question on committee's authority

Started by RobertR13 • 10 replies • 1498 views

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

⚡ Takes 30 seconds

Already a member? Log in

RobertR13 (California)
Posts: 37

Posted:

I am part of a CC&R committee that is working with an attorney appointed by the board to revise our governing docs, and I am being told that I can only make recommendations on the changes proposed by the committee, those recommendations have to be presented to the board and the board can then approve whether it wants those recommendations to be presented to the homeowners or not, is that correct?

Davis-Stirling tells me that the CC&R committee can actually call for a hearing of the members and does not mention anything about board approval required?

http://www.davis-stirling.com/MainIndex/CommitteeHearings/tabid/2825/Default.aspx#axzz1mWhxpx5c

I feel this is not fair that the members' understanding of the changes being made in the governing docs should be subjected to the board's decision on what the board wants to approve with the governing docs as far as proposed changes are concerned.

SusanW1 (Michigan)
Posts: 5,202

Posted:

GENERALLY, Committees get power from the board, so the procedure you stated sound right.

Calling a hearing for the purpose of making a decision on an application IS a committee function. The board would not participate at that time.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Committees do serve at the pleasure of the board. Generally, the committee makes recommendations to the board. The board decides whether or not to approve the recommendations.

I'd say that even if the committee holds a hearing for members' (homeowners) comments, the committee would take those comments into account when it writes its recommendations to the board. Nonetheless, the board decides.

This suggests that you/your committee avoid annoying the board by appearing to "go around" it. The board, after all, has the power to disband the committee. For strategic reasons and as a courtesy, I'd get the board's blessing re: holding a hearing.

I chair a committee and we get our recommendations approved by the board about 95% of the time. Our reports to the board are very carefully structured, clear and concise. We justify every recommendation (2-4 per month) to the board with research when needed.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Robert:

Keep in mind that your committee is making recommendations and the board then approves the committee recommendations which will then go to the owners for final approval.

The most important item is that the CCR’s cannot be changed without following the proper procedure in your governing documents and state statutes. Ultimately if the majority of the owners do not understand or like the changes then they will vote against amending.

The board will not have final decision because only the majority of members can approve the final changes to be made to the Declaration of CCR’s. What you feel is not fair at this time will be fair in the end game.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Janet

My understanding of what Robert is asking is let us say his committee sends/suggestions to the BOD say 10 changes to the CC&R's but the BOD decide to go ahead with say only 6. What can his committee do?

Of course I could be wrong and misunderstanding what he is asking...will not be the first time I was wrong..LOL

RobertR13 (California)
Posts: 37

Posted:

John,

That's exactly what I am concerned about. How can the members take the right decision if the board doesn't even approve the options that need to be presented to the members to pick the right one.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Robert:

In answer to your question, yes you can apparently per the state statutes have a committee hearing. However, be sure to follow precisely and take note of bold section:

COMMITTEE HEARINGS

'When a committee is to make substantive recommendations or decisions on an important matter, it should give members of the [association] an opportunity to appear before it and present their views on the subject at a time scheduled by the committee. Such a meeting is usually called a hearing. During actual deliberations of the committee, only committee members have the right to be present." (Robert's Rules of Order, 10th Edition, p. 483.)

My understanding in CA is also members can petition to have Amendments made to the CCR’s. Therefore, even if board does not want to present the members can supersede via a petiition.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robert

The harsh and candid approach:
The BOD is elected, not committees.
Committees serve at the discretion of the BOD.
Commitees can be dismissed.
The BOD does not have to do what a committee suggests.
If one does not like what the BOD does, run for the BOD.
If one does not like what the BOD does, recall them.
Members can petition to have CC&R amendments made as in voted on as per Janet concerning CA.

The gentler approach:
The same as the harsh approach, so either accpet or fight but be polite and professional about it....LOL

An aside story. One of the worst internal HOA battles (not a legal issue, not a costly issue, but frustrating as in neighbor against neighbor) I ever saw, was based on the actions of a "rogue" committee (Architectural) that would not listen to the BOD nor the association lawyer advice so the BOD replaced the members on the committee. The "replaced" committee members ran a "slate" of people in the BOD elections. It became the central issue in BOD elections and was the first time we ever got a quorum at our first of the year Annual Meeting (proxies allowed). When all was said and done, the "rogue committee slate" could not elect one member to the BOD.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Robert wrote: "That's exactly what I am concerned about. How can the members take the right decision if the board doesn't even approve the options that need to be presented to the members to pick the right one."

You have a couple of things going for you, Robert. First, you're working with an attorney (chosen by the board) and your committee will presumably follow her/his advice. So, your committee will be able to justify every recommended change to the board.

Next, you'll present your committee recommendations to the board at an open meeting that homeowners will attend. As you know, your board meetings must include a time period during the meeting when homeowners may ask questions, make comments, etc.

But I wonder if something else is going on here. Is there a recommended CC&R-amendment that you believe the board will reject? If so, what do you think the board's reasons are?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CarolR11 on 02/16/2012 4:49 PM
But I wonder if something else is going on here. Is there a recommended CC&R-amendment that you believe the board will reject? If so, what do you think the board's reasons are?

This is also my concern ... this is why I initially stated that the membership has ultimate approval.

Be sure to pick you battles wisely. If there ends up being an item which you feel should have been put to the membership to vote and initially rejected by the board, then you and your committee members can petition for said change. However, there is the chance the board will approve all items your committee proposes. Until you see the final result please do not jump to any potential conclusions and be sure not to create a situation where none initially exists.

RobertR13 (California)
Posts: 37

Posted:

Thank you folks for your responses. I will keep my head down and have the protocol followed as much as possible, unless it becomes evident that the board does not want to serve the association but their distinct purposes

🎯 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