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WilhelmL
Posts: 4
Posted:
Our HOA’s By-Laws stipulate the following:

“The standing Committees shall be:

<> The Nominating Committee
<> The Maintenance Committee
<> The Architectural Review Board(ARB)

The Nominating Committee shall have the duties and functions described by the By-Laws.”

Questions:

<> What constitutes a STANDING Committee? Is this a mandatory
committee?
<> What ARE the duties and functions of a NOMINATING
Committee? Unfortunately this particular committee is NOT described in our By-Laws.

Note: We have a Maintenance Committee and an ARB (which are described in our By-Laws), but no Nominating Committee.

Thanks for you advice.

Will
RogerB (Colorado)
Posts: 5,067
Posted:
Will, a standing committee is one that exists at all times and is considered as manditory. Other committees can be established as needed, usually the President has the authority to create those committees. The nominating committee develops a slate of candidates for the election of Directors to the Board. Usually there are no current board members on the nominating committee.
WilhelmL
Posts: 4
Posted:
Thanks Roger ... appreciate your advice ... Will
HaroldS (Arizona)
Posts: 906
Posted:
I'm not sure why a nominating committee would ever be considered a standing committee. Once their function is over, there is no need for them to be "standing" or available year around. A new one is appointed when needed, and then disbanded. Tell me why anyone needs a standing nominating committee. Harold
RogerB (Colorado)
Posts: 5,067
Posted:
Harold, almost every organization of any size has a nominating committee established in its bylaws. The committee members may change from year to year but the committee remains since Directors/Officers are usually elected every year. This is one committee that is appointed by the directors and not by the President.
ElaineJ (Virginia)
Posts: 2
Posted:
Then what would an HOA's Beautification Committee be considered? We recently formed our HOA and a group of volunteer homeowners formed a Beautification Committee on their own. There was no formal 'appointing' of the committee and it's chairman. We just work as an advisory committee (to the BOD) that represents homeowner's desires for beautification in the common areas only of our community. We hold open, published meetings and follow Robert's rules when conducting business. Should we have been formally appointed? Our duties really don't end so are we a standing committee?
Thanks!
RogerB (Colorado)
Posts: 5,067
Posted:
Elaine, if the Beautification Committee is not listed in your bylaws it is not a standing committee. A standing committee is listed in your bylaws or in case of the Architectural committee it is in the Declaration. It would be wise to have your committee appointed by the board so there is no question that you are an official committee of your HOA. That way you can be covered by your HOA insurance.
CharlieT (Texas)
Posts: 12
Posted:
There basically two types of committees. Statutary and standing. The Architectual Control is considered a statutary committee that is granted authority in the communities governing documents. This committee has the authority to approve architectual changes without the boards approval. Other committee's, unless they have authority granted to them to approve agreements to spend money, they are considered standing committees and report their recommendations to the board.

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