Who Actually Manages Your HOA?

When you ask who “manages” your HOA, the answer may seem obvious—the property manager.

But not every issue that happens within an HOA is the responsibility of management—or even the Association.

The better question is:

Who is actually responsible for handling this issue?

Understanding that difference can help you know where to turn when something needs attention.

If you live in a homeowners’ association, chances are you have heard—or perhaps said—some version of this:

“Call the property manager.”

The landscaping doesn’t look right? Call the manager.

A vendor didn’t show up? Call the manager.

There’s a question about an application? Call the manager.

Something happened somewhere inside the community? Call the manager.

It can be easy to assume that the property manager is responsible for virtually everything that happens within an HOA.

But that isn’t quite how it works.

In fact, not every homeowners’ association even has a property manager.

Some associations contract with a professional management company.

Others employ their own management staff. And some associations are self-managed, with the Board handling many of the day-to-day functions that professional management might otherwise perform.

So who actually manages an HOA—and when there is a property manager, what is that person really responsible for?

Let’s take a closer look.

Who Is Responsible for Running an HOA?

Every homeowners’ association has a Board of Directors.

The Board governs the Association and exercises the authority given to it by Florida law and the community’s governing documents.

Management serves a different function.

When an Association uses professional management, management generally helps administer the day-to-day operations of the community and carry out the responsibilities assigned to it.

A simple way to understand the relationship is:

The Board governs.
Management manages.

The Board may adopt policies, approve contracts, authorize expenditures, adopt the annual budget and make other decisions on behalf of the Association.

Management helps put those decisions into action.

A manager might identify a problem, gather information, obtain proposals, communicate with vendors, answer homeowner questions and make recommendations to the Board.

But recommending a decision and having the authority to make that decision are two different things.

Does Every HOA Have a Property Manager?

No.

Associations can operate under different management structures.

A community may contract with a professional community association management company that assigns a manager to the Association. Depending upon the arrangement, that manager may work on-site or may manage several communities.

Another Association may directly employ its own manager and administrative or maintenance staff rather than contracting with an outside management company.

And some associations are self-managed.

In a self-managed HOA, the Board and volunteers may perform many of the administrative and operational functions that would otherwise be handled by professional management.

The size and complexity of the community, its budget, amenities and operational needs can all influence the management structure an Association chooses.

This is also why comparing the manager in one HOA with the manager in another can be misleading.

The responsibilities may be very different.

What Does an HOA Manager Actually Do?

There is no universal job description that applies to every HOA manager.

Depending upon the community and its management arrangement, a manager may coordinate Association vendors, respond to homeowner communications, oversee routine common-area maintenance, conduct property inspections, maintain Association records, assist with financial administration, process applications, obtain proposals and prepare information for Board meetings.

Management may also help administer the Association’s violation process, coordinate insurance matters, follow up on maintenance requests and implement decisions made by the Board.

In many communities, the manager becomes the person homeowners see and communicate with most frequently.

That visibility can create an understandable misconception:

If the manager is the person I call, the manager must be responsible for fixing everything I call about.

Not necessarily.

Being the Association’s primary point of contact does not mean management controls every service, every decision or every problem affecting an individual homeowner.

What Determines a Manager’s Responsibilities?

When an Association contracts with a professional management company, one of the best places to understand what management has actually been hired to do is the management agreement.

That agreement generally describes the services the management company will provide and may also establish limitations on its authority.

For example, management might be authorized to coordinate routine repairs but require Board approval before authorizing an expenditure above a certain amount.

A manager may obtain proposals for a project, but the Board may decide which proposal to accept.

Management may help prepare information used in developing the annual budget, while the Board ultimately adopts the budget.

A manager may administer portions of the Association’s enforcement process, while certain decisions remain with the Board or another body established by Florida law or the governing documents.

The same general principle applies when an Association directly employs its own management staff: the manager’s responsibilities and authority are defined by the Association rather than simply by the title on a business card.

That is why the title “property manager” alone does not provide a complete job description.

Can the Property Manager Make Decisions for the Board?

A professional manager may have considerable experience operating community associations and may provide valuable recommendations to the Board.

But management does not replace the Board of Directors.

If a major repair is needed, for example, management may investigate the problem, contact the appropriate professionals, obtain proposals and present information to the directors.

The manager may even recommend a particular course of action.

But if Board authorization is required, management cannot simply make the decision because doing so would be faster or easier.

The same principle can apply to contracts, significant expenditures, Association policies and other decisions reserved to the Board.

This can also explain why a homeowner sometimes receives an answer such as:

“This needs to go to the Board.”

That isn't necessarily passing the buck.

Sometimes it really does need to go to the Board.

Is Everything Inside an HOA the Manager’s Responsibility?

No—and this is where one of the biggest misunderstandings can occur.

Something can happen inside an HOA community without automatically becoming an Association responsibility.

Consider a simple example.

Imagine an HOA that contracts directly with a private waste company to service a central dumpster used by the community.

The Association is the customer. The waste company is an Association vendor.

If the dumpster is not emptied according to schedule, contacting management would make sense. Coordinating with that vendor may be part of management’s responsibilities.

Now imagine a different community where each homeowner receives curbside garbage or recycling collection directly from a city or county.

