HOA Secretary: Handling Legal Compliance And HOA Records

hoa secretary

An HOA secretary is a member of the board of directors of a homeowners association. They fulfill specific tasks related to documentation and recordkeeping. It is important to understand the exact responsibilities of a secretary.

 

Who is the HOA Secretary?

A homeowners association secretary is an elected board member who manages the community’s official records and legal documents. They are also typically in charge of meeting preparation and administration. Together with other directors, the secretary attends board meetings, participates in discussions, and votes on association business.

 

What Does an HOA Secretary Do?

Exact HOA secretary duties and responsibilities can vary depending on the association’s governing documents, but they typically include maintaining HOA records, preparing for meetings, corresponding with others, signing documents, and providing records to owners. Let’s discuss these below.

 

1. Maintains HOA Recordshoa secretary duties

Recordkeeping is one of the primary HOA board secretary duties. They store critical records and keep them up to date. These include membership rosters, legal documents, policies, notices, contracts, board resolutions, and the governing documents themselves.

Depending on state laws and the governing documents, records must be kept for a certain number of years. For example, in Texas, associations with more than 14 lots must have a retention policy (Section 209.005). They must keep meeting minutes, financial records, tax returns, and audits for 7 years, while keeping owner account records for 5 years.

 

2. Prepares for Meetings

No list of HOA secretary duties is complete without meeting preparation and administration. It is the secretary’s job to create meeting agendas, send meeting notices, and record meeting minutes.

That said, some secretaries delegate the job of taking minutes to someone else. While this is generally permitted, the secretary must still oversee the process and review the minutes before approving the final draft.

 

3. Corresponds with Others

The secretary is also in charge of communication. One of the HOA secretary’s responsibilities is to respond to owner inquiries and liaise with vendors or HOA management companies. They also distribute updates and announcements as necessary.

 

4. Sign Documents

The secretary is typically one of the co-signers of legal documents. These include corporate filings, contracts, meeting minutes, and the HOA secretary certificate. In certain situations, they may sign a document alone.

 

5. Provides Records to Owners

Lastly, one of the duties of the HOA secretary is to respond to records requests. Homeowners generally have a right to examine or copy association records, including the governing documents, financial reports, and meeting minutes. The secretary handles these requests and produces records.

Depending on state laws and the governing documents, some communities may require owners to submit requests in writing and have a proper purpose for copying records. They might also charge a fee.

 

How is an HOA Secretary Elected?hoa secretary responsibilities

Homeowners who wish to secure the position of secretary must first run for a seat on the board. Once they are a director, the board members elect or appoint the secretary amongst themselves.

Of course, owners must first confirm that they are eligible for a board role. Not everyone can serve on the board. From there, they can nominate themselves at the next annual election. Most associations also provide a period for campaigning before the actual vote.

At the annual meeting, the final tally takes place. If an owner wins a position on the board, they officially become a director and can subsequently seek the secretary role. Anyone who runs for the position must be familiar with the HOA secretary job description.

 

HOA Secretary FAQs

Does an HOA need a secretary?

Many states require associations to elect a secretary, including Delaware (Section 81-306), Nevada (Section 116.3106), and West Virginia (Section 36B-3-106). These states also typically require the election of a president and a treasurer. Other than that, the association’s bylaws may mandate a secretary.

Of course, even without a legal requirement, associations will benefit from having a secretary. A secretary assumes countless responsibilities and helps reduce board burnout by sharing the workload.

 

Can anyone be HOA secretary?

State laws and the governing documents dictate the eligibility requirements of a board secretary. That said, requirements generally include being a homeowner, 18 years and older, and in good standing (no unpaid dues or pending violations). Some communities may bar candidates with felony convictions, as an insurance provider may reject fidelity coverage.

 

Can an HOA secretary also be president?

It depends on state laws and the governing documents. Smaller communities may want to combine two positions due to a low pool of candidates or directors, but this is not always a good idea. Giving one person too much power exposes the association to a higher risk of mismanagement, fraud, and conflicts of interest.

 

Does the HOA secretary have unlimited authority?

No, the secretary of an HOA does not possess unlimited power. They have the exact same voting authority as other board members and may not act unilaterally. The secretary may participate in discussions and vote as they deem best, but the board must work as a unit.

 

Does HOA secretary get paid?

No, the board secretary does not generally earn a salary. Board members are volunteers, so they don’t receive monetary compensation, not even a waiver of dues. Compensation may interfere with the volunteer status of directors, causing them to lose legal protections.

Of course, it ultimately hinges on state laws and the governing documents. Some communities allow it because they struggle to recruit volunteer leaders.

 

What are the qualities of a good HOA secretary?

To be a good secretary, a person must be organized, detail-oriented, and reliable. They are in charge of liaising with others, so they must also possess excellent communication skills. Beyond that, they must understand the governing documents, be able to keep certain things confidential, and work well with others.

 

Don’t Have to Work Alone

The HOA secretary carries a plethora of responsibilities, often to the point of fatigue or burnout. While it is important to have a homeowner as secretary, association boards can benefit from hiring professional assistance. An HOA management company can take over administrative tasks without seizing control from the board.

Are you looking for a trusted partner in HOA or condo management? Westward360 serves communities across the United States. Get started on more effective management by contacting us online or requesting a proposal!

 

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