Posted:
Doris,
Typically, following parliamentary procedure, it works this way:
Standing committees (those that always exist) are normally those that are created (identified) in the bylaws of an organization (or, in the case of an HOA, sometimes in the CCRs). Other committees are usually created by a resolution of the governing body (board). Such committees generally exist for a limited time to perform a specific task. Once that task has been completed, the committee is discharged. The board could, if it wished, create a standing committee by resolution, but it's not generally a good idea to do it that way for obvious reasons, which should become clearer as you read on.
Generally, the president has the power to appoint committees. In parliamentary terms this does not mean that the president has the power to create or eliminate committees. Only the bylaws, CCRs, or a board resolution can do that. By the term "appointing committees" it is meant that the president has the authority to determine who the members of the committees are and can appoint someone to a committee or remove a person from the committee at will. Usually, this also means that the president appoints the person who is to chair the committee, and is normally the first appointment made.
In your specific case, if your documents (bylaws, CCRs) do not identify an Advisory Committee, nor the duties of such a committee, nor how its members are appointed, then you need to find out that information. Obviously, if this committee is not identified in your governing documents, it should be identified in the minutes of the board meeting at which the motion was made and voted on by some board at sometime in the past. You need to obtain a copy of those minutes to determine how the Advisory Committee was created, what the duties and responsibilities of the committee are, and how the chairperson and other members of the committee are determined and how the present members were appointed. My guess is that IF you can find the minutes where such a motion was passed, it will likely be poorly written and not very clear on any of these points. My wild guess is that this person's power is assumed by that individual (and possibly others)and has evolved over time. This is why it is not a good idea to create a standing committee by resolution. Anyway, by obtaining information regarding the creation of this committee, hopefully, you will learn what your authority with relation to this committee are.
As for the threat that you will be "brought up on charges" my question is, "what charges?" Ask to be shown, in writing, what this individual believes you are violating. They probably can't. People can, and will, threaten anything to get you to back down. It doesn't mean that they will, or can, carry the threat out. There is likely nothing criminal going on here, so there are no "charges" in a criminal sense. You would have to be sued in civil court. Although people can sue anyone over anything, consider this: First, it's their dime. Do they have the money and are they willing to spend it to sue you in court? Furthermore, if you are sued because of actions you are taking as president of your HOA, the HOA's D&O insurance (hopefully, you have such insurance), provides for your defense. And, they have to prove that you are doing something that violates your governing documents or state law regarding HOAs or corporations.