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Q.Who is in charge of the homeowners' association (HOA)?
A.The homeowners are in charge of the homeowners association (HOA). The homeowners pursuant to the regulations imposed by the bylaws will elect a board of directors (Board) to run the homeowners association. The Board is required to act in good faith and to exercise reasonable care on behalf of all the homeowners. Specifically, the Board ensures the HOA's dues are collected, bills are paid, rules are enforced, bank statements are reviewed, and budget is prepared and distributed to the members. There are numerous other things for which the Board is responsible, as set forth in the HOA's Declaration of Covenants, Conditions and Restrictions ("CC&Rs"), Bylaws, the California Corporations Code and the Davis-Stirling Common Interest Development Act (California Civil Code §§ 1350 through 1376).
Even if the Board opts to contract with a professional management company to run the day-to-day operations of the HOA, the Board is still ultimately responsible for the management of the HOA and it is the Board who must answer to the homeowners.
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