Residential Estate Industry Journal 5 | Page 68

BEST PRACTICE: GOVERNANCE FOR COMMUNITY ASSOCIATIONS ACCURATE BALANCE EQUITABLE COMPLIANT Information Process Funds Legal Estate managers, HOAs, bodies corporate and other community associations are responsible for managing huge swathes of land and property worth millions of rands, and are responsible for ensuring that the homes of hundreds, perhaps thousands, of people remain a safe and uplifting place to stay. This requires high levels of integrity and unimpeachable governance. Governance and resident involvement • • There exists a mechanism a nd procedure for assuring residents’ obligations to adhere to the governing documents, Minimally, a quality community association should comply with all of the following statements: • • There is a functioning board that meets regularly and that is carrying out its duties and responsibilities. • • The board has disclosed to the owners all association and a confidential and safe forum for the resolution of disputes. • • Management is licensed, certified or holds appropriate credentials evidencing its competence to manage the community. information that is required by law and the governing • • Appropriate insurance is maintained by the association. documents, including the articles of association. • • A system is in place to administer property damage and • • The association’s legal documents, resolutions, books of accounts and records are open to inspection by owners on reasonable notice during regular business hours. personal injury claims. • • The board budgets for ongoing education of members of the board, particularly for newly elected or appointed members. • • Owners may attend board meetings, except when the board meets in an executive session. • • The board provides for due process for owners in A policy governance model association-related matters, and encourages the use of alternative dispute resolution. Boards should delegate the day-to-day operations to staff so • • The board conducts, and produces minutes of, all meetings. that they can focus on the bigger picture – the longer-term • • Election procedures conform to the governing documents needs of the organisation. The book of governance establishes and applicable law, with information regarding the process the board as a legislative body, and the manager as the available to all owners. executive. The function of the board of directors is to set policy. • • A system is in place to respond to owners’ requests for association-related matters. • • A system is in place for property inspections and monitoring to ensure proper maintenance and appearance, both current and preventive. • • The board communicates with the owners periodically to The function of the manager is to carry it out, thereby creating a more efficient community association. The book of governance should contain a vision statement, mission statement and all policies. Transition from developer control provide information concerning the association and to get The first opportunity that owners will have to become involved feedback. in their community association is during the process in which the 68