Formalize committees?

We have one committee passed via Board resolution. However, we have two other committees quasi functioning, both of which I have no idea (as a Board member) of what they are doing or which homeowners are working on it is they are doing.

Tell me, should these two "under the radar" committees be formally adopted by the Board via resolution or is it okay for them to continue doing whatever it is they are doing, as a loosely knit group of homeowners/random Board members? Why or why not?

I agree with Ben that these are not committees if not recognized and approved by the Board as such. The may do whatever they wish, which might involve activities that the board doesn't think are good for the Association. One example could be a group that's interested in landscaping. The group sends a "member" to interview landscape companies giving the impression the Board wants this done.

Imo, it's better for the HOA and for the board if you formally approve them as committees. I would ask the one who seems to lead the committee to have the group write a "charter," which states their goals, maximum number of members, budget if any, and duties a requirement for a monthly written report to the Board, etc. Your state's corporation codes probably shows that Board appoints committees and members and may disband them. Your bylaws might say something similar.

It's a good idea to have a board liaison for each committee unless a director serves on it.

I think committees ares good for HOAs if managed well. They can be a really good pipeline to later board membership.

No committees have been created prior to my time on the Board. It's all happening "under the table" right now.

There are no minutes or anything from those un-official committees. Honestly, I have no interest in those committees, and do a lot for the Board right now, so I think I'd prefer to stay out of their work, even if just in observation. I'd just thought those committees should be formally adopted via resolution so everything is on the up and up, no?

In Indiana, the state non profit law requires formality in regards to committees. In fact, our HOA specific attorney gave us a resolution template for creating such committees. I understand different states and governing docs can vary GREATLY though.

5 Directors.. 440 single family homes. Apathy rampant. Almost fell into receivership last summer. No CC&Rs have ever been enforced. 25% homeowners in arrears. Okay, I won't gloat anymore!

Adam

It sounds like your HOA has more problems then committee selections. Are you wanting committees to wrestle power away from the BOD?

What "extras" are they "doing," Adam?

I would too, Douglas, which is why I like formalized committees that must submit reports every month.

But they don't have any authority to get arborists in and pay them, or remove trees, rights, Adam?

You know, Adam? This is the trouble with so-called committees that are not Board approved. They want to spend the HOA's $$ without the board voting on the tree removal.

This should not be an Action Without a Meeting (AWM), which should be reserved for urgent matters as has been advised to you here or elsewhere. the Board should actually review the proposal from the arborist.

If these were "real" committees, the committee chair would submit the arborist's bid to the board with the committee's recommendation AT a board meeting.

Not appropriate AWM: We should consider removing that tree at the entry way before it falls.

Appropriate AWM: That tree at the entry way fell and is blocking a driveway. We need it removed now.

Our Bylaws also permit us to use AWM. BUT CA civil Code only permits it in emergencies. So...what does IN law say.
And, too, do your bylaws say AWM can be used any old time?

IN law is silent. Bylaws let us use AWM any time we like, so long as it is unanimous consent.

Good for them!

WOW, as my ex used to said, "how rude and condensing".

I am basing my remarks on experience, which probably is waaay more than yours.

Just saying.

Oh enough boys, we have bigger HOA fish to fry!