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AnnH4 (Florida)
Posts: 53
Posted:
Hi all,

I am drafting an unsolicited (but hopefully welcomed) proposal for our Association regarding volunteerism. I would appreciate advice, cautionary stories or pitfalls to be avoided, etc. As I have been drafting volunteer guidelines and a release form for volunteers, I realized it might also be useful to have general guidelines for committees as well. Additionally...

Does your HOA have a designated volunteer coordinator? If not and your HOA uses signed releases, who collects and maintains the releases for record keeping? To me, it seems like it would be easier to have a point person to collect releases and turn them over to the property manager. Or does your HOA even use signed releases? Why or why not?

Is it useful for committees to have established and Board recognized (affirmative vote) guidelines that direct committee work related to an HOA? How much power should a committee have?

Does your HOA have limitations on volunteer/committee projects (Where do you draw the line? Do you have a specific algorithm you use related to cost or potential liability? If the volunteers are doing something that will ultimately have to be maintained by the HOA or a contracted vendor, do you consider a lost warranty or guarantee because you used volunteers instead of vendors?).

I am new to this forum and I hope I am not bringing up something that has been discussed to death. Our community has had a few positive experiences, some negative experiences (mostly related to potential liability and volunteers wanting to wield more control than what was expected or take liberties without prior approval), but overall it seems that there is a lack of direction. Volunteerism is not something that deed restrictions cover, yet it does involve some issues from a business/operational perspective.

AnnH4 (Florida)
Posts: 53
Posted:
And just to clarify, I am not referring to the people who volunteer for the Board or ARC. This pertains to people who want to do landscaping on community property, maintenance work, hold a community event, etc.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Hold off on that whole "Signed releases". That may be overkill. You are ALL the owners of the property. You may want to ask if you really need those at all.

We held volunteer days. The HOA bought the supplies and the members did the work. It was just a few days a year depending on the work load needed to straighten things out.

Be careful of co-mingling funds of the HOA. Volunteer event supplies for social events have tax ramifications. Plus a neighborhood watch should NEVER EVER be funded or associated with the HOA. It's is a stand alone volunteer group.

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
Maybe I missed it--are you on the Board Ann? IMO, the best thing about committees is that, at least here, they are our supply line for future Board members. There are members, though, for whom committees are the extent to which they want to involve themselves.

We do have General Guidelines for All Committees and separate ones for each Committee. The General Guidelines state that each Committee must have at least three members, must report to the board every month, and keep meeting minutes.

We permit renters to serve on the Social (SC) and Landscape Committees (LC), but not the Finance Comm. (FC) or ARC--the latter is required by our CC&Rs.

Our bylaws simply state that the Board can form committees, so we follow the CA Corps code concerning the remainder of our authority, e.g., the Board approves committee members and comm. chairs. Directors may serve on and/or chair committees. The Board may dismiss Comm. members or disband a committee. If you're incorporated, Fla may have similar corporations codes re: committees if your bylaws are vague or silent about committees.

Our HOA insurance covers comm. members driving to purchase, for instance, party supplies or flats of plants. It does not cover climbing on ladders or working on equipment of any kind. Our understanding is that even if members signed waivers, we could potentially be liable for injuries, so we do not use waivers.

Only the Soc. Comm. has an annual budget and must submit receipts for all purchases to our Prop. Mgr. Our HOA has an annual budget and the LC may draw from the "plant replacement" line item to purchase flats of flowers using our landscape vendor's discount; they submit receipts to the PM. So long as the flowers are purchased from the vendor-approved nurseries, there's no warrantee issue. The LC chooses the flowers, which saves us 20% on those purchases vs. when the vendor purchases them. The LC Comm chair has authority from the Board to actually direct our vendor's landscaping onsite supervisor. The chair, sup. & PM meet about once a month.

The FC has no decision-making authority but makes recommendations to the Board re: investments and monthly financial report approvals. Our PM attends all of its monthly meetings and the Board president usually does too. The president is an ex officio member of all committees but (vs. Robert's Rules), the president does not have a vote.

While Davis-stirling.com is specifically about CA, its section on Committee is quite generic, thorough, and may be useful to you.

Some who contribute to this Forum don't think that HOAs should fund social activities/committees, but that is NOT your question, Ann, so I hope we can avoid that debate on this thread. If someone wants to hash it out again, perhaps a new thread would be best.
AnnH4 (Florida)
Posts: 53
Posted:
Thanks Melissa Living in Florida, we definitely now know to not associate a neighborhood watch with the HOA. In that case, my understanding is the HOA assumed or controlled the watch program, apparently did not provide guidelines for volunteers, and also appointed one of the volunteers as the contact person to report incidents to. It is exactly the sort of situation that I hope to avoid- over-reaching volunteers and an HOA that does not appropriately direct volunteer activities.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Say, Ann, did I misunderstand your question?
AnnH4 (Florida)
Posts: 53
Posted:
Not at all Carol We must have posted close together and I missed your post. All very good to know.

