Essential Guidance for New HOA Board Members (part 1 of 2)

If you are the newest board member for your HOA, things can seem confusing and a bit daunting. Congratulations on the role. Let’s dive right into the essential guidance you need to be successful.

1. Start with the Governing Documents: CC&Rs, Bylaws, and Rules & Regulations

The foundation of any HOA’s operations lies in its core governing documents. New board members should start with a thorough review of these documents to understand the community’s specific guidelines and legal framework.

• Covenants, Conditions, and Restrictions (CC&Rs)

  • The CC&Rs are the overarching document that sets out the community’s basic rules, restrictions, and obligations for homeowners. New members should understand the purpose and scope of the CC&Rs and recognize common restrictions (e.g., landscaping, property modifications, noise).

• Bylaws

  • HOA bylaws cover the association’s internal governance, including the election of board members, meeting procedures, and board powers. These are crucial for understanding the operational structure of the board, so new members should become familiar with these as soon as possible.

• Rules and Regulations

  • Rules and regulations provide specific standards for residents that may not be detailed in the CC&Rs. These often include guidelines on common areas, parking, and maintenance expectations. New board members should review these to understand the community’s expectations and enforcement protocols.

2. Know the Key State and Local Statutes

Each state has its own set of laws governing HOAs, which may include additional requirements beyond the association’s governing documents. New members should familiarize themselves with these statutes to ensure their decisions comply with the law.

• Fair Housing and Non-Discrimination Laws

  • Federal, state, and local fair housing laws protect against discrimination. New board members should understand the basics of these laws, particularly if the HOA has policies that could impact specific groups (e.g., rules about pets that could affect those with service animals).

• Local Ordinances

  • Some local municipalities have specific ordinances that may affect HOAs, such as noise, property maintenance, or landscaping requirements. New members should be informed of any relevant local ordinances to avoid potential conflicts.

3. Seek Out Training Resources and Legal Guidance

While documents and statutes may be dense, new members should seek resources that break down complex legal language into understandable concepts.

• HOA Training Workshops and Seminars

  • Many HOA management companies and law firms offer introductory workshops, webinars, or seminars on HOA governance and legal compliance. Attending these events can give new members practical insights into their responsibilities.

• Consult with Legal Experts

  • If the board has access to legal counsel, it’s beneficial to arrange an initial meeting where new members can ask questions about the documents and statutes. Legal counsel can clarify any confusing areas and ensure the board interprets legal requirements correctly.

• Internal Orientation Sessions

  • Existing board members or the association manager should conduct an orientation session for new members, covering critical aspects of the governing documents and statutes, as well as any recent changes that impact the community.

That’s a good bit to take in as a new HOA board member. Click here to read part 2.