can provide.
A: Recruiting board members can be a difficult issue for big and small associations alike. For an association of your size, I have seen some success with the hosting of community events such as cookouts, movie nights, and block parties, hosted by the association. The active members of the board can then use this opportunity to get to know residents better and have before them an audience of “involved residents”. From this, they can potentially identify and encourage candidates to run.
The association documents typically specify the number of board members and sometimes the titles as well. It is strongly suggested that you operate the association with those positions filled. Your association’s counsel can best advise you on the risks associated with those positions being vacant or how to amend the size of the board of directors for your community.
The information provided is not intended to and must not be construed as or relied upon as, providing professional, or legal advice of any kind on any issue. This information provided may change depending on the situation. For specific guidance about your community and market, please consult with an attorney or work with a certified community manager.
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