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MaureenM1 (PA)
Posts: 344
Posted:
I looked up Committees in Search and only found very old posts so I am reposting a question regarding committees...

Parking issues came up at our Annual Meeting a few weeks ago. We have had ongoing parking issues in our development for many years. Board was not diligent in enforcing all due to a board member not abiding by the rules (mostly only the more serious). We now have a new management company and a new board member who is willing to be more aggressive.

Our board attorney suggested at the meeting that we form a Parking Committee and homeowners can sign up for it. Two residents (one who lives here and one who rents) signed up. The homeowner who rents has one of the most serious parking issues - his tenant is operating a car service from his unit. We have been working with our attorney and zoning on the issue Although the township may allow it our bylaws do not allow it. Zoning will allow him to apply for a "light home occupation" and allows his Class 5 sprinter to park outside our gates on township property. We sent in a "Right to Know" and so far no application was received or approved. Zoning manager said he is contacting the homeowner asking for an application. We will be sending another "Right to Know" at the end of January to see if an application was applied for and approved. Once that happens we are having our attorney send a letter to the landlord and we may need to go to our local court of common appeals.

ANYWAY, my question is...when the committee meets should it be with just the manager and homeowners or should Board Members also participate in the meeting. Our manager said it needs to be "general" and not go into anything with the resident landlord regarding his tenant.

Any advice on how to manage this meeting would be appreciated. This is the first time we had board and homeowners meeting on a committee.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The Board created the committee. Therefore, the Board should have goals and a general idea of what the committees purpose is.
If this isn't defined, it needs to be prior to the committees initial meeting. Otherwise, it will be the committee controlling the board.

Once this info is done, a single board member should be at the first meeting to explain the following:

What the Board expects the committee to accomplish.
The requirements to keep minutes of committee meetings.
Any open meeting requirements.
Any notice requirements.
What reports (can be written) the Board will expect from the committee at board meetings.
The Board representative should then answer any questions they might have.
Then the Board member should leave the meeting and let the committee do it's work.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I say it is well within the rights of the BOD that when they establish a committee, that committee members must be owners.
KerryL1 (California)
Posts: 14,550
Posted:
I agree that Board should sprite the committee's charter & i should include the items that Tim lists. It also should include qualifications for membership, e.g., only members (Owners) in good standing may serve, how many members--3 or 5 probably is good,

You might, Maureen, find information/requirements about committees in PA's corporations codes (assuming you're incorporated). In addition, your manager should have some knowledge about committees.

Are your Bylaws completely silent about committees? Ours don't say much but do have a line or two, so we relied on corporations codes to help.

Are you on the Board?
MaureenM1 (PA)
Posts: 344
Posted:
yes, I have served on the board since 2008. I am currently the President.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think every committee should have 1 board member in it. Ultimately, if the committee can't agree or there needs to be a "higher power" decision, the Board will be that source. Having a board representative allows the board to have a resource of the issue. Many committees are set up this way.

Now I don't think a committee should be only of owners/members. I think that if you have a really good renter who is interested in being part of the HOA, then by all means allow them. They have an invested interest as well. Now they won't have any official member voting right but they would have a committee one. There are situations where a non-owners are beneficial and helpful even though they are not an official member. We had a few that were long term renters who eventually may buy the home or another home in the community. Why not allow them to participate?

Former HOA President
PitA
Posts: 1,416
Posted:
..... I think that if you have a really good renter who is interested in being part of the HOA, then by all means allow them. .....


The very definition of: oxymoron.

? What part of Home Owners Association do we not understand ?
KerryL1 (California)
Posts: 14,550
Posted:
The only committee that our Board allows to have non-owners on is our Social Committee. All residents here may attend social events. I do not think renters should have a voice is forming policy or, for instance, approving architectural changes.

We have a document called Guidelines for All Committees, which makes the board president and our Property Mgr. (PM) ex officio members of all committees. but this Guideline also does not give them voting rights on the committees--their roles are strictly advisory. This doc also says every committee must have a board liaison if there are no directors on it. But we haven't enforced that because the PM does attend all committee meetings.

No board member on any of our committees is, to quote Melissa, some sort of "higher power." Committees may recommend anything to to the board that they vote on, but the Board, of course, has the final say via its members votes at an open meeting.

PA is not required to have open meetings. Are your board meetings open to members, Maureen?
KerryL1 (California)
Posts: 14,550
Posted:
The only committee that our Board allows to have non-owners on is our Social Committee. All residents here may attend social events. I do not think renters should have a voice is forming policy or, for instance, approving architectural changes.

We have a document called Guidelines for All Committees, which makes the board president and our Property Mgr. (PM) ex officio members of all committees. but this Guideline also does not give them voting rights on the committees--their roles are strictly advisory. This doc also says every committee must have a board liaison if there are no directors on it. But we haven't enforced that because the PM does attend all committee meetings.

No board member on any of our committees is, to quote Melissa, some sort of "higher power." Committees may recommend anything to to the board that they vote on, but the Board, of course, has the final say via its members votes at an open meeting.

