Kaman & Cusimano, LLC was recently hired by a condominium association in Delaware, Ohio. The association owners had validly elected its five (5) member Board of Directors. However, each Director was currently serving in an “at-large” capacity, meaning the Board had no elected officers.
Ohio Revised Code Section 5311.08 governs Ohio condominium associations. This law specifically states that “The board of directors shall elect a president, secretary, treasurer, and other officers that the board may desire.” (Emphasis added)
In other words, Ohio condominium association boards MUST elect officers. A President is needed to chair meetings. A Secretary is needed to ensure that proper minutes are kept reflecting board decisions. A Treasurer is necessary to be responsible for an association's finances. Even with a manager or management company, a board and officers are still required.
While there is currently no similar law that applies to Ohio homeowner associations, our office recommends that HOA boards follow the mandate for officers contained in the condominium law as this practice promotes good decision making, good record keeping, and proper fiscal responsibility.
For a general guide on officer responsibilities, Kaman & Cusimano clients who have attended our recent Orientation/Success Basics for Board Members Seminar should turn to page 10. Additionally, Kaman & Cusimano clients can view the article “Owners Elect Board - The Board Elects Its Officers” from the Client Articles section of our website. (www.ohiocondolaw.com)
