Adams Stirling PLC


Title. Unless an association's governing documents state otherwise, the president is elected by fellow directors, not by the membership, and serves at the pleasure of the board. (Corp. Code §7213.) More often than not, the president is referred to as the "Board President" or "President of the Board." There is no harm in using the term although technically most governing documents define the office as "President of the Association."

Duties. Unless otherwise provided in the bylaws, a president's duties generally include:

  • presiding over board and membership meetings,
  • serving as liaison between management and the board,
  • serving as liaison between the association's attorney and the board,
  • serving as general manager and overseeing day-to-day matters, such as meeting with vendors, soliciting bids, etc. (unless a manager has been hired to handle those duties),
  • co-signing checks with the treasurer or secretary,
  • serving as an ex officio member of committees.

Small Associations. In small associations, it is not unusual for the president to oversee day-to-day operations. That means handling calls, meeting vendors and authorizing small expenditures. Boards can pre-authorize the president to spend up to $100, $200, $500, etc. on HOA matters at the president's discretion. The amount authorized varies from board to board and depends on the association's budget. Once a limit has been established, expenditures by the president must be reported to fellow directors. Reporting can be done as costs are incurred and then noted in the board's monthly financial report.

Duty to Monitor. Boards have a duty to monitor the president's actions. If the president fails to abide by spending limits set by the board, fails to timely report matters affecting the association or exceeds other limitations set by the board, fellow directors can immediately appoint a new president.

No Veto Power. The president cannot veto board decisions.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC