Academy/Community Management Companies
What doesn't a manager do?
The manager runs the operation. It doesn't run the association.
A manager carries out board decisions; it doesn't make them. It has no vote, can't set policy or rules, and manages common areas and operations, not individual homes or homeowner-to-homeowner disputes. It also can't practice law: interpreting governing documents or advising on legal rights is an attorney's job, not the manager's.
The manager doesn't set the rules
A manager can research options, flag risk, and recommend a path. What it cannot do is decide. Policy, whether it's a new parking rule or a change to the collection process, is the board's call, made in a meeting, on the record.
"The manager does not set policy. That is done by the board of directors."
Source: Responsibilities of a Community Manager, CAI, HOAresources
The manager also has no seat on the board and no vote in a board meeting, even an informal one. If a manager is routinely the one steering the discussion to a conclusion rather than the directors, that's worth naming out loud, not just noticing.
The manager doesn't manage your home, and mostly stays out of neighbor disputes
A community association manager oversees common areas and the business operation of the association, not the inside of anyone's house. That's a different job from a rental property manager, who does manage individual leased units.
The same boundary shows up in disputes between owners. A disagreement over a shared fence's paint color, where the CC&Rs are silent, generally isn't the manager's problem to solve.
"will not get involved in homeowner disputes unless association rules are being violated"
Source: Responsibilities of a Community Manager, CAI, HOAresources
Once a governing rule actually is at stake, the manager's job shifts to enforcement, and the line moves to how that gets handled fairly, a topic covered in Violation management.
The manager doesn't practice law
Managers routinely fill out state forms, draft meeting notices, and prepare ballots. That's ministerial work: following a format the board or the law already sets. It becomes something else the moment it requires legal judgment: interpreting what the CC&Rs mean, deciding who is entitled to vote, or advising an owner on their legal rights. Florida's guidance draws this ministerial-versus-legal-judgment line in detail, but the specific list of allowed and prohibited tasks is Florida's own; other states police the manager-and-attorney boundary differently, so check what your state's bar or licensing board says.
A manager who tells a board "here's what I think the bylaws require" has crossed from administering the community to practicing law without a license.
The manager doesn't have authority you didn't give it
A manager acting for the association is an agent: someone who represents another party (here, the board) in dealings with third parties, like vendors or contractors. An agent is bound by the authority it's actually been given, in the management contract or by a specific board vote, and nothing more. The definition of "agent" and how strictly it's applied vary by state; some states also define a separate, narrower "managing agent" category tied to being paid to control association funds.
If a manager signs a contract or commits the association to spending outside what the board authorized, that's an authority problem the board needs to catch, not a power the manager inherently holds. More on where that line should be drawn in Manager authority.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A homeowner asks the manager whether a new parking rule is legally enforceable against a tenant. What should the manager do?
Two homeowners are fighting over a shared fence's paint color, and the CC&Rs say nothing about fence color. What should the manager do?
During a board meeting, the manager has a strong opinion on a vendor contract up for a vote. What is the manager's proper role in that moment?
Sources
- Responsibilities of a Community Manager, CAI, HOAresources
- How Community Managers and Property Managers Have Distinct Roles, CAI, HOAresources
- Is Your Association Manager Practicing Law Without a License?, Merlin Law Group
- Association Manager (Managing Agent), FindHOALaw
Community Management Companies
Next, see what a manager is responsible for, and exactly where that responsibility hands off to the board.
What counts as the unauthorized practice of law for a manager, and how strictly agency and managing-agent rules are defined, vary by state. Check your state's rules on manager licensing and your management contract's scope-of-authority language.