Academy/Starting as a Board Member
Your first 30 days as a board member
A checklist for what to gather and learn before you vote on anything.
Your first 30 days as a new HOA board member are about gathering documents and information, not making changes. Request the governing documents and official records, learn your board's quorum and meeting notice rules, check whether your state requires a director certification, and understand that reasonable, good faith decisions are protected even if they turn out wrong.
Get your paperwork
Ask your manager or the outgoing board for the association's governing documents: the declaration (also called the CC&Rs), the bylaws, and the articles of incorporation. Then ask for the official records, the defined set of documents an association is required to keep, which typically includes minutes, financial statements, contracts, and insurance policies.
How long records must be kept, and how fast a request for them must be answered, is set by your state. Florida, for example, requires records to be kept for at least 7 years and produced to a member within 10 business days of a request. Your state's numbers may be different, so ask your manager or the association's attorney what applies to you.
Learn how your board's meetings actually work
Before you cast a vote, know two numbers: your board's quorum, the minimum number of directors who must be present to do business, and how much notice a meeting requires. Quorum is a hard stop. If it isn't met, nothing the board does at that meeting counts, no matter how obvious the outcome would have been.
"It is never permissible to transact substantive business in the absence of a quorum."
Source: Robert's Rules of Order, Frequently Asked Questions, Robert's Rules Association
Once a quorum is established, it stays in effect even if directors step out, unless someone actually points that out to the group. How much advance notice a meeting requires, and whether the notice must list the agenda, is set by your state and bylaws. Florida requires 48 hours' posted notice or 7 days' mailed notice naming the agenda items; your bylaws or state statute will set a different number, so look it up rather than assume.
Check whether you need to certify anything
Some states require a new director to certify something within a set window after election, and the requirement varies widely. Florida requires new directors to complete an approved education course within 90 days, with continuing education after that. Nevada instead requires directors to certify in writing, within 90 days, that they have read and understand the governing documents and the state's statute. Most states impose no equivalent requirement at all. Ask your manager which, if any, applies to you and put the deadline on your calendar now.
Where a certification deadline exists and is missed, the consequence generally falls on the individual director, not on the board's prior decisions. In Florida, a director who misses the deadline is suspended until they comply, but the statute is explicit that the missing certificate does not affect the validity of any board action already taken.
Know the standard you're held to
You will not be personally exposed for a decision that turns out badly if you made it the right way. Directors generally must act in good faith, with the care an ordinarily prudent person would use, and in a manner they reasonably believe serves the association, part of the fiduciary role of a director. Courts applying this standard defer to a board that investigated a problem and decided in good faith, within its authority, even if the outcome later looks wrong.
"Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercises discretion within the scope of its authority... courts should defer to the board's authority and presumed expertise."
Source: Lamden v. La Jolla Shores Clubdominium Homeowners Assn., Supreme Court of California
The exposure comes from skipping the investigation or acting outside the board's authority, not from a decision simply not working out.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
Five directors start the meeting. Two leave partway through, and nobody says anything about it. What happens to the board's ability to keep voting?
A new director misses the deadline for the state's required director certification. What happens to the votes that director already cast on the board?
The board investigates a leak, gets a contractor's opinion, and votes in good faith to patch rather than replace the roof. A year later the roof fails and owners are angry. What protects the board's decision?
Sources
- Robert's Rules of Order, Frequently Asked Questions, Robert's Rules Association
- Florida Statutes, section 720.303, Florida Legislature
- Florida Statutes, section 720.3033, Florida Legislature
- Nevada Revised Statutes, section 116.31034, Nevada Legislature
- Florida Statutes, section 617.0830, Florida Legislature
- Lamden v. La Jolla Shores Clubdominium Homeowners Assn., 21 Cal.4th 249 (1999), Supreme Court of California
Starting as a Board Member
Once you have the documents in hand, the next lesson walks through exactly what to ask for and who to ask.
Meeting notice periods, quorum numbers, records retention and response windows, and whether a director certification is required at all vary by state and by your own bylaws.