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RR3 (Texas)
Posts: 40
Posted:
Quick question:

Can you serve on the board and be a part of a committee at the same time? There is nothing in the bylaws that state you cannot or the CCR's. I serve as chair of the Landscape committee and on the board. Would that be considered a conflict of interest in any way? I don't know how since any approvals for contracts, etc go through the board. There is no financial component for being the chair, etc. I just like being on the landscape committee and to serve as chair. We didn't vote on this at executive session but trying to understand why one of the board members would bring this up? I asked and there was no reason for the rationale. They wanted to ensure that any board members going forward just be board members but not on any committees. I didn't understand this at all and committee liaisons are not mandatory either. Just an odd thing i thought and wanted to get advice.

KerryL1 (California)
Posts: 14,550
Posted:
CA corporations code say directors may be on committees. You need to look up SC corp. codes on that topic.
TimB4 (Tennessee)
Posts: 21,059
Posted:
RR3,

Many Association have a Board member serve on each committee.
Personally, I don't like that idea as it may intimidate other committee members from speaking up if they disagree with the Director who is sitting on the Committee.

GenoS (Florida)
Posts: 4,276
Posted:
The answer will depend on your governing documents and perhaps on state laws. Here in FL it's solely up to an association's governing documents since the state statutes are silent on the subject. Thank goodness, too, because in my (self-managed) HOA if board members couldn't also serve on committees then we'd have no maintenance committee and no finance committee. Regardless, we have no insurance committee at all and that came very close to costing us $15,000 a couple of months ago. Where apathy reigns supreme and committee volunteers are in short supply you sometimes NEED directors on committees because they're the only ones willing to do any work at all. Your mileage may vary, of course.
PitA
Posts: 1,416
Posted:
In South Carolina;

Are you fee simple homes or a horizontal property regime?

There are NO laws except corporate law governing HOAs re: fee simple ownership.

There is 'Horizontal property Regime' law governing HOAs re: condos / townhouses

http://www.scstatehouse.gov/code/t27c031.php
JohnC46 (South Carolina)
Posts: 14,265
Posted:
PITA

I am not so sure the SC Horizontal Property Act cover townhomes as in side by side units. I think it only covers "stacked" units such as in a condo building.
TimB4 (Tennessee)
Posts: 21,059
Posted:
If the town home community is considered a condominium, (typically, this means you do not own the land your property sits on), then it would apply. Otherwise, it would not.
GwenG (Florida)
Posts: 669
Posted:
In my HOA, sometimes the committees are entirely made up of board members. This was the case with the Covenants Revitaliation Committee. Mostly board members with some hand-picked helper-members. Conflict of interest? Not technically. Board members are owners and that is what the law requires of an Organizing Committee to revitalize.

A board member is required by Florida to act in a statutory manager capacity for the Bingo Committee. This has always been a problem of perception; board members see this as a Club and so do the Members. It is not a Club; it is a gambling operation strictly regulated by gambling statute.

The board directors generally do not get involved with ongoing activities of other committees, such as the Welcome Committee, unless there is a kerfluffle.

So, there are many levels of participation by board directors on Committees by necessity or operation of law. Committees are required by law to have Open Meetings whenever they move to present an expenditure to the Board. Such expenditure meetings should be attended by a Director of the board. But, there is no FL law or governing document requirements concerning Committees except that they be appointed by the Board and that Open Meetings shall be noticed to members if expenditures are being requested.

I believe the desired goal is to have a director liaison to working members because generally, members want to be guided by the board and the board wants the committee to do certain defined tasks. It is almost necessary to have a director involved with a committee at some level.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
My experience says it is always best that one member of the BOD be the Chairman of a committee or at least on a committee. This allows clear/precise communication between the BOD and Committees.
RichardP13 (California)
Posts: 3,868
Posted:
I don't believe a Board member should be the Chairperson of a committee. I want that to be someone else in the community. Someone that might have more expertise in that field.

I do believe that a Board member should be required to serve as the liaison to one of the committees.

If proper charters and guidelines are put forward, committee members are being pre-trained for Board involvement.
KerryL1 (California)
Posts: 14,550
Posted:
We do require a board liaison to committees if no Board member is serving on them. The basically just make sure the committee doesn't run afoul of our governing docs. Or, for instance, if a committee seeks funds form the board, the liaison might suggest where those funds would come form.

We require that the treasurer be chair of the Finance Committee.
RR3 (Texas)
Posts: 40
Posted:
Single family homes
RR3 (Texas)
Posts: 40
Posted:
One of the board members mentioned it might prevent collusion and i thought that was moronic. Any expense approvals go to the board. If someone wants to serve on a committee and board they should be able to. If it doesn't state anywhere in the bylaws or CCR's it shouldn't be an issue. The board also made the comment that they will re-write bylaws and state no board members should be allowed to be on committees. Another idiotic thing.

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