For our Association, there are no real "rules" or guidelines regarding volunteering on behalf of the Association- nothing that informs a volunteer about the expectation for their conduct, the expectation for their scope, etc. In the past, we have had a few volunteers do things that they should not have done (such as telling people they are acting on behalf of the Association when they did not have authorization to do so).

Our documents say the Association can form committees, but these committees have never been given any clear guidelines as to how they should function or what their goals are or what the responsibility is of the Board to support the committees. What ends up happening is the committees often sputter out of volunteers as the volunteers begin to feel that they are wasting their time.

I was thinking if we had 1) operational guidelines for committees that defined the responsibility of the committee, the responsibility of the Board to the committee, and better defined ways of project management so that the committees might actually achieve a set goal and not have it backfire and 2) standards of conduct for volunteers....maybe it would cut down on the confusion and encourage more people to volunteer.

AnnH4 (Florida)
Posts: 53
Posted:
I will add that there is nothing governing our Board about appointing volunteers. Should appointing volunteers be at the Board's discretion or should anyone who wants to volunteer be allowed to do so (as long as they follow established guidelines). Would closing the opportunity to turn Board appointments into a popularity contest be a good thing?
AnnH4 (Florida)
Posts: 53
Posted:
Just mentioning this, but with the George Zimmerman case, I believe the HOA was found culpable because they DID NOT necessarily provide direction to their "volunteer".
AnnH4 (Florida)
Posts: 53
Posted:
Just mentioning this, but with the George Zimmerman case, I believe the HOA was found culpable because they DID NOT necessarily provide direction to their "volunteer".
AnnH4 (Florida)
Posts: 53
Posted:
Just mentioning this, but with the George Zimmerman case, I believe the HOA was found culpable because they DID NOT necessarily provide direction to their "volunteer".
DavidW5 (North Carolina)
Posts: 565
Posted:
All of our committees have a written charter that states their responsibilities and makes clear that they serve only in an advisory capacity to the board. Each committee has a board member designated as the liaison to the committee. The committee chairman is nominated by the liaison and must be approved by vote of the board. Other committee officers (vice chair, secretary) are elected by the committee members. Committee members are appointed by vote of the board based on recommendation of the committee chair and liaison. Each committee must submit minutes of its meetings to the board. All committee meetings are open to all association members to observe (and to participate at the discretion of the chairman).

Our current chartered committees are: Modifications, Covenants, Social, Finance, Landscape and Grounds, Facilities Maintenance and Repair, Communications, and Procurement and Contracts.

We are a 55 and over community of 800 homes. We are essentially self-managed. We have alot of retired professional folks with the skills, time and energy to volunteer for these committees.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our charters and approach is similar to David's, Ann. We, too, have a board liaison to each Comm., unless a director is on the Comm. The liaison has no comm. vote.

As I wrote above, look to your state's corporations codes (if you're incorporated), for more. In CA, for example, Corps. Code states that the Board appoints committees and chairs. We've never turned down a chair appt. because the comm.members themselves recommend them.

Committees' reports to the board are on our board meeting agenda each month. The Finance Comm. always has a report and recs. The Soc. Comm. doesn't provide a report every month.

I do agree that individual committees can exceed what the Board wants them to do, which is why the charters must be really specific. In our, for example, comm. members may not give directions to management or our vendors without Board authorization. We did authorize the Lndscpe. Comm. chair to have that authority, however.

David's case may be very different from ours as they're essentially self-managed and his HOA is very large.
AnnH4 (Florida)
Posts: 53
Posted:
Thank you for this information. This seems to be one of the areas where our Association could be improving upon. What would be an instance that a Board may decline to appoint an individual to sit on the committee? How do you avoid "personality conflicts" (for example- ensuring that the Board is sppointing qualified individuals and not letting "the buddy method" come into play? Seems childish but that game seems to be oft mentioned in HOAs). Does the Board stick with a simple checklist to ensure that committee members may serve? Is it better to have blind applications to avoid conflict of interest (for example, if the Board treasurer had some tiff with the applicant). One of my goals is to ensure that the processes are fair to all members of the community.

Consider yourself blessed that your community has members with an interest in volunteering and a Board that encourages it. Our Board refuses to allow the level of participation that your community has. We have an ARC. That's it. If I were to suggest anything more than a social events committee then they would have strokes. Yet they do not seem to realze how easier their jobs would be if they would delegate certain tasks to committees. There is no way they would ever allow committees for covenants, finances, procurement and contracts.

