Leading For the Future
Board of Directors
Homeowners govern The Village at Pebble Lake through The Village at Pebble Lake Townhouse Owners’ Association, Inc (a.k.a. Pebble Lake Home Owners’ Association, PLHOA). The PLHOA Board of Directors has ultimate authority in the day-to-day operation and management of the community. The three-member board consists of the President, Vice President/Treasurer,and Secretary. Each serves a one year term. Homeowner elections are held every July to select new board members.
Officers of the Association
The association acts through its officers and agents. The board of directors makes the policies for the association, but the officers and agents carry out these policies and administrative functions for the community. Some of the officers are clerical while others carry out substantive functions based on policies established by the board of directors. All of the officers have an affirmative obligation to act with utmost good faith towards the association and cannot deal in the funds or the property of the association to their own self advantage.
The president of an association is vested with all the powers generally given to the chief executive officer of a corporation. While specific by-law provisions may vary the president’s duties, it is generally presumed that he or she will preside at all meetings of the board and the membership. The president will execute contracts, orders and other documents in the name of the association as its agent. When signing documents, the president will indicate the capacity in which he or she is signing. The president does not assume any any personal liability since the president’s signature, under most circumstances, will bind the association under a doctrine of inherent powers.
The president also assumes general charge of the day-to-day administration of the association and has the authority to order specific actions in furtherance of the board’s policies. The president serves as spokesman for the board of directors in most matters relating to general association business. Like all officers of the association, the president has an affirmative duty to carry out the responsibilities of the office in the best interests of the association. Unless otherwise specified in governing documents, the president serves at the will of the board of directors and can be removed with or without cause at any time by a majority of the full board.
The vice-president is vested with all the powers which are required to perform the duties of the association president in the absence of the president. The vice president does not automatically possess inherent powers to act in the capacity of the chief executive officer, and may act for the president only when the president is actually absent or otherwise unable to act. The vice-president may assume such additional duties as are defined by the board of directors. Often, the vice-president will chair one or more substantive committees like that of architectural review.
The secretary of the association is responsible for keeping and maintaining a record of all meetings of the board and the membership and is the custodian for most of the official records of the association. As the custodian for the minutes and other official records of the association, the secretary is responsible for insuring access to those records by the members of the association and their authorized representatives.
The treasurer is the custodian of the funds, securities and financial records of the association. While the association has a manager or management company that actually handles the funds on a daily basis, the treasurer’s duties will include overseeing the appropriate people to insure that the financial records and reports are properly kept and maintained. Unless the by-laws otherwise specify, the treasurer is responsible for coordinating the development of the proposed annual budget and for preparing and giving the annual financial report on the financial status of the association.
The treasurer does not have the authority to bind the association or the board of directors in dealings with third parties unless the board has provided express authority for the treasurer to do so. As with the association’s secretary, the treasurer does not have to perform the day-to-day record keeping functions of the association when this responsibility is transferred to a management company, but the treasurer will ultimately be responsible for insuring that the financial records of the association have been maintained properly in accordance with sound accounting practices.
The director participates in all board meetings and has an equal vote when board members are polled for board decisions. Their attendance can provide a quorum when there are board member absences and, by being one of five members, can provide a tie breaking vote if necessary.