PA is not required to have open meetings. Are your board meetings open to members, Maureen?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
My experience says it is best for each Committee to have a BOD Liaison. The Liaison should not run nor control the committee but should play an active role.
GenoS (Florida)
Posts: 4,276
Posted:
Our bylaws say the president is ex-officio a member of every committee and that the committee chairs must be members of the HOA. Other than that, we have a hard time getting people to serve on our committees and we welcome tenants who volunteer for our committees. In general, our committees do not have the authority to expend any funds and all reports and recommendations from the committees have to be approved by the board. When the owners are extremely apathetic we welcome those willing to contribute time and energy to the association.
KerryL1 (California)
Posts: 14,550
Posted:
I really like committees and we have 5. Our CC&Rs require an Architectural Comm. and it's the one that hard to fill at times. We always seem to have plenty for our Social Committee, which does have a budget, & our Finance Comm. Its charter requires the treasurer to chair it and though the treasurer could be a non-direcgtor, per our Bylaws, the current and past few have been Owners. We also have a Building Committee, which recommends improvements to our common areas & has no budget. We have one ad hoc committee.

My understanding Maureen is that both who signed up- are Owners, right? One lives off your premises, yes? I hope you can get three to avoid tie votes. I don't think the Board should attend its meetings once your board approves its charter, except for the board president or a board liaison. It's good if your PM attends and s/he might even be willing to take minutes.
SueW6 (Michigan)
Posts: 814
Posted:
Committees are advisory - so pull in "experts" who may have expertise in the area that the committee oversees, homeowner or not, who can volunteer their services.

The Board should, of course, have given the Committee a mission statement or guideline to follow and a member of the Board can act as liaison to the Board from the Committee.

Keep minutes and run your meetings using Roberts Rules. Make monthly reports to the Board.

MaureenM1 (PA)
Posts: 344
Posted:
Thank you to EVERYONE for all your suggestions. They are extremely helpful. I like the idea of the mission statement and found a sample online from another HOA that I will tweak. Guidelines will also be presented to the Committee. We will only be having homeowners on the Committee.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Maureen

From the get go be sure committees realize they are for BOD advisement only. They do not run the association The BOD does.

They are appointed and they can be unappointed just as fast.
KerryL1 (California)
Posts: 14,550
Posted:
John's point is a good one. Committees serve at the pleasure of the board. In addition, though the Committee might recommend a committee chair, the Board formally appoints the chair.

Once a year, our board asks for new members and for current members to re-apply. The board decide when an ad hoc committee's role has been completed and votes to disband it. We had, for instance, an ad hoc lobby decorating committee to replace some lobby furniture and wall coverings. They completed about 90% of their assignment--the Board approved various expenditures.

But then, they started bickering, disagreeing and they just weren't getting finished. So we thanked them profusely for their service and sunset the Committee. (Then the Board bickered and disagreed about the final touches!)

Looks like you're on the right track, Maureen. Do review Tim's pointers again. And whether you call it a "mission statement" or a "charter," try to make it as succinct and clear as possible so that the committee understands what it's supposed to accomplish.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 12/31/2016 6:13 PM
In addition, though the Committee might recommend a committee chair, the Board formally appoints the chair.

Your association sounds a bit too formal for me.

Typically, when we ask for help it's because the Board simply doesn't have the time to investigate an issue. This also means we don't really have time to become invested in committee meetings or who the committee chair would be. If we had that time, we would have dealt with the problem ourselves.

When we appoint committees, we also appreciate the perspective from the membership (vs. the perspective of the issue from the Board). Therefore, as I pointed out earlier, although the Board technically appoints the members, we have never told anyone they can't serve on the committee (because it's simply too hard to get volunteers and, as pointed out, the Board doesn't have the time to do the work of the committee). A Board rep will attend the first meeting to explain the expectations and any legal requirements (minutes, meeting notice, reports to the Board, etc.) and then we leave them alone. Since it's the committee that has to work together, we let them choose their own chair. Since it's the committee that has to work together, we let them sort out meeting dates and appointment of committee officers (secretary, vice-chair). Typically, they don't make formal appointments, they simply ask who will take minutes.

We do ask for reports if we don't get them and we do ask questions of the reports.

However, we let the committee be the committee.
RichardP13 (California)
Posts: 3,868
Posted:
I will agree with Tim

I firmly believe that once the Board has made the decision to create a committee and given it a charter to operate, it is up to the committee's themselves to set their organization structure. The Board only formally approves such a recommendation.

I firmly believe that committees can be the backbone for a successful community. If there is the slightest hint of dictatorship on the Board, forget it. Some communities work very well with committees, but it starts with great leadership at the top.
KerryL1 (California)
Posts: 14,550
Posted:
Our Mgmt. Co. (MC) gave our board the Guidelines for All Committees long ago. It was 3 pages long. Boards over time have pared it to one page, but we always have kept that the board appoint committee chairs, which is found in Robert's Rules of Order. We've never turned down any committees' rec for a chair and we never have rejected or "fired" a committee member.

We, too, leave them alone and have a PM right now who takes their meeting minutes for which the committees are grateful.

Another important function of committees, at least in our HOA, is that they are pipelines to future Board service.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Committees are great and useful tools for the BOD. They can help handle issues and present them in a cohesive manner. It helps speed up the process in many cases as well. Considering committees may meet more frequently or more informally as a HOA board. Of course the HOA board will be the ultimate source of approval/denial. However, it does help them make that final decision.

Now, I have heard of people making up committees to be HOA board "Watchers". They are a group of people who want to call themselves a "committee" in order to keep the HOA board "in line". Now I don't call that a "committee" as much as a "Watch Group". I feel that type of committee really isn't one. They would be if they were producing information/education on the HOA rules/regulations. A kind of committee that has discussions on what rules mean or setting up new ones. Otherwise, a committee for criticizing every and each board decision is a bit out of scope.

Former HOA President

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