This commentary follows up on my plan to restructure HOA governance[1] that first requires addressing the attitudes and views of BODs, the members, and the public in general. The conditioning and indoctrination by the biased views of the national pro-HOA special interest entity must be de-conditioned by a program of reorientation.
Once again I provide valuable information on the proper functioning of HOA boards in serving their “constituents,” their members.
The management[2] of a country, a state, or a local government, including the private HOA association, is commonly known as politics. Politics is:[3]
“the practice and theory of influencing other people on a civic or individual level. More narrowly, it refers to achieving and exercising positions of governance — organized control over a human community, particularly a state.
“exercised on a wide range of social levels, from clans and tribes of traditional societies, through modern local governments, companies and institutions up to sovereign states.
“A political system is a framework which defines acceptable political methods within a given society.”
Managing a government disguised as a nonprofit association has its unique requirements and demands that, for the most part, have been ignored. The commonly found guidelines from the national pro-HOA lobbying entity speak to an authoritarian government with member interests and concerns being secondary to the survival of the association. It’s an unacceptable deviation from the intents and purposes of our constitutional government.[4]
First, let me address the requirements for the sound management of a nonprofit association. Drucker[5] focuses on the overall, broad purposes and responsibilities of the board of directors (BOD) or board of trustees.
The general term “nonprofit” does not apply to HOAs because it is not a business nor a public government, but “government controls.” The reality of the HOA association is that it controls as does a public government.
Drucker asks, what is the mission of the nonprofit? A mission statement has to focus on “what the nonprofit really tries to do.” It cannot be “a kind of hero sandwich of good intentions.” Strategies “convert intentions into action.”
Most HOAs, especially the smaller HOAs, do not have a sound strategy that addresses their mission, goals, and values. But the HOA has an explicit mission and purpose as set forth in the CC&Rs[6] and need to be revisited and made consisted with Drucker and Batts (see below).
Second, in an excellent book on the need for director orientation,[7] the author feels board orientation is lacking and instituting a guideline will improve the nonprofit’s mission and goals. In his succinct book, as applied to HOAs, Batt’s makes the following important points:
Key areas of board action are “strategy, oversight, and policy.” In keeping with Drucker, “boards and board members should not micromanage the affairs” of the HOA.
The BOD has “full and final authority” over the HOA association; they are “not merely advisors” to the manager, other wisely known as the CAM. It’s regrettable that all too often the BOD abdicates to the manager and/or attorney who often are members of the same business trade group advancing their own self-agendas.
There is “no individual authority” of a board member to act and the president can only act based upon the authority set forth in the governing documents. Most presidents act, especially in the small HOAs, without board approval.
There is a “duty of obedience” to the laws and governing documents that all too often is ignored by not only rogue BODs, but by BODs who falsely believe to do so is in the best interests of the HOA.
Notes
[1] George K. Staropoli, A Plan Toward Restructuring the HOA Model of Governance, StarMan Press, 2020.
[2] Peter F. Drucker, “Management is the application of a set of principles relating to the functions of planning, organizing, directing and controlling an organization to effectively achieve organizational goals,” The Practice of Management, Harper Row, 1954.
[4] See Roger L. Kemp, “Forms of Governance,” Managing America’s Cities: A Handbook for Local Government Productivity, McFarland & Co., (2007).
[5] Supra, n. 1.
[6] See “Restructuring HOAs – intents and purposes,” supra n.1.
[7] Michael E. Batts, Board Member Orientation, Accountability Press, 2011. It’s a short, to the point, and easy to read paperback. Batts has over 25 years on nonprofit boards and has served on several Washington panels.
HOA Constitutional Government 