Back to Basics: Managers  Continued From Page 21


payment of assessments, toward the maintenance and upkeep of common expenses. In Washington State, a community association is incorporated with the state and subject to specific laws which dictate much of how the community itself will operate. Many associations are also incorporated as nonprofit corporations, although that is not a requirement. Nonprofit associations are subject to the Washington Nonprofit Corporation Act in addition to the Common Interest Ownership Act under which they were incorporated.


In Washington State, a community association is incorporated with the state and subject to specific laws which dictate how it will operate.


As a corporation, each association must have a board of directors, which is usually composed of homeowners within the community. A board is responsible for the administration of the association which means they are tasked with ensuring the community meets its legal obligations. Often an association, through its board of directors, will hire a manager or management firm to advise them in meeting these responsibilities.


Similar To Apartment Managers?


Though community associations include homes, much to my mother’s dismay, managing an association is not the same as managing an apartment. A community association manager assists the board in managing the corporation, rather than individual homes.


A community association manager assists the board in managing the corporation, rather than homes.


Though the exact scope of work may vary based on the agreement between the association and its manager or management firm, managers often serve a role similar to that of a consultant. Through their education and experience, they are able to guide the board in its decision-making. Typically the manager facilitates work as


22 Community Associations Journal | October 2022


requested by the board. However, it is important to note that a manager does not make decisions on behalf of the community. Instead managers guide the board to ensure the association is meeting its legal obligations by offering professional advice and seeking out experts such as attorneys, architects, and reserve specialists. Ultimately all decisions lie with the board.


Managers guide the board to meet the association’s legal obligations.


As mentioned, the association’s responsibilities are outlined in the laws to which it is subject, as well as its governing documents. These documents include the community’s plat map, declaration, articles of incorporation, and bylaws. Many established communities also have rules and regulations and board resolutions. These are the heart of the association and what managers, the board, committee members, attorneys and other consultants turn to for guidance and answers. While similarities abound among associations, each has anomalies in its own right.


Ownership In Associations


All associations have two clearly defined elements—the unit or lot which is exclusively accessible to the homeowner, and common elements which are accessible to most, if not all, homeowners. Some communities may also have limited common elements which are defined by their accessibility to, or use by, more than one homeowner, but less than the entire community. Simple examples of common elements in a single-family home community may include items such as parks, shared roads, or a mail kiosk. In a community of attached homes, common elements may include the building’s roof, elevator, or siding. Limited common elements may include items such as balconies or load-bearing walls between two units. Of course these are general examples and may not apply to every association.


Why does ownership matter? “Who owns what“ matters because that is where the association’s and, by extension, manager’s responsibilities lie. In property management an individual or company owns and is responsible for all assets, including interior and exterior building and unit components. In community association management, homeowners own their unit or lot and then own a portion of other common elements through their membership in the association. The homeowner is responsible for their unit or lot as they are the full owner. Through the election of a board of directors, homeowners assign responsibility


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