One week, a homeowner’s recycling is not collected.

The missed collection happened inside the HOA.

But the service itself is not being provided by the Association.

The appropriate contact would generally be the government agency responsible for providing the service.

The key question isn't simply:

“Did this happen inside my HOA?”

A better question is:

“Who is responsible for the service or property involved?”

That small distinction can completely change who should receive the call.

The Same Principle Applies to Other Services

Trash collection is only one example.

An electrical outage may be the responsibility of the electric utility.

An interruption in internet service may belong to the homeowner’s service provider.

A streetlight could be maintained by the Association, a municipality or a utility company.

Roads within one HOA may be privately owned and maintained by the Association, while roads in another community may be public.

Even landscaping responsibilities can vary. One Association may maintain landscaping throughout the community, while another may maintain only common areas and leave individual Lots to the homeowners.

The governing documents, ownership of the property, contracts and the entity providing the particular service all help determine responsibility.

Simply being located within the boundaries of an HOA does not automatically make something an HOA responsibility.

And if it isn't an Association responsibility, it generally isn't something management can be expected to control simply because it happened within the community.

What About Association Vendors?

This is an area where management frequently does have an important role.

Associations may contract with landscaping companies, pool companies, security providers, pest-control companies, janitorial services, gate vendors, maintenance contractors and many other professionals.

Management often serves as the primary contact between the Association and those vendors.

If scheduled landscaping is missed, management may contact the landscaping company.

If a community gate malfunctions, management may contact the Association’s gate contractor.

If the pool company identifies failing equipment, management may gather information, obtain a proposal and bring the issue to the Board if authorization is needed.

But there is another distinction worth remembering:

The property manager does not become the vendor.

Management may coordinate the work, but the landscaper performs the landscaping.

The pool technician services the pool.

The electrician handles electrical work.

The engineer provides engineering expertise.

The attorney provides legal advice.

Management helps coordinate the people and processes involved in operating the community.

Does the Property Manager Work for the Homeowners?

Homeowners sometimes look at their assessment payment and understandably think:

“I pay HOA fees, so the property manager works for me.”

Homeowners fund the Association through their assessments, and they should reasonably expect professional and responsive service from management within the scope of management’s responsibilities.

But when an Association contracts with a management company, the contractual relationship is generally between the Association and the management company.

Management is acting on behalf of the Association.

That is different from serving as the personal property manager for each individual homeowner.

A homeowner may ask management to take a particular action, but management still has to consider whether the issue belongs to the Association, whether the Association has the authority to act and whether the manager has the authority to take the requested action.

A homeowner request, by itself, cannot give management authority it does not otherwise have.

Sometimes the Manager Is Simply Carrying Out a Board Decision

A homeowner may receive a notice, disagree with a policy or be unhappy with an Association decision and direct that frustration toward the property manager because the manager sent the email or letter.

But the person communicating the decision is not necessarily the person who made it.

If the Board adopts a policy, management may administer it.

If the Board approves a contract, management may coordinate with the vendor.

If the Board directs that certain work be performed, management may schedule it.

If the Association begins an enforcement process, management may send the correspondence.

The manager often becomes the visible face of decisions made by the Association.

Understanding that difference can help homeowners direct their questions to the appropriate place.

Homeowners Have Responsibilities Too

Living in an HOA involves shared responsibilities.

The Association has responsibilities.

The Board has responsibilities.

Management may have responsibilities.

Vendors have responsibilities.

And homeowners have responsibilities.

The governing documents generally help establish which portions of the property are maintained by the Association and which are maintained by individual owners.

Homeowners may also be responsible for communicating directly with their own contractors, insurance companies, utilities, governmental agencies and other service providers.

Management can sometimes help point a homeowner in the right direction.

But providing helpful information does not transfer responsibility for the problem to the Association or its manager.

When Should You Contact the Property Manager?

When something goes wrong in the community, the property manager may very well be the right first call.

Before assuming management is responsible for fixing the problem, however, consider what is actually involved.

Is the affected property maintained by the Association?

Is the service provided through an Association contract?

Is an Association vendor responsible?

Do the governing documents assign the responsibility to the homeowner?

Is a city, county, utility or other outside provider responsible for the service?

Does the issue require authorization or a decision from the Board?

Sometimes the answer will be obvious.

Sometimes it won't.

And when you genuinely don't know, contacting management and asking who is responsible can be a perfectly reasonable place to start.

The answer may be management.

It may be the Board.

It may be an Association vendor.

It may be the homeowner.

Or it may be an outside agency or service provider that has nothing to do with the HOA.

Bottom Line

Different Roles, one community

Running a homeowners’ association involves many moving parts.

Some communities use professional management companies.

 Some employ their own management staff. Others are self-managed.

Whatever the structure, understanding the different roles can make HOA living a little less confusing.

The Board governs the Association.

Professional management helps administer the responsibilities assigned to it.

Association vendors perform the services they were hired to provide.

Homeowners remain responsible for obligations assigned to them.

And governmental agencies, utilities and other outside providers remain responsible for the services they provide.

So, the next time something happens in your community, “Call the property manager” may be exactly the right answer.

But sometimes there is a better question to ask first:

Who is actually responsible for this?

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Engaged homeowners build stronger communities.

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