FREQUENTLY ASKED QUESTIONS

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About AMS

Association Powers and Decision Making

Association Structure and Funds

In general, the distribution of power and authority within the HOA is determined by the governing documents. Where the governing documents simply give the association power to do or approve something without specifically requiring owner approval, the power can be exercised by the board of directors without owner approval. In practice, most governing documents require owner approval for a variety of major decisions including changing the items which the association is responsible to maintain, changing the owners’ assessment percentages, changing the unit or lot boundaries, and imposing leasing or resale restrictions. The board of directors has complete control over all committees, officers, and managers. This means that the board decides who will serve in these capacities, and what authority they will have, subject only to restrictions in the governing documents. The board retains the power to override the decision of any committee, officer, and manager.

Common Interest Developments (aka Homeowner Associations)

Director Election and Term

Enforcement and Disputes

Insurance and Liability

Maintenance, Alteration, and Defects

Meetings and Decisions

Mortgages and Liens

Officers, Managers, and Committees

Most governing documents authorize the formation of one or more specific committees, but the board has the authority to create committees even if that power is not specifically mentioned in the governing documents. Unless the documents specify the size of the committee, the qualifications required of the members, and the method of selecting and removing the members, these matters can be determined by the board. Committee recommendations are not binding on the board, and committee decisions may be overridden by the board.

Owner Assessments

Ownership and Possession

Use of Common Area

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