In their efforts to manage the common interest development, the directors of an association have numerous duties under California law and as specified in the association’s governing documents. The general duties of directors include:
Enforcement – Enforce the governing documents through disciplinary measures and in some instances litigation.
Maintenance – Maintain and repair the common areas and other items which the association may have an obligation to manage under the governing documents or other contractual agreements.
Financial Management – Levy and collect assessments, pay the association’s bills, review financial records, prepare budgets and financial statements, and manage the reserve account.
Operations – Manage the day-to-day operations of the association. This typically involves utilizing professional management, legal, accounting, landscape, pest control, and insurance services. In addition, the board must set policies to ensure the smooth operation of the association and to govern the use of the association’s common area facilities and recreational amenities.
The powers and authority granted to the board under California law and the association’s governing documents are aimed at assisting the directors in carrying out these duties.
Fiduciary Duties
As fiduciaries, directors are held to a high standard of conduct in carrying out their duties for the benefit of the association and its membership.
Delegating Duties
Subject to certain limitations, the board may validly delegate some of its duties to other persons, such as a professional manager or committee of the association.
