Transparency Rules For HOA Committees

Typically, that would be a board function.
However, many simply identify the chair of the committee to the members (as a point of contact).


This would be in the form of minutes.

When I was serving on the board, I constantly had to remind the committees to send copies of meeting minutes to the Board for publication on our website. However, that was my Association.

Typically, committees keep their own records (if there are any).
The minutes should be available upon request.

That said, I know of many committees that would meet, conduct business and not one set of minutes were taken as the members simply forgot to do it.

I don't think you're correct. I'd also advise reviewing FS 720. SOME committees must abide by the same chapters of the statute as the Board. Maintining a list of committee member names is something the board should do if required in the Bylaws. The law is silent on that point. Boards should task the committees with some kind of "charter", but again the law is silent. Same for any work product. If the board requires periodic committee reports, fine, but it's not strictly required.

If you want more transparency out of your committees, put board members in place who will vote to make it happen.

Hi David,

While it seems like committees should be subject to the same expectations, I don't believe that is actually the case. Ultimately, the board is responsible for the committee. That being said, the committee should be producing notes, activity updates, etc. to the board, but some members may not be aware of that expectation. If the board is having trouble with transparency issues, then they may want to consider dismantling the committee or enlisting new volunteers.

Hi David
I see you are from NY. Can I ask what part? I am in Western NY.

Our Board is not transparent even though I told them they have to be. That we have to tell the Homeowners what is going on and the concerns we have. But President says no we will not tell anyone what goes on at a Board meeting. We have a serious mold issues here in some of our Buildings ( we are a Condo Community with 84 units) The mold is bad. For years he has told us to sit on it and not tell the Homeowners. Even when one homeowner asked if there was mold in his building because he was having health issues. I know the seriousness of that issue. The President is a know it all. Hard to deal with. It is his fault.

I need to find who I call in my area to report this Board and to find out NY state laws governing HOA laws not NYC. There seems to be 2 different governing laws one for NYC and one for the rest of NY. It does get confusing.

Thank you
Faye

Sorry, I am from Florida, not New York. Nonetheless, we have large numbers of northeasterners moving to our state. In talking to some of them, it appears that property taxes and high income taxes (we have no personal income tax) are the prime reasons so many are moving here. All they have to do is dodge the hurricanes.

Faye, this thread is about committees in, basically FL. It's not about boards in NY. Please post your own threads. If you want a lot of us to read them, do make them much shorter and leave out so many of the personal details.

In CA, David, only committees with HOA-approved budgets are required to keep meeting minutes that Onwrs may read if they wish.

I also ws us prized that committee meetings do not need to be open to Owners. This makes sense for ARCs. but for social committees, tc.

So an association can prepare a Guidelines for All Committees. The Board approves it and it applies to all. Then, each committee has an individual charter with the fine details of what it's supposed to accomplish.

Committee are good pipelines for future directors.

David,

What help did a read of FS720 offer?

Suggest you use your search engine and inquire under "State of New York." On that web site make search inquiries such as "HOA laws." Also, you might look at the Secretary of State's web site or the Attorney's General web site.

I've seen opinions, some from lawyers (which I myself am not) that say every committee should hold open, noticed meetings, keep minutes, etc.

That language in the statute, though, about "final decisions" gives me pause because I don't think those requirements need to apply to every committee. Even if a committee reports its recommendations to the Board on any given subject, if the Board makes the final decision on something then it's obviously not the committee making it.