Position Descriptions for Our Board's Directors Are Needed

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If elected to the Board, I will advocate for the Board to provide a Position Description for each Officer and a Director, and I will offer to draft them with input from them and FirstResidential.

Former Board Director Fred Kydd, a couple of months before his passing, described to me  in detail each of his specific activities and the amount of time for each activity during the previous month. He estimated that he, and probably other Directors, likely devote approximately 40 hours per month. Jon, our HOA Manager, confirmed that 40 hours per month is probably the average per director.

In my experience, having served on ten boards of directors, boards usually have a position description for their directors.  They also have one for each of the board’s officers. They are used to inform applicants for the board to know what is expected as they consider board service, act on them when serving, and be accountable to each other.

Having a position description will help a homeowner interested in serving on a board decide if they have the time to serve and are up to it. Homeowners who will vote for candidates for a board, learning of their qualifications or recent performance, are better able to evaluate and vote for them.

According to Jon, our HOA Manager, our Board does not have such position descriptions. I asked the Board at its February Open Board Meeting to provide a position description for a Director who is not an officer. I received a letter from Mari Cruz Salazar following the Meeting effectively denying my request. She outlined some of the responsibilities and, in a subsequent email, said that position descriptions are not needed because the Davis-Stirling Act and our Bylaws tell us what we need to know.

Why wouldn’t our Board want to have position descriptions? Maybe they would scare off homeowners from serving because of the responsibilities? Perhaps current Directors want to shape new Directors in their ways, developed over many years. Could it be that they don’t want homeowners to know how to evaluate their performance? Keep the actual things they do secret?

It wouldn’t be difficult or time consuming for our Board to develop such position descriptions. All of the current directors and officers have considerable experience serving. There are numerous resources by just Googling for them. And our Management, provided by FirstService Residential, manages over 9,000 communities with boards. The following information from the Act, which requires the HOA to have a board of directors describes the significant responsibilities of the board, and its officers.

"California HOA boards are responsible for governing the association, maintaining common areas, enforcing CC&Rs, managing finances (budgets, reserves, dues), and upholding fiduciary duties under the Davis-Stirling Act. They must act in the best interest of the community, manage vendors, and ensure proper record-keeping. Key responsibilities include:

• Financial Management: Creating annual budgets, collecting assessments (dues), managing reserve funds, and ensuring financial reports are accurate.
• Maintenance & Operations: Maintaining and repairing common area elements (e.g., elevators, pools, landscaping) and safety features like lights and gates.
• Rule Enforcement: Fairly enforcing the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and operating rules.
• Governance & Fiduciary Duty: Acting in good faith, with care, and in the best interest of the  community. This includes holding regular, open meetings and keeping  accurate records.
• Legal Compliance: Adhering to the Davis-Stirling Common Interest Development Act and relevant California Corporations Code.
• Vendor Management: Hiring and managing vendors for services like landscaping, cleaning, and security." 

" A California HOA President serves as the chief  executive officer and primary leader, presiding over all board and  association meetings, acting as the main liaison to management  companies, signing legal documents/contracts, and ensuring compliance  with governing documents and state laws (Davis-Stirling Act). They oversee operations, committees, and financial health while maintaining community harmony. Key duties and responsibilities include:

• Meeting Leadership: Presiding over annual and board meetings, preparing agendas with the secretary, and maintaining order.
• Liaison Duties: Serving as the primary contact for the community manager, vendors, and contractors to ensure smooth operations.
• Document Execution: Signing binding contracts, checks, and legal documents on behalf of the association.
• Operational Oversight: Ensuring compliance with CC&Rs, enforcing rules, and overseeing committee activities.
• Financial Stewardship: Working with the treasurer to oversee budgets, approve expenditures, and ensure financial accuracy.
• Strategic Direction: Setting a positive example, man"

"A  California HOA Treasurer is a board-level fiduciary responsible for the association's financial health, ensuring compliance with state regulations, and safeguarding assets. Key duties include preparing the annual budget, overseeing income/expenses, managing reserve funds, ensuring tax compliance, and providing monthly financial reports to the  board. They work closely with management companies to monitor delinquent assessments and coordinate annual audits.

• Financial Record-Keeping: Maintains accurate, detailed financial records and ensures all documents are properly retained.
• Budgeting: Leads the creation of the annual operating budget, projecting expenses, and adjusting for inflation.
• Assessments & Collections: Ensures timely collection of homeowner dues and oversees the monitoring of delinquent accounts.
• Reserve Fund Management: Ensures a reserve study is updated and that the reserve fund is properly funded to cover long-term repairs.
• Financial Reporting: Reviews monthly financial statements and presents them to the board, highlighting significant variances.
• Tax & Audit Compliance: Ensures tax returns are filed on time and acts as the liaison for auditors or CPAs.
• Bank & Insurance Oversight: Manages bank accounts, ensures proper insurance coverage, and authorizes payments. 

Specific California Requirements & Best Practices

• Fiduciary Duty: Under California law, the treasurer must act in the best interest of the association and its members.
• Document Review: Must be familiar with the governing documents, including Bylaws and CC&Rs.
• Internal Controls: Implements safeguards to prevent fraud or misuse of funds".