Requirement for holding office

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The following information was extracted from literature written by Alan Young, Esq. in his attempt to broaden the educational process of Board members. He is a partner in our solicitor’s legal firm, Young & Harros LLC. Board members have the following responsibilities:

Fiduciary Duty, meaning they act for the benefit of other persons and not for themselves or for their own self-interests.

Directors of a nonprofit corporation, meaning most community associations, should be careful in their actions. They must also be diligent in their actions, meaning they must, among other things:

1. Attend and participate in meetings.

2. Oversee management.

3. Collect reasonable capital reserves.

4. Obtain appropriate professional assistance.

5. Enforce regulations and collect assessments.

6. Investigate issues reasonably before making decisions.

7. Otherwise properly conduct the affairs of the Association.

They owe Honesty and Loyalty to the Association. In addition, they must be loyal to the corporation’s interests, legal documents and formal policies only, and not to their own personal interests.

They must comply with the terms of the Declaration, Articles of Incorporation, Bylaws, rules and policies of the Association.

Confidentiality, making a distinction between information that should be made available to the general membership and information that should only remain accessible to the Directors.

Conduct of Meetings done in a business-like atmosphere, cordial and debate on issues respectfully, with the Board members listening attentively as well as speaking in turn in support of a particular point of view.

The President should achieve a consensus on issues and, in general follow Modern Rules of Order.