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MaritzaP (Florida)
Posts: 11
Posted:
We are going through some issues with two appointed committee members. We live in Florida. The HOA had appointed three members to the ARC. Two individuals became very problematic. The third member quit at the annual meeting. Then several owners approached the Board and asked to join the ARC. One homeowner stated that we must hold an election for all members since there was several wanting the position. Our governing documents state that an election must be held for the ARC and the members need to vote. Well at that time we decided two remove the two problematic members and asked them that if they wanted to join the ARC they needed to submit a candidate form and their names would be added to the ballots. They were not happy with this decision and are still arguing the fact that they were removed. One of the members put in a candidate form and then wrote an email to withdraw the second person never put a candidate form in. So now there is a total of 4 people on the ballot without the previous two.

We have been getting all kinds of threats from the members that we removed. We were told that when the Board appoints members of this committee the Board can remove them without cause. Although we had cause, it has become a nightmare. Our election process will end at the end of the month by then we should know whom the members elected. We are currently running without an ARC until the end of the month. Has anyone had this problem in the past. Did we do the right thing by removing these two individuals that keep causing problems. I have looked at the Statue and it does not tell me much about appointed committee members. Can someone advise. Under legal advice we were told that if the Board appoints a committee member then the Board has the right to remove them with out cause or explanation and they did state that because there were several members that want to be in the committee an election must be held. Now we are second guessing ourselves and we have been getting crazy email from the two that were removed. . Thanks
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Maritz

In most cases, Committees Members are appointed by and serve at the pleasure of the BOD. BOD can appoint them. BOD can remove Them.

DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By MaritzaP on 01/18/2018 11:07 AM
Our governing documents state that an election must be held for the ARC and the members need to vote.

In my experience, that would be an unusual clause in the governing docs. As John mentioned, committees members are normally appointed by the board, and can be removed at any time. Of course, the board is elected by the members.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Can you give us the exact quotation about Owners voting for the ARC members? What document is it in?

Are you on the board, Maritza?
MaritzaP (Florida)
Posts: 11
Posted:
It states - After the end of the term during which the Declarant may appoint all the members of the ARC, a majority of the owners of lots on the property shall have the right to appoint the members of the ARC. The owners shall so appoint the members of the ARC by ballot after 10 days written notice given by the then existing ARC that the owners have the right to appoint members. Failure by any owner to vote on member of the ARC. Each year thereafter the ARC shall provide a 10 days written notice to the owners of the lots on the property of the need to elect a new ARC member upon expiration of the term of an existing ARC member. The written notice shall include a ballot and shall set forth a deadline for voting no sooner than 15 days from the date the notice is mailed to the owners.
MaritzaP (Florida)
Posts: 11
Posted:
It states - After the end of the term during which the Declarant may appoint all the members of the ARC, a majority of the owners of lots on the property shall have the right to appoint the members of the ARC. The owners shall so appoint the members of the ARC by ballot after 10 days written notice given by the then existing ARC that the owners have the right to appoint members. Failure by any owner to vote on member of the ARC. Each year thereafter the ARC shall provide a 10 days written notice to the owners of the lots on the property of the need to elect a new ARC member upon expiration of the term of an existing ARC member. The written notice shall include a ballot and shall set forth a deadline for voting no sooner than 15 days from the date the notice is mailed to the owners. Yes i am a member of the Board.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MaritzaP on 01/18/2018 11:07 AM
One homeowner stated that we must hold an election for all members since there was several wanting the position. Our governing documents state that an election must be held for the ARC and the members need to vote.

And I thought my HOA's governing documents were bad, sheesh.
GenoS (Florida)
Posts: 4,276
Posted:
Is the ARC committee - or any committee - not under the final authority of the full board of directors? That's like having 2 boards of directors. Madness!

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