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Board & governance

How do we hand off the HOA president role to a new president?

By OurHOA · General information · Revised

How an outgoing HOA president hands off the job: signing authority, open contracts, legal matters and claims, filings that name the president, and a 30-day plan.

Part of the HOA board handbook: running the board.

The short answer

A president's handoff is about authority and promises, not paper. The secretary holds the records and the treasurer holds the money. The president is usually the person who signed the contracts, talks to the attorney, opened the insurance claim, and is named on filings. Within a week of the new president taking office, the outgoing president should hand over a written list of every open commitment: contracts signed or under negotiation, legal matters, claims, promises made to owners, and every filing or account that names the president. The board then passes one motion that confirms who signs what from here on. The other officers' pieces are covered in our guide on handing off the HOA secretary role and our new treasurer handoff checklist. Rules vary by state and by your governing documents, so read this as general education, not legal advice.

Authority comes from the bylaws, not the title

Start by reading the officer article of your bylaws together. A new president has only the powers the bylaws or the board give the office, and the outgoing president's habits do not carry over. Texas: Business Organizations Code 3.103(b) says an officer has the duties and authority provided by the entity's governing documents or by the board that elected the officer. Under 3.104(a), the board can remove an officer with or without cause unless the governing documents say otherwise. Colorado: CCIOA 38-33.3-303(7) says the executive board elects the officers, who take office on election. The nonprofit act, 7-128-301(1), supplies a president, secretary and treasurer unless the bylaws provide otherwise. Under 7-128-303, an officer can resign at any time by written notice, effective when the association receives it unless the notice names a later date. Florida: 617.0840(1) says a corporation has the officers its articles or bylaws describe. If they are silent on timing, the board elects or appoints all officers annually. If the outgoing president signed contracts by custom rather than by a bylaw or board vote, this is the moment to fix it. Write down which documents the president may sign alone, which need a second signature, and which need a board vote first.

The commitments list

Ask the outgoing president to write this list before the handoff meeting. It takes an evening, and it is the document the new president will use most. 1. Every contract in force: vendor, term, renewal date, the notice window to cancel or rebid, and where the signed original lives. Auto-renewing landscaping, pool and trash contracts are the usual surprise. 2. Deals in progress: bids requested, proposals received, contracts approved by the board but not yet signed, and change orders on a current project. 3. Promises made to owners: a repair the board agreed to schedule, a waived fee, an architectural approval with conditions, a reply someone is still waiting for. 4. Relationships: the manager or bookkeeper, the attorney, the insurance agent, the CPA, the city or county contact, the neighboring HOA or metro district, the developer if any lots remain unsold. 5. Physical items: keys, gate remotes, amenity codes, the PO box key, the association phone. For each item, name the next action and its date. A list without dates tells the new president what exists, not what is about to go wrong.

Legal matters, claims and disputes

These carry deadlines that outside parties set, so they go first in the meeting. List every open matter with the attorney: collection files, lien or foreclosure files, demand letters received or sent, threatened or filed lawsuits, and any document amendment in progress. For each, note the attorney's name, the last step taken and the next deadline. Then the outgoing president or the secretary should write to the attorney naming the new president as the board's contact. The engagement letter should name the association as the client. If it names a person, ask counsel to correct it. List every open insurance claim with the carrier, claim number, adjuster, date of loss and what the adjuster is waiting for. Add any incident that might become a claim, such as an injury at the pool or a tree on an owner's car, with the date the association first heard of it. List owner disputes in progress: violation hearings scheduled, fines under appeal, a records request, a complaint filed with a state agency. The outgoing president's emails on these matters belong to the board, not to the president. In Colorado, 38-33.3-303(1)(b) gives every executive board member access to all information about the association's operation obtained by any other board member, including contracts and communications with the association's attorney, manager and accountant, whatever the declaration or bylaws say. Even outside Colorado, a new president who learns about a lawsuit from the process server has had a bad handoff.

Filings and accounts that name the president

Many associations list the president as the contact on public filings. Check each one and update it. Texas: Property Code 209.004(a)(6) requires the recorded management certificate to give the name, mailing address, phone and email of the person managing the association or its designated representative. If that is the president, 209.004(b) requires an amended certificate in each county within 30 days after the association has notice of the change, and 209.004(b-1) requires filing it electronically with the Texas Real Estate Commission within 7 days of recording. Colorado: 38-33.3-401(2)(a) requires the annual Division of Real Estate registration to name the management company, managing agent or designated agent, with contact details, updated within 90 days after any change. Also update the list of board members and officers the association must keep under 38-33.3-317(1)(h). Florida: the Division of Corporations annual report lists officers and directors and is due by May 1. Nonprofit corporations do not pay the $400 late fee, but an association that has not filed by the third Friday in September is administratively dissolved. If this year's report is already filed, an amended annual report for a nonprofit costs $61.25. If the new president is also new to the board, 720.3033(1)(a) gives them 90 days after election or appointment to submit the director education certificate, and a director who misses it is suspended until they comply. Everywhere: if the IRS has the outgoing president listed as the responsible party for the association's EIN, file Form 8822-B. The IRS says changes in responsible parties must be reported within 60 days. If the president is the registered agent with the Secretary of State, change that too. Our guide on changing the HOA registered agent and mailing address covers the forms.

Wording for the handoff motion

Pass one motion at the meeting where the officers are chosen, or at the next one. It settles authority so no one has to guess later. "Motion that, effective [date], [name] serves as president with authority to sign contracts the board has approved, and to sign contracts under $[amount] that fit the approved budget; that all other contracts require board approval and the signature of the president and one other officer; that the outgoing president deliver the commitments list and all association records, keys and account access in their custody to the incoming president by [date]; and that the secretary update the management certificate, state registration and annual report contact information within the time the law requires." Pick a dollar amount that matches your budget. Set it a little above your largest routine monthly bill, so ordinary renewals do not stall and anything unusual reaches the full board. Check first that your bylaws do not already set a limit or require two signatures.

A 30-day plan and the mistakes that cause trouble

Day 1: the board elects the new president and passes the motion. Days 2 to 7: the outgoing president writes the commitments list. Day 7: a two-hour meeting with both presidents and the list open; the new president calls the attorney, insurance agent and manager that week. Day 14: any amended Texas management certificate is recorded and sent to TREC, and the Colorado registration or Florida annual report change is filed. Day 30: the new president reports to the board on every item with a deadline in the next 90 days. The mistakes that come up again and again: - A vendor contract that auto-renewed because the cancellation window passed during the transition. - An insurance claim that stalled because the adjuster kept calling the old president. - An attorney engagement in the old president's name, so counsel is unsure who can give instructions. - A management certificate that still lists someone who moved away two years ago, so payoff and resale requests go to the wrong person. - An outgoing president who keeps signing because the bank, vendor or attorney never heard otherwise. Ask the outgoing president to stay on call for 60 days. If they stay on the board, they are still bound by its decisions. If they leave, a short thank-you letter that also confirms the handoff date gives every vendor and professional a clear record of who speaks for the association now.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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