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SharonB6 (Pennsylvania)
Posts: 70
Posted:
Does your community have committees? What are their relationship in regards to the HOA. For example, we have an Architectural Committee that must be in place in regards of our bylaws. We also have a hospitality committee for fun things, and a Community Watch which are just committees.

So for the committees not sanctioned by the bylaws that are just basically extra, does the HOA have any "authority" over them? Do you let them use HOA resources such as websites, e-mail, and facebook pages to get out information about it. In your community must these committees "report" to the HOA?

I'd just like to know how other committees have their committees set up.. Thanks!
JohnO6 (Georgia)
Posts: 424
Posted:
Sharon -

Look carefully through your governing documents - both the Declaration of Protective Covenants as well as the By-laws. Since they already reference an Architectural Review Committee, it's likely that somewhere in them is a section that permits the Board of Directors to establish other committees as well.

Ordinarily committees are appointed by the Board and are responsible to the Board for whatever authority they have been given. A very important point to remember for Board members is that the Board can delegate authority to committees, but they cannot delegate the accountability for the actions taken. As such, it's important for HOA committees to be held accountable to the Board.

Now, there's nothing that says a group of voluntary residents/owners can't form some sort of committee to do something, but unless they are appointed by the HOA, they don't represent the HOA, nor should they be given access to HOA resources.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sharon,

Our governing documents specify that we shall have an architectural committee and a nomination committee. All members of those committees are appointed by the Board. However, for my Association, the Architectural Committee is responsible for the interpretation of any guideline the board adopts (if there is a gray area within the guideline that needs to be interpreted).

Our documents also allow the Board to create other committees as they might require. All members being appointed by the Board.

If the homeowners/members wanted to get together and make a social committee or welcoming committee that the Board did not sanction - then the Board would have no control over them. However, if the Board chooses to do so, they may provide information about them on the HOA website. However, no financial support should be done for those committees by the Association.

If the Board did sanction those committees, then per my HOA's governing documents, financial support could be provided. However, every member of the committee would have been appointed by the Board (or at least affirmed - thereby making it an appointment).

Tim

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