Academy/Community Management Companies
Manager authority
Where a manager's power to act actually comes from, and where it stops.
A manager's authority is only what the board has actually given it: the management contract, the association's governing documents, and specific board votes. Nothing more. A manager acting for the association is legally an agent, bound by the scope actually granted, not by what seems reasonable, urgent, or how a past manager operated.
Where a manager's authority actually comes from
Under general agency law, a manager acting for the board is an agent, someone who represents another party in dealings with third parties. That status is limited, not open ended.
"One who represents another, called the principal, in dealings with third persons."
Source: California Civil Code §2295, quoted in Association Manager (Managing Agent), FindHOALaw
Practically, that means every action a manager takes should trace back to one of three places: the management contract's scope of services and spending limits, the association's declaration and bylaws, or a specific vote the board took and recorded. A manager who signs, spends, or promises something outside all three has stepped past their authority, whether or not the outcome turns out fine.
What needs a specific board vote, not standing authority
Contracts commonly set a routine pre-approval threshold and an emergency-spending ceiling for the manager, but the exact dollar figures are negotiated per contract, not standardized. There is no general rule that sets one for every association. Find the actual number in your own management contract, not a rule of thumb.
What is broadly true is that a manager should act at the board's direction, with the board's knowledge, not on one director's say-so.
"At the direction of and with the full knowledge of the elected Board."
Source: Standards of Professional Conduct, CAMICB
Where a state licenses managers, some tasks are drawn as a bright line the manager may not cross without a license at all, separate from anything the contract could grant.
"Controlling or disbursing association funds."
Source: Community Association Managers and Firms, FAQs, Florida DBPR
That specific licensing line is Florida's. Whether your state licenses managers at all, and what falls on the licensed side of the line, varies; confirm it for your state rather than assuming Florida's list applies.
The line even a broad contract cannot cross
A contract can grant a manager wide operational authority, but it cannot grant authority to give legal advice or interpret a covenant for a specific homeowner's situation. In states that police the boundary, that is the unauthorized practice of law, and it applies no matter what the management contract says.
Decisions with serious legal consequences for an individual owner, such as authorizing a lien or a foreclosure referral, should be made by the board on the record, not left to the manager's discretion, even where the manager is capable of preparing the paperwork.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
The manager signs a $15,000 roof repair contract without asking the board first. The management contract sets no spending limit for the manager. What actually governs whether this was within the manager's authority?
A homeowner asks the manager to explain what a covenant clause means for their specific situation. What should the manager do?
One board member calls the manager directly and tells them to stop mail delivery to a delinquent owner. What should the manager do?
Sources
- Association Manager (Managing Agent), FindHOALaw
- Standards of Professional Conduct (CMCA), CAMICB
- Community Association Managers and Firms, FAQs, Florida DBPR
- Is Your Association Manager Practicing Law Without a License?, Merlin Law Group
Community Management Companies
Next, see how the board should be issuing those instructions in the first place: Board instructions to management.
Spending thresholds for manager authority, where the ministerial-versus-legal-judgment line falls, and whether unauthorized-practice-of-law rules apply the way they do in Florida all vary by state and by your own management contract.