December 2009
  reprinted with permission, Richard Thompson, www.regensis.net

Ask the HOA Expert
by Richard Thompson
For more innovative homeowner association management strategies, see Regenesis.net.

Question: A board member sent an e-mail to the board stating, "I submit my resignation to the board." The management company advises that it is not an official resignation until the board accepts it. Is that the case?

Answer: Directors are elected by the members and do not need the board's approval to resign. If a director quits, all she needs to do is communicate that to the board and it's done. It's now up to the board to appoint a replacement unless the annual meeting is happening very soon, in which case, a replacement can be elected.

Question: What the role of an HOA Manager at a board or annual meeting?

Answer: The role of the manager at a board meeting is to keep the board apprised of HOA business by giving a manager's report. That report should include maintenance accomplished or recommended, contractor issues, rules violations and actions, collection report and actions taken and rule/policy recommendations. The manager should request authority or guidance on issues that fall outside of the Management Agreement. The manager should not take meeting minutes since it distracts from the manager's advisor role. Taking minutes is the Secretary's job.

The Annual Meeting is a whole different story. The manager should arrange and process the Meeting Notice and proxies, arrange the venue and check in procedure. The manager should respond to questions from the board and members.