💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

EH (Maryland)
Posts: 10
Posted:
I am a volunteer in my HOA community. I have been pushing to establish a Finance Committee but have been facing some resistance. I could not find any language on committees in the bylaws. Are there general HOA laws that I can use to my favor to establish a new committee?

Also, is a board member allowed to chair a committee?

Thank you.
EdB3 (Maryland)
Posts: 5
Posted:
This is not the full answer you were looking for, but I was looking into the same thing, more for an ad hoc committee, and found this recommendation if it helps:

"Structure. A committee should consist of three or more members which may include a board member as a board liaison. The board president typically appoints the committee chairman. The chairman is the spokesperson for that committee."

This was from what I thought was a helpful article here: http://realtytimes.com/rtpages/20070307_hoacommittee.htm. It does not mention specific state law.
PetunkaM (Florida)
Posts: 1,009
Posted:
If you can find Maryland law that governs not-for-profit corporations it will address appointment of committees, am almost sure.
EH (Maryland)
Posts: 10
Posted:
Thanks to both of you. I will look into the Maryland specific laws.

It seems to me that having a board member chairing a committee is a conflict of interest. I view a committee like this as a watchdog entity that ensures the management company and board are appropriately spending and reviewing financial statements.

Do you have finance or budget committees in your communities?
MarkM19 (Texas)
Posts: 65
Posted:
EH,
We decided to allow a Finance Committee last year. We had 2 Volunteers that we suspected were not sure if the Board was doing the right thing with our Finances. We had 1 of our BODs join the committee to watch over the committee. We made sure that they only had access to the monthly Bills and the reserve information.

We have 400+ single family homes and a Budget of $970,000 annually. The Board watches our exspenes very closely and felt like we had a good handle on what we were spending our dollars on.

One lady who is very detailed decided to take on the reserve funding and found many glaring mistakes. We had items that the Boards over the years did not know what they were but continued to fund. She spent the time to break down every item including taking pictures and lay out exactly what it was and if it was funded correctly. She basically did a reserves study with a paragraph or two explaining exactly how many of each item we have and what it does for the community. The bottom line is we were able reallocate funds and delete items that were not needed. She worked with the Company that does our reserve studies and together they were able to change our funding % from 60+ to 70+

If you can find Volunteers that are willing to take on the task and have the time it takes to dig in to the reserves I am sure that you will see benefits of the committee.

Good Luck
Mark
PetunkaM (Florida)
Posts: 1,009
Posted:
Unfortunately, most of the time the committees serve at the pleasure of the Board and the Board appoints them (usually the president). We do not have a financial committee.
But once a year – at the annual meeting- the members vote to appoint an independent ‘audit’ committee to check the books. The ‘audit’ is really never done properly for several reasons. First, there is no accepted guideline the so called ‘audit’ committee should follow and consequently they only check if the numbers add up. And, they always do. We have never had a problem with anyone misusing the association funds. Not at all. But the question really is if the management of operating and all reserve funds, special assessments, etc. complies with the docs and state laws.
JohnM48 (Pennsylvania)
Posts: 89
Posted:
Our docs call for all committees to be chaired by a member of the BOD.

On our Finance Committee, all members are board members so that full access is granted to all documentation. The finance committee is comprised of members with relevant skills and experience - obviously we are lucky to have such members on the board.

Association President
PetunkaM (Florida)
Posts: 1,009
Posted:
Oops, I forgot to mention that our By-laws specifically state that none of the three members of the ‘audit committee’ can be Board members. Makes sense to me.
EH (Maryland)
Posts: 10
Posted:
MarkM19,

That is excellent that through a committee, your communities reserves were fine-tuned.

Just curious, is there a particular reason why your BOD will only give select financial information to the committee?

I found a law in Maryland (pasted below), that to me indicates that any financial information can be disclosed upon a written request. Additionally, I was apart of a former HOA which provided the Finance Committee with every single piece of financial information available, right down to the delinquency report.

HB137: Association Books and Records. This legislation requires associations to provide homeowners copies of books and records, including board minutes, financial statements and employee salaries within 21 days of receiving a written request. The charge for copying and mailing books and records may not exceed the amount charged by Maryland courts (50 cents per page for copies made by a court clerk and 25 cents per page for copies made by a customer.) This took effect October 1, 2009.

JeanneK3 (Maryland)
Posts: 562
Posted:
EH:
I recognize the passage you quoted as from the web site www.marylandhomeownersassociation.info Note it says these are summaries of these laws; you need to click on the bill number to get the full text. There are some exceptions to this disclosure bill. So as not to confuse anyone else, the text has been changed to say "most" documents must be sent to a homeowner requesting them.
Jeanne
EH (Maryland)
Posts: 10
Posted:
Jeanne - Thank you for clarifying that.

Since you are a MD resident as well, do you know of any HOA websites/resources that you could recommend to me?

JeanneK3 (Maryland)
Posts: 562
Posted:
EH:
Definitely join Maryland Homeowners Association and become very familiar with all the materials in the Community Associations Institute Book Store. Here's the link: https://cai.caionline.org/eWeb/DynamicPage.aspx?site=CAI&WebCode=storeHome
Jeanne
MarkM19 (Texas)
Posts: 65
Posted:
EH,
The main reason why we limited the information is because he have a collection policy that we implemented that is seems to be working. Since they were not elected by the members we did not think that it would be wise to share the dirty underside of every HOA which are the deadbeats.

Mark

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here