By Beth Mulcahy, Esq.
A position on the board of directors is voluntary, but most newly elected board members want to do their best and start off on a good footing so they often ask me, “What are the most important things a new board member should do?” I have narrowed it to three important tips, and would advise seasoned board members to review these tips as well as new board members.
1. Read the association documents and the minutes of the previous year.
Declaration of Covenants, Conditions and Restrictions (CC&Rs):
The CC&Rs define the use of the land. The declaration outlines the standards for the community and establishes restrictions on use of the common property.
Articles of Incorporation: Sets forth the purpose of the corporation.
Bylaws: Sets forth the duties and terms of the officers and directors and sets the fiscal year and annual meeting date, quorum requirements, voting requirements and provisions for amendments.
Rules and Regulations: Serve as design guidelines or clarification of the CC&Rs to assist homeowners in regulating exterior design, and appearance and use of the property. Rules and Regulations are adopted by the board of directors.
2. Know where to find the Arizona Revised Statues that govern associations and condominiums and have a working knowledge of the statutes that govern your community association. You can find the Arizona Revised Statutes at www.azleg.gov.
The following Arizona Revised Statutes may govern your community association:
Title: 10 Corporations and Associations
Chapter: 24 General Provisions – Non Profit Corporations, A.R.S. Sections 10-3101 – 10-11908
Title: 33 Property
Chapter: 9 Condominiums; A.R.S. Sections 33-1201 -33-1270
Chapter: 16 Planned Communities; A.R.S. Sections 33-1801 – 33-1818
3. Continue to Learn
The board should set up a mentoring program to have experienced members train new board members.
The board should maintain a board book of important actions taken by the board for review.
Use professionals to help train board members and make ongoing community association education a part of the board position.
Learn the basics of parliamentary procedure.
Mulcahy Law Firm, P.C. can help train your board of directors. Please call our office at 602.241.1093 for more information.