Adams Stirling PLC


President of the Association. 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.

Voting Rights. Under Robert's Rules of Order, the president is not required to abstain from making motions or voting on motions. Unless an association's governing documents prohibit voting by the president, he/she may actively participate in board meetings and vote on all matters brought before the board, whether in open or executive session meetings.

PROCEDURE IN SMALL BOARDS. In a board meeting where there are not more than about a dozen members present, some of the formality that is necessary in a large assembly would hinder business. The rules governing such meetings are different from the rules that hold in other assemblies, in the the following respects: . . . the chairman [may] . . . vote on all questions. (Robert's Rules, 11th ed., pp. 487-488.)

The exception to voting is when the president has a conflict of interest and needs to recuse him/herself from the vote.

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.  If the president refuses to implement a lawful decision of the board, he/she can be removed as president and a new one appointed by the board.

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