Bylaws

Started by TN1 • 10 replies • 498 views

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TN1 (California)
Posts: 45

Posted:

Please chime in with your opinion
Attached screenshot Bylaws 5.5 Presidents:

Based on the bylaws does the President have the authority to
appoint committes from among the members from time to time in his discretion decide is appropriate to assist in the conduct of the affairs of the association.

Based on that, does that give the President the ability to appoint a member to a committee. What about existing ARC committee ? If not, could a president create a watchdog / oversight committee to review ARC approvals to ensure proper compliance is being applied to the arcs.

Also, based on 5.5, when a new President is chosen, the existing President standing on ARC, relinquishes being ARC Chair / decision maker of ARC committee.

KerryL1 (California)
Posts: 14,550

Posted:

I don't see your bylaws 5.5.

I also don't understand this sentence: "...does the President have the authority to
appoint committes from among the members from time to time in his discretion decide is appropriate to assist in the conduct of the affairs of the association." It seems like it should be two questions, or???

Generally, and specifically in CA Corporations Codes for non profits, boards (not presidents) form committees and approve members to them.

Do your bylaws or architectural guideline documents or CC&Rs say the ARC must be chaired by the board president?

TN1 (California)
Posts: 45

Posted:

Quote:

Posted By TN1 on 10/28/2019 3:21 PM
Please chime in with your opinion
Attached screenshot Bylaws 5.5 Presidents:

Based on the bylaws does the President have the authority to
appoint committes from among the members from time to time in his discretion decide is appropriate to assist in the conduct of the affairs of the association.

Based on that, does that give the President the ability to appoint a member to a committee. What about existing ARC committee ? If not, could a president create a watchdog / oversight committee to review ARC approvals to ensure proper compliance is being applied to the arcs.

Also, based on 5.5, when a new President is chosen, the existing President standing on ARC, relinquishes being ARC Chair / decision maker of ARC committee.

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TN1 (California)
Posts: 45

Posted:

Sorry, didn't initially include attachment.

In answer to your question, Im reading it as yes, the bylaws state the President does Chair all committees.

SheliaH (Indiana)
Posts: 6,964

Posted:

It would appear the president has that authority, although I personally think the entire Board should vote to charter committees, appoint members (although people volunteering for a spot is ok), and the board should have the final say on whatever recommendations the committees make. For example, the ARC committee can recommend an exterior change request be approved or denied, and if they've done their job properly (meaning the board should see that they're trained), an oversight board shouldn't be necessary.

Some people may say your president can do everything regarding committees, but the final say might depend on a judge if someone's honked off enough to challenge it in court. Perhaps you can suggest the association review some of your Bylaws and CCRs to see if some of these powers need to be designated to the entire board instead of one or two people. Then an amendment can be drafted and homeowners can review it to see if they approve.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

As an "ex officio" member, president is NOT the chair of any o committee. It just means s/he can attend all committee meetings. Usually, an ex officio member has a vote on the committee's business. (though in our charter for all committees, the ex officio member does not have a vote.)

I think the language is unclear in your bylaw: Is it the prez can choose what committees to form? It seems to say that. but I'm pretty sure that CA Corp. Code gives that authority to the board as do our bylaws.

I do not see where the prez chooses individual committee members. The Board should vote on them and on committee chairs too. Your HOA could have a brief form for volunteers to fill out to be submitted to the board.

Visit davis-stirling.com, Main Index, Committees for more.

Please tell us what the other Bylaws section says that 5.5 refers to.

And also, what ar your reasons for being so interested in the prez & committees. Are you on the board? On a committee?

Your CC&Rs very well may tell you a lot about the ARC--how many members, what their job is, etc. With Sheila, if ARC members understand their job--you should have a formal charter for it--there should not be any committee to oversee them.

TN1 (California)
Posts: 45

Posted:

The issues at hand.

I am the current president,.
When I became President the ARC committee which had consisted of the old former president. He is now the Treasurer. The former President and the Vise Pres. continued to act as the sole members of the ARC committee making approvals without the new President's knowledge. The Vise was basically just signing off on ARC requests without really paying a lot of attention to what he was signing. Pretty much whatever our P.M. put in front of him, he was taking the word of the whatever the P.M gave him. He was relying on the P.M Company yeah or nay.

Unfortunately, now we have houses that he signed off on that dont comply with the appropriate approved color schemes.

That issue has opened a can of worms.
Now, other homeowners are asking if they can paint their homes differently than the color schemes that are approved for our HOA. And questioning why are the paying HOA dues, if CCR's aren't going to be followed. It's a typically two buddy's doing their own thing with no regard to the effects of their actions ( they live on the other side of the association complex, far from the homes which colors don't comply or fit the neighborhood their actually in.

SueW6 (Michigan)
Posts: 814

Posted:

Too much is being read into this.

The president can establish ad hoc committees ( that’s what “from time to time” means”) like a social committee, bylaw committee, holiday lights committee, or other committee to get things done.

SueW6 (Michigan)
Posts: 814

Posted:

The ARC committee, because it is so important, should have its own definition and job description in the bylaws. Two members is not enough.

KerryL1 (California)
Posts: 14,550

Posted:

Again, TN, I urge you to read your CC&Rs re: what the ARC does, how many members must be on it, etc.Your CC&Rs also might say the ARC reports to the Board. Or, maybe not. Is the ARC required by your CC&Rs? Ours is.

How many are on your board? Why not have the board vote the two members off and get new ones? Why not seek new ARC members?

Ah, yes Sue.That odd phrase does appear to give the prez the authority to form ad hoc committees.

MarkW18
Posts: 1,290

Posted:

Based on the language that you posted, the president does have such authority, but subject to the leash of the board.

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