ByLaws Committees and How are they Used

Started by DaveC6 • 10 replies • 1202 views

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DaveC6 (Wisconsin)
Posts: 76

Posted:

we have a bylaws committee. At this point, they were used to review our bylaws. Beyond, we have no used this body.

I would like to use this body to handle complaints related to ByLaws violations and also act as solution finders. Possibly have Bylaws Committee make recommendations to board in way of fines if solution cannot be found.

Suggestions/recommendations gladly considered.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ByLaws govern how the corporation is operated NOT the individual members

if you rewrote the CCRs without the proper vote of the members and did not then properly re-record them you are in deep deep do-do

your post makes you seem absolutely 'clueless' and would indicate why so many people hate HOAs

the 'governors' know NOTHING about their documents under which they govern

sorry for the tough love

i.m sure another John will say the same way way more politely

CarolR11 (Colorado)
Posts: 2,563

Posted:

DaveC6, I understand bylaws the same way as JohnB26. They often reflect a state's corporations laws and have to do with meetings, the officers, election of directors, etc.

BUT we did recently see a post where a different Dave from Mich. made his HOA's bylaws sound more like what most would call Rules & Regulations. And your "bylaws" sound like rules & regs too--resident conduct, parking, paint colors, pet control, etc. Please clarify the exact name of the document and a couple of examples of the content.

One reason it matters is that bylaws in the typical sense of the word, usually requite a homeowner vote to amend them. Thanks.

GlenL (Ohio)
Posts: 5,491

Posted:

This is typically the job of the BOD. Do they not want to do it or do you not trust them to act fairly? If it is the latter, why do you expect the "committee" to act any differently?

Studies show that 5 out of 4 people have problems with fractions

JohnB26 (South Carolina)
Posts: 1,569

Posted:

blah blah blah

? what did i say in error ?

case closed pending self education of the OP

test:

1. What are Covenants and Restrictions?

2. What is an HOA?

3. What is incorporation? ~ Why incorporate?

4. What are Articles of Incorporation?

5. What are Bylaws? (see 4. above)

6. What are Rules and Regulations? Resolutions?

let the games begin

CAVEAT EMPTOR

GlenL (Ohio)
Posts: 5,491

Posted:

John you forgot plat. Can't forget plat.

Studies show that 5 out of 4 people have problems with fractions

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dave

While not accusing you, I think you might be falling under the mistaken interpretation that the BOD can change Covenants/Bylaws to what you want with R&R's or "BOD Clarifications".

This is a trap many BOD's fall into. Be real careful.

I posted more on this in a response to another post on this chat.

DaveC6 (Wisconsin)
Posts: 76

Posted:

Quote:

Posted By CarolR11 on 10/05/2013 1:47 PM
DaveC6, I understand bylaws the same way as JohnB26. They often reflect a state's corporations laws and have to do with meetings, the officers, election of directors, etc.

BUT we did recently see a post where a different Dave from Mich. made his HOA's bylaws sound more like what most would call Rules & Regulations. And your "bylaws" sound like rules & regs too--resident conduct, parking, paint colors, pet control, etc. Please clarify the exact name of the document and a couple of examples of the content.

One reason it matters is that bylaws in the typical sense of the word, usually requite a homeowner vote to amend them. Thanks.

Not sure if I was making my questions clear.
1: I was just curious to know how most ByLaws Committees were used.
2: I wanted to know if the ByLaws committee might be used in handling possible restriction violations, example boat and camper parking.

3: My other question dealt the possibility of combining committees, Bylaws and ARC which it looks like our BOD can do. It seems like a good idea to me.

Regarding trust, previous BOD would not enforce any restrictions on boats/campers parking. We obtained two legal opinions and now would like to announce our plans prior to BOD elections in February. I just felt a homeowner review committee would put boat/camper owners at ease and realize we are just following the restrictions as well as have a peer review committee of any violations. I think it is safe to say that no one wants to be the abd guy. Ultimately, the BOD would levy and fines or send letters a needed allowing homeowners adequate to correct violations. FWIW, we would use the quasi committee to review all complaints for validity. We don't want a walking militia checking for grass height.

This issue has been so testy that we are considering going back to a management company. This forum provides me with an excellent source of information and ideas. I try not to take anything personally.

Under "ByLaws of the Corporation"
Section 1. The Board, by resolution adopted by a majority of the Board, may
designate one (1) or more committees, each of which shall consist of one (1) or more
members of the Board; said committees, to the extent consistent with law and as
provided in said resolution, shall have and exercise the authority of the Board in the
management of the Association; but the designation of such committees and the
delegation thereof of authority shall not operate to relieve the Board, or any individual
member of the Board, of any responsibility imposed upon it or him by law.

Section 2. Other committees not having and exercising the authority of the Board
in the management of the Association may be designated by a resolution adopted by a
majority of the members of the Board present at a meeting at which a quorum is
present. Except as otherwise provided in such resolution, members of each such
committee shall be Lot owners, and the President of the Association, shall appoint the
members thereof. Any member thereof may be removed whenever in the judgment of
the Board the best interests of the Association shall be served by such removal.

Section 3. Each member of a committee shall continue as such until the next
annual meeting of the Board or until his successor is appointed and shall have qualified
or until the Board shall relieve him from his role as a committee member, unless the
committee shall be sooner terminated, or unless such member shall cease to qualify as
a member thereof.

DaveC6 (Wisconsin)
Posts: 76

Posted:

Quote:

Posted By JohnC46 on 10/05/2013 4:58 PM
Dave

While not accusing you, I think you might be falling under the mistaken interpretation that the BOD can change Covenants/Bylaws to what you want with R&R's or "BOD Clarifications".

This is a trap many BOD's fall into. Be real careful.

I posted more on this in a response to another post on this chat.

John:

Just read my OP. My mistake in referring to Bylaws when I meant restrictions. Sorry for confusion.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Thanks very much,Dave6. Your bylaws give the Board the power to form committees. One type, which has some authority to act must have at one of more directors on it (it appears).

The 2nd type needs no directors on it and has no authority. The Board, perhaps with feedback such a committee would have a charter--a list of duties, and whatever else (must meet once a month, must keep meeting minutes, etc,) the Board wants from it.

(Your bylaws are almost identical to CA Corporations Code for nonprofits.)

They will be called whoever the Board wants: Rules Committee, ARC, Landscapes, etc.

I don't think combining ARC & Rules into one committee is a good idea. And your documents may require an ARC committee.

A separate Rules Committee could bring recommendations to the Board about fine schedules, etc. But deciding whether complaints are valid, instead of the Board deciding? Maybe that's done in detached homes HOAs, I don't know.

Since your Bylaws Committee seems to have no duties, it should be disbanded by the Board. Or the Board should assign it some tasks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Dave,

We don't have a Bylaws committee.

We once had a document re-write committee that oversaw the re-writing of our documents. However, that committee was abolished after the task was completed.

We do have an Architectural Control Committee that oversees requests for exterior changes and does our initial covenant/rules enforcement.

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