ACC Controversy

Our ACC had 3 members until one resigned recently. Our bylaws state, "The ACC shall consist of three (3) members... Any two (2) of three (3) members may act for the Committee... the Association shall have the power to change the membership of the committee and remove or appoint its members...". Since two members remain, the committee still meets quorum. Sometimes committees go through periods where they have an even number of members and in this case, Robert's Rules of Order addresses the issue of a 1-1 vote because it ends up as a no vote. (If a homeowner does not agree with a no vote from the ACC, they have the right to ask for reconsideration and ultimately appeal to the Board of Directors.) Finally, the BOD has been actively seeking volunteer(s) to fill the vacancy, but the committee remains active with only two members at this time. However, there is contention within the community that the committee is not allowed to act.

In addition, some have voiced concerns about the ACC holding open meetings. However, VA Code Section 55-510.1(A,B) Meetings of the board of directors, states: "All meetings of the board of directors, including any subcommittee or other committee thereof, shall be open to all members of record...; Notice of the time, date and place of each meeting of the board of directors or any subcommittee or other committee thereof shall be published...". To meet these requirements, the ACC has published notice to the community of its upcoming meeting.

Do I understand these provisions correctly, or am I missing something?

Kelly,

You have it correct. A tie is the same thing as a fail to pass and the ACC needs to give notice of it's meetings.

The Board could appoint a member of the board to sit on the ACC as an interim member until a replacement can be found. That board member would just need to excuse themselves from any appeal to the Board of an ACC decision. It's not the best solution but is an option to prevent ties from happening.

Tim

Now the suggestion has come forward to appoint a member of the board to the ACC until someone from the community steps forward to fill the vacancy. Would this approach be worthwhile?