💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Hi All,

314 single family homes, I’m on the Board

We are integrating the four amendments made over the last 25 years into a cohesive Bylaws document.

We would like to broaden the doc to formalize our standing committees, including Welcome Committee, Finance Committee, Social Committee, and Capital Equipment and Landscaping (a single committee).

The intent is for the committees to not make decisions, but to provide a more formal mechanism for research, analysis, etc to be provided to the Board for decision.

First question: is this approach reasonable?
Second question: does anyone have a really good example of language that expresses the above effectively, while providing leeway for common sense for the committees - i.e. not so limiting as to require certain approaches and products?

The Board, per the current Bylaws, can approve the new Bylaws.

Thanks.
CathyA3 (Ohio)
Posts: 6,299
Posted:
A few comments:

* First off, my community's experience with committees was not positive, although I know that other communities have used them successfully. Our issues were due mainly to lack of relevant knowledge or experience, poor judgement, hidden agendas, and personality issues (unwillingness to work at the direction of the board, attempts to expand the mission of the committee without authorization). Your mileage may vary.

* I recommend making committees optional/ad hoc rather than required by the bylaws. This will give you some flexibility to bring in skills when needed but not force the board to spend time managing unneeded groups (or ones that have gone off the rails and refuse to get back on them).

* Managing committees takes time. Think about whether a committee is needed at all. To use your examples, think about whether the Welcome and Social Committees could be combined. A Finance Committee could be very useful, though, even if your Treasurer knows his way around a budget.

* Think about whether the committee would need a budget, and who would keep an eye on their expenditures. Don't assume the money would be spent responsibly.

* Many communities require that every committee have at least one board member on it. This helps with oversight but does nothing for saving time.

* Know your community. In mine, the people with relevant skills are apathetic and would not volunteer for anything. The ones who volunteer mostly fall into the groups I mentioned in my first point, coupled with boundless enthusiasm - not a good combination. Also keep in mind that your current crop of willing and capable folks may not always be available. Don't paint yourself into a corner with this.

* My bylaws only require a Nominating Committee, which is a complete waste of time since owners can self-nominate and may be illegal in some states. All others are ad hoc, and our language does not specify any particular type of committee.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am against "standing" committees. I would never have a requirement for them in our Covenants.

Asking people to assist the BOD in tasks is fine but no standing committees. hye often lead to conflict especially when a Committee Chair thinks they are equal in authority to a BOD Member.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I look at my bylaws. Committees are not mentioned at all, with the exception of the Nominating Committee that is discussed in the article dealing with the Board of Directors and Officers.

The only other items that would be related are: 1) the right to name additional Officers; and 2) the right to delegate duties as needed (this latter is worded sort of backwards; ie, "nothing contained herein shall be construed so as to preclude the Association from delegating duties and responsibilities to persons, firms or corporations of its choice").
KerryL1 (California)
Posts: 14,550
Posted:
I tend to agree with Cathy & JohnC. We're rewriting our bylaws and say little about committees- it states the only required committee is the ARC (in our CC&Rs). There's really no need to embed much in the bylaws except, imo, stating that the Board appoints and may disband, etc.

We have board policy on a document called Guidelines for All Committees. It speaks to the issues Cathy raises. And unless a director is on a committee, the committees must have a board liaison who attends all meeting and advises the committee re: things like the budget, if what they want to do fits with our governing documents, etc.

Flowing from the Guidelines, each committee has a charter that has been approved by the board. Usually, though, whoever is hot to form a committee is "invited" by the Board to write a draft charter.

SueW6 (Michigan)
Posts: 814
Posted:
In many bylaws, the naming (or establishing) of a committee is one of the rights of the president, as needed.
GenoS (Florida)
Posts: 4,276
Posted:
Our CC&Rs refer to the ability of the board to delegate arthitectural control to a committee while retaining the ultimate authority. "Architectural Control" includes certain aspects of maintenance of the exteriors of all buildings, driveways, and landscaping in common areas.

The only other committee mentioned in any of the governing documents is the Nominating Committee which is called for in the Bylaws.

Everything else is ad hoc including Finance, Landscape, Maintenance, Social, Welcome, and Neighborhood Watch. No charters for any committees. There was a problematic member of the Landscape Committee a few years ago. The other members of the committee wanted her thrown off the committee. The Board demurred saying it didn't have the power to do that. Truth be told, there's almost no language at all in our documents referring to committees beyond the President having the power to appoint chairmen and chairwomen, and the chairs have to be members of the HOA. People show up at a committee meeting and are automatically members if they want to be. The Board is very hands off since the more the committee members are willing to do, the less the Board members have to do themselves. No one maintains an up-to-date list of committee members and outside of Finance, there's very little accountability.

Don't do it the way we do.
KerryL1 (California)
Posts: 14,550
Posted:
Wow, Geno; anarchy!

Calif Corporations Codes makes the Board not the prez responsible to appoint, disband, etc., committees. So do our Bylaws.
GenoS (Florida)
Posts: 4,276
Posted:
It was a hoot a few years ago when the roots of some trees were pushing up the asphalt right along the edge of the roadway next to the clubhouse (about 75 ft of straight road without a curb or a sidewalk). The maintenance committee said because the problem was being caused by tree roots, that the landscape committee was responsible. The landscape committee said because the problem was with the asphalt road, that the maintenance committee was responsible. The board, in September of that year, said they'd leave the problem for the next board to figure out. 4 years later and nothing has been done.
KerryL1 (California)
Posts: 14,550
Posted:
That can happen and creates way more problems for boards than a lack of committees. Committee need to be well-controlled and we have had some good ones.

Right now, one of our directors wants to start 3 ad hoc committees. One expired at the annual mtg before "Mel" was on the Board. Now he wants to revive it. He also wants a "Sidewalk Committee" for the sidewalks that surround our city block high HOA. Two sides off the walks were painted and have been repainted by our staff. It's a black & light gray pattern that's in the 'hood, and which the City required the developer to do. We are responsible. One bid is basically to refinish it is for $150.000!

A third is an ad hoc "Hallway Beautification Committee" to replace our twin towers' carpeting, wallpaper & ceiling lights. We do have the funds and “Mel” has pretty good
taste.

Too much for one inexperienced director who likes to do things on his own. I sense chaos emerging. So will try to have pretty tight ad hoc charters on all three.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here