The president of the association is vested with all the powers generally given to the chief executive officer of a corporation. While specific bylaw provisions may vary the president's duties, it is generally presumed that he will preside at all meetings of the board and the membership. He will execute contracts and other documents in the name of the association as its agent. When signing documents, the president should indicate the capacity in which he is signing to avoid any personal liability since his signature, under most circumstances, will bind the association under a doctrine of inherent powers.
The president also assumes general charge of the day-to-day administration of the association and has the authority to authorize specific actions in furtherance of the board's policies. As chief executive officer, the president serves as spokesman for the board of administration in most matters relating to general association business. Like all officers of the association, the president has an affirmative duty to carry out the responsibilities of the office in the best interests of the association. The president serves at the will of the board of administration and can be removed with or without cause at any time by a majority vote of the full board.
The president cannot, without specific board approval, borrow funds in the name of the association or otherwise act beyond the scope of the authority established by the condominium documents and board. The president does have the inherent authority to appoint committees to advise him and to advise the board. The president also has the authority to appoint certain officers to assist him with his duties such as vote tellers, interpreters of elections, sergeants at arms, and a temporary secretary or recorder unless the bylaws otherwise make some provision for selection of these positions.
The vice president of the association is vested with all of the powers which are required to perform the duties of the association president in the absence of the president. The vice president does not automatically possess inherent powers to act in the capacity of chief executive, and may act for the president only when the president is actually absent or otherwise unable to act. The vice president may assume such additional duties as are defined by the board of administration.
In many communities the vice president will be assigned specific areas of responsibility which may include the recreational properties, or other association activities. Each of these duties must be specifically conveyed by the board of administration upon the vice president, and the scope of this authority and responsibility should be defined in writing and placed in the minutes or in the bylaws of the association.
The secretary is customarily responsible for keeping and maintaining a record of all meeting of the board and the membership and is the custodian for most of the official records of the association. The position of secretary is not simply a clerical position, however. In many cases, the secretary will not actually keep the minutes of the meetings, but will be responsible for obtaining someone who will do so as a recorder or assistant secretary. As the custodian of the minutes and the other official records of the association, the secretary is responsible for insuring access to those records by the owners and their authorized representatives.
Unless the community documents otherwise provide, the secretary will be in charge of giving all the required notices to both the board and association members in accordance with the documents of community and Florida’s Condominium Act. As the custodian of the records, the association secretary may also be responsible for filing the annual reports with the division of Florida Land Sales, Condominiums, and Mobile homes and with Florida's Division of Corporations.
The Secretary of the association is the designated custodian of the "corporate seal." While there is no required content for the seal, the board must adopt a format for it and when executing an instrument on behalf of the association, the seal must be used. Under most circumstances, the signature of the president will bind the corporation, and the secretary, as custodian of the seal, traditionally verifies the president's authority by also signing or attesting to the president's signature and placing the corporate seal on a the appropriate document.
The treasurer is the custodian of the funds, securities and financial records of the association. When the association has a manager or other employee that actually handles the funds, then the treasurer's duties will include overseeing the financial records and reports are properly kept and maintained. Unless the bylaws otherwise specify, the treasurer is responsible for coordinating the development of the proposed annual budget and for preparing and giving the annual financial report. The annual financial report must be provided at the end of each fiscal or calendar year and will cover the preceding twelve (12) months of the association and be available to both unit owners and prospective purchasers.
The treasurer does not have the authority to bind the association or the board when dealing with third parties unless the board has provided express authority for the treasurer to do so. As with the association's secretary, the treasurer does not have to actually perform the day to day record keeping functions of the association, but the treasurer will ultimately be responsible to make sure that the financial records of the association have been maintained properly in accordance with good accounting practices.