Committees --- terms.

Started by BarbN • 5 replies • 1332 views

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BarbN (Florida)
Posts: 10

Posted:

Do committees expire each year and have to be reappointed?
My Board states that it will consider whether or not to have the committees replaced or reactivated..

Seems like a lot of work put in for a year for nothing if this is the case....

Thanks for answers.. Can't find info regarding committees in the docs. Board members says it's in the law..

KennethS2 (California)
Posts: 36

Posted:

That depends on your governing documents. Our By-Laws call for 7 standing committees and if others are needed the Board can set them up and set the terms. The standing go on forever but the members can only serve for 2 years and two terms of 2 years if they wish. The committees are Finance, Properties, ARC, Communications, Compliance, Elections, and Clubs.

Ken

GenoS (Florida)
Posts: 4,276

Posted:

This is something that is almost exclusively dictated by an HOA's bylaws. Our committees and their members serve at the pleasure of the board. The president may appoint/remove committee members at will.

FS 720 talks about which committees have to post notices in advance of their meetings, prohibits compensation for serving on committees, and the operation of architectural control committees. It says nothing about the terms of committee members or how committees are established or dissolved.

As long as your bylaws allow it - and I think it's quite common - your board can do just about anything it wants with respect to committees and committee members. Your president could appoint someone to a committee tomorrow and remove them the next day. The board could establish a new committee next month and dissolve it at the very next board meeting if they so choose.

If you're a volunteer committee member there are no guarantees as to how long you'll remain on the committee unless there's something in your bylaws about it. Florida state law doesn't care one way or another.

KerryL1 (California)
Posts: 14,550

Posted:

Our bylaws are fairly silent about Committees so we have a "Guidelines for All Committees" board-approved document. It states members of standing committees serve one year and are appointed at the annual meeting. It also says the board approves members and committee chairs.

But ask you fellow directors to show you the "law."

CA Corps. Code says a few things about committees but mainly make it pretty clear that Boards oversee committees and may form and disband them with their board vote.

We (our Board) never has turned down anyone for committee membership, so members simply reapply each year --short simple form to complete.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By KerryL1 on 03/16/2016 1:15 PM
We (our Board) never has turned down anyone for committee membership, so members simply reapply each year --short simple form to complete.

Same here except we don't even have a form. In years past the HOA published an annual list of committees and their members. Lately we haven't even done that. There is no legal requirement that we do so, nor is there anything in the bylaws that says we have to. I would prefer that we do but the board as a whole thinks otherwise.

KerryL1 (California)
Posts: 14,550

Posted:

I finally looked at a CA website to see how long committees serve, Barb. Because they serve at the pleasure of the Board, committees are appointed reappointed every year. The reason is there often if a new board every year with some old & some new directors.

But this is not a CA requirement unless the HOA says something about it in their documents, probably their bylaws.

Unlike in Geno's Board, only the Board in my HOA may appoint & remove committee members. The prez has no such power.

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