We had a facilities committee years ago but the Boards shot down any ideas from that committee so those volunteers gave up and quit. We have had something along the lines of people volunteering for communications but it never got much support from the Boards and both groups fizzled. This is where it would be great to get something that defines the responsibilities of the Board TO the committees so that nobody feels that they are wasting their time.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our application is very, very brief. For a couple of committees experience in the area is desirable, but not required. For the ARC & FC, Comm. members must be HOA members in good standing. WE do happen to have an architect on our ARC, but that's a first here. Our FC members have varying backgrounds in investments, but none currently are, for example, CPAs.

None of committees except the Soc. Comm. may have more than 5 members & the latter may have up to nine.

We (our Board) has never turned down anyone for committee service as we, too, don't have many applicants. All comm. members resubmit their apps once a year at annual meeting time. We do accept members year around.

Our Board has needed to discipline one comm. members in the past 6 years. A Finance Comm. member had approached a manager in a self managed HOA about how much he was being paid (!!). We firmly told him in executive session he must never do that again or he'd be off the comm, which was recorded in the minutes. He's complied for the past 5 years as he loves to be "in the know" about our finances on a monthly basis. (Finances re: individual members, e.g., fines, delinquencies are not reviewed by the FC.)

Our Board treasurer is required to chair the FC.

Depending on your HOA's size & complexity, Ann, some committees may be more desirable than others.

I may have missed it, but are you on the Board, Ann?
AnnH4 (Florida)
Posts: 53
Posted:
Carol, I am keeping my position out of it and looking at it from different perspectives (doing a 360 review if you will) with an open mind. May I ask why you keep inquiring?
CarolR11 (Colorado)
Posts: 2,563
Posted:
Oh, sure, Ann. I've been inquiring because, if you want it, I'd offer different advice based on whether you're on the Board of not. It'd save me some time if I didn't typing advice for both scenarios.
AnnH4 (Florida)
Posts: 53
Posted:
Hi Carol, I am trying to put together a proposal that addresses both the Board's needs to offer some direction to volunteers, the volunteers' need to have some direction that allows them to actually get something done in a productive and structured manner, and the Association's need to minimize any liability in the process. So I welcome any advice from any perspective.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Some of the guidelines should be found in your documentation on committees and formations. The fact is the HOA is entirely made up of volunteers anyways. Your just wanting to organize volunteers who don't want to be on the board, ACC, or officers. Which kind of opens more doors of opportunity in some ways and in other ways not. You all still have to deal with the board decisions and depend on the HOA's money/budget for some items.

Now having things like "Block parties" are usually just funded and arranged by all your neighbors. No HOA money involved. However, if your thinking of having a "Bake Sale" or a "Yard Sale" to raise money for a HOA project, think again. Money raised is subjective to taxes. This is viewed as "Extra income" for the HOA and does not fall under the non-profit umbrella. That's not to say a the neighbors can't have one to raise money for something like a Neighborhood watch which is separate from the HOA. It's just to say you can't have one to pay for playground equipment. You all need to have a special assessment for that.

So understand those type of guidelines. Is this making money? Then taxable. Is it just pooling resources together? Then doable. As for liability purposes of someone getting injured. Check with your HOA insurer. The liability insurance they have does not necessarily mean protection from life and limb. It's more along the lines of lawsuits and wrongdoing of the board. A different type of liability. Your homeowner's insurance is more the liability insurance your looking at.

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
As I wrote earlier, we minimize liability by not permitting committee members to use tools, climb ladders, go on our roofs (where a lot of mechanical equipment is in our high rises), etc. Every winter, for instance,15 ft. Christmas trees are erected in our two lobbies. Our asst. engineer climbs the ladders to hang ornaments on the higher branches an sox. comm members decorate the lower branches and some counter surfaces. But, of course, not every HOA has staff with insurance to do these tasks.

The board liaison attends committee meetings and does not have a vote. The liaison's role is to advise committees often in the areas of finance but could, for example, be re: safety.

Our committee chairs sometimes get advice from our PM, but may not direct her.

No other board members may direct committees' members or chairs. Only the board at a meeting may direct committees. Sometimes, we (the board) "kick" topics down to committees and let them do the research often with assistance from our PM.

Like I said, committees are wonderful pipelines for future board service.

I'd avoid individual volunteers unless there's a very special, unique project that the board wants done and there's a particular, qualified owner who wants to do it. Then, the board should assign that person that specific task in wiring, via the meeting minutes would be fine, I think, and give the person authorization to ask the PM questions.

There may be other projects that a committee would like to do. These should be invited to request in writing that the board permit them to form an ad hoc committee to for th pruposes of specifically z, y, & z.

Again, see davis-stirling.com's generic remarks about committees,

I keep feeling like I'm missing something in my attempts to reply to you, Ann. Given the number of views, a lot of folks here seem interested and I have to say I'm surprised that you haven't received a larger number of replies.

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