Contributed by Kelly Zook Sweeney, Esq., and Kathleen N. Machado, Esq.
New community association board members often need to hit the ground running, but it’s also incredibly important to set aside time to understand the inner workings of the association. When new board members become familiar with the players, governing documents, budget, reserve study, and more, they can confidently guide the community and fulfill their responsibilities.
THE PLAYERS
Ask a few questions and find answers to acquaint yourself with fellow board members, committee members, management, staff, and business partners.
- Is your community a homeowners association or condominium association? It may seem obvious at first glance, but that is not always the case.
- Is your community a subassociation or master association? Ensure you understand the relationship between the subassociation and master association and have access to the governing documents for all applicable associations.
- Who is eligible to serve on the board? How often does the board meet? Is the board ensuring all meetings are open to the membership? Is notice being provided?
- How are officer positions appointed? What is the term for officer positions?
- Have committees been established? If so, what committees? Have charters been adopted to ensure committees understand their roles and responsibilities? Is there a liaison between the board and committees?
GOVERNING DOCUMENTS
Reviewing governing documents closely and speaking with management should provide answers to the above questions. You also should look to the governing documents to answer questions such as “Can the board authorize a vehicle to be towed?” or “Can this owner install a basketball hoop?”
Governing documents typically include the recorded declaration, plats, plans, bylaws, articles of incorporation, and deed of subdivision. The declaration, deed of subdivisions, and bylaws for condominiums often will be recorded in land records. The articles of incorporation will be on file. Plats and plans are part of county development records. There also are rules and regulations that apply to your community. Several mandatory rules and regulations should be in place including a complaint policy resolution, records access policy resolution, and electronic meeting policy resolution.
Many boards also have policies in place for collections, due process, insurance claims and casualty losses, communications, architectural standards, move-in and -out, pets, facilities, pools, committees.
You don’t need to memorize all these documents but should know they exist and to turn to them to answer any questions that arise.
BUDGETS AND RESERVE STUDIES
Each year, the association is required to adopt a budget. You will need to confirm deadlines for passing the budget and distributing it to the membership.
Many associations are required to perform a reserve study. If you have not reviewed it, request a copy of the most recent version. You will want to verify the scope of the study
INSURANCE
It is extremely important to be familiar with the association’s insurance policy and how claims should be processed before a large casualty loss occurs. Review the association’s current coverage and compare it to requirements in the governing documents. Confirm the deductible on the property insurance policy. It is helpful to have a policy resolution related to casualty losses and claims to explain when to report claims, how claims should be processed, and when owners may be responsible for the deductible and any additional uninsured losses.
CONTRACTS
During most board meetings, you will review contracts. There may be contracts for waste removal services, utilities, and landscaping. In addition, there are likely agreements in place for professional services such as management, attorneys, engineers, reserve specialists, and auditors. All agreements should be in writing.
Before signing a contract, verify all licensing and permits. For major project contracts, verify all parties and confirm if a consultant is administrating the project.
COVENANTS ENFORCEMENT
Can the association regulate all exterior changes? Can the association regulate structural alterations versus nonstructural alterations? This authority will be specific to the community. If a violation exists, what remedies are available? Can the association impose fines? Can it suspend use privileges, file lawsuits, exercise self-help? To impose fines, the specific authority of the association must be in the recorded covenants.
A board member needs to ensure the association has procedures in place to avoid selective enforcement. Is the association conducting routine inspections? Where are the inspections taking place? Is the board or a committee or management conducting the inspections?
COLLECTIONS
As members of the association, owners are required to submit payment for assessments levied by the association. The governing documents set the fiscal year for the association along with the period for assessments and installment payments such as annual, biannual, monthly, or quarterly. The governing documents will set due dates and whether the association has authority to impose late fees, interest, costs of collection charges, and legal fees.
The board should work with management and legal counsel to ensure delinquent accounts are properly turned over for collection to protect the financial interest of the association.
MEETINGS
Board meetings are held to conduct the business of the association and must be open to the membership unless the board moves into an executive session as permitted by law. The board must keep proper meeting minutes. The agenda and board packet must be made available to the membership.
Committee meetings should mirror board meetings and should be open to the membership. Committees should take minutes and provide a copy of them to the board or management to maintain in association records. Membership meetings are held annually unless a special meeting of the membership is called. Prior to scheduling the annual meeting, confirm how much advanced notice must be provided.
COMMUNICATION
Many associations are required by law to provide a method of communication between the membership and the board and a method of communication among the membership. Determine the best methods for your community.
Conducting the business of an association can be a daunting task, but new board members don’t have to learn everything on day one. Rely upon the experience of fellow board members, ask questions, and don’t hesitate to turn to management or legal counsel for advice and assistance.
Kelly Zook Sweeney and Kathleen Machado are with Rees Broome in Tysons Corner, Va.
>>Read more about board member transitions in “Come Aboard” in Common Ground July/August 2025.
