As an essential part of the board, the HOA secretary duties typically include creating, managing, and storing records. However, exact responsibilities vary by association, so check the governing documents for guidance.
What is an HOA Secretary?
A homeowners association secretary is an elected officer of an HOA board who is primarily responsible for recordkeeping, meeting management, communication, and documentation. That said, they also fulfill other duties together with the rest of the board, such as rule enforcement, governance, and decision-making.
Is an HOA Secretary Required?
Whether an association must elect a secretary depends on state laws and the governing documents.
In Virginia, an association organized as a nonstock corporation generally follows the Virginia Nonstock Corporation Act. According to this law, corporations must have titled officers as described in their bylaws (Section 13.1-872).
Similarly, Maryland’s Nonstock Corporations Act governs associations organized as such. This law specifically requires corporations to elect a secretary, along with a president and a treasurer (Section 2–412).
Even without a statutory requirement, associations may need to elect a secretary from the board if their bylaws say so. Board members must review their governing documents to understand the exact stipulations.
What are the HOA Secretary Duties?
HOA board secretary duties can vary widely from one community to another, but they generally include recordkeeping, preparing meeting agendas and minutes, sending notices and correspondence, signing and certifying documents, and facilitating owners’ access to association records. Let’s discuss these below.
1. Recordkeeping
The HOA secretary is chiefly responsible for maintaining the association’s records. This includes updating the official membership roster and keeping corporate records. The secretary also maintains and stores association documents, such as the CC&Rs, bylaws, board resolutions, policies, contracts, notices, and historical action logs.
Keeping a record of these is essential, as they provide a paper trail for past decisions and actions. The board or homeowners can refer to these documents for clarification or precedent. They can also come in handy in legal action.
2. Meeting Agendas and Minutes
While the president leads meetings, the secretary primarily organizes them. The HOA secretary works with the president to prepare meeting agendas, send meeting notices, and keep records accurate.
The secretary also records the meeting by taking minutes. These minutes should clearly reflect the motions, movers, seconders, and voting outcomes.
3. Notices and Correspondence
Associations must communicate regularly with various parties, including residents, vendors, and HOA management companies. The secretary leads by sending timely meeting notices, managing general correspondence, and responding to questions or concerns. They also keep homeowners informed of community updates.
4. Signing and Certification
One of the HOA secretary duties and responsibilities is to be a signer. Together with the president, the HOA secretary typically acts as a certifying officer for official association documents, corporate filings, and minutes. Check signing, by contrast, usually falls to the president and the treasurer.
5. Owner Access
In both Virginia and Maryland, homeowners have a right to examine and copy certain association records. These include the governing documents, receipts and expenditures, and reserve fund information.
The secretary often handles records requests, organizes documents, schedules inspections, and makes copies. Depending on the requirements, the owner may need to pay a fee to cover relevant costs or provide a written request with a valid reason.
How is an HOA Secretary Elected?
Generally, a homeowner runs for the position, and the board elects them as secretary, but the governing documents may also allow appointment.
Candidates must meet the association’s eligibility requirements, as outlined in the governing documents. These requirements vary, but they may require that a board member own a home or unit in the community, have no outstanding dues or rule violations, and have no pending legal action against the HOA. Of course, this isn’t a general rule for all associations.
Before the next election, an interested owner may submit their name for nomination and provide a candidate statement. If they win, the other officers may elect them to secretary.
If the current secretary resigns or is removed, the rest of the HOA board may appoint an eligible owner to fill the position until the end of the term. This is only possible if state laws and the governing documents allow it.
Does an HOA Secretary Get Paid?
In general, a secretary does not get paid for serving on the board or fulfilling HOA secretary responsibilities.
Of course, it ultimately depends on state laws and the governing documents. Still, most communities don’t allow board directors to receive compensation for their service. This prevents interference with their volunteer status, which comes with certain legal protections.
Can the HOA Manager Serve as Board Secretary?
Generally, the HOA manager can’t serve as board secretary.
The HOA manager and the HOA secretary have distinct, separate roles. An association hires the manager to help with its operations and administration. They do not serve on the board or make decisions for the community.
That said, the two roles do share some similar tasks. The manager may support the secretary by taking over administrative work such as communication, records requests, and document filing. Still, the secretary is responsible for ensuring these tasks are completed. Ultimately, they are the governing party.
A Smart Move
The HOA secretary role can be demanding, but understanding what it entails is a good first step. While hiring an HOA management company does not absolve a secretary of their duties, it can help ensure smooth, productive operations.
Keymont Community Management offers expert management services to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or request a proposal to get started!
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