A Georgia HOA has hired a professional community manager to handle day-to-day operations including collecting assessments, coordinating maintenance, and communicating with homeowners. The manager begins making decisions that were not specifically authorized by the board. Under Georgia community association law, which statement accurately describes the relationship between the board and the community manager?
Correct Answer
A) The manager serves as an agent of the board and may exercise only the authority specifically delegated by the board and the governing documents, not independent decision-making power equal to the board's.
Under Georgia community association law and general agency principles, a community manager is an agent of the board of directors. The manager's authority is limited to the scope specifically delegated by the board and outlined in the management agreement and governing documents. The board retains ultimate governance authority under the declaration and bylaws, and the manager cannot unilaterally expand that delegated authority. The Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) vests governance power in the association's board, not in hired management.
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Previous Question
A licensee is representing a buyer interested in purchasing a resale home in a Georgia HOA community. The buyer asks whether reviewing the association's budget and governing documents before closing is necessary. Which statement best reflects proper practice regarding association documents in a Georgia community resale transaction?
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A buyer is purchasing a resale home in a Georgia HOA community. Which statement best describes the buyer's responsibility regarding association documents?