Ad hoc committee-not members of HOA

The board recently appointed ad hoc committee to decide which trees in our association will be cut down. There are Jasmin trees, Plumerias, Gardenias, etc. Most are mature trees and were planted after hurricane Wilma in 2005.

Q: can board appoint a committee which includes our management company and a landscaper none of which are members of our Association. Please, can you help to clarify this question? Thank you.

PetunkaM, please search your HOA's Declaration and Bylaws for anything they say about committees. Then quote here what is said.

Florida Statute 720 is silent on this point.

Our Board tours for about 3 hours each summer looking at each of our 1100 trees, with a tree arborist. We look at any that are diseased and need treatments, which tree canopy may need cutting back and which trees will need to be removed. The tree vendor then puts together his bid for tree maintenance and the Board makes a decision.

Unless your governing documents say otherwise, yes they can appoint outsiders. It makes sense to have people on a committee that have expertise. Generally, I would not make the manager a member of the committee but do not have a problem with them facilitating or attending the meetings for support.

Thank you for all your responses. These are healthy, beautiful trees providing shade and privacy and happily growing for some 10-15 years. Many of us hate to see them to be cut down.
Florida Chapter 617, which governs non-profits, states that committee MUST have two or more MEMBERS.(see below)

What do you think?

617.0825 Board committees and advisory committees.—

(5) Each committee must have two or more members who serve at the pleasure of the board of directors.  The board, by resolution adopted in accordance with and consistent with subsection (1), may designate one or more alternate members of any such committee who may act in the place and stead of any absent member or members at any meeting of such committee.

Kerry,

maybe I am assuming the committee must be members of the Association and this is why I asked. At least three owners asked to serve on the committee but the President declined and stated that he already appointed the ad hoc committee. There was no board meeting to discuss it and vote on it. It was all decided by email, I guess.

Also a good point. The landscaper is a professional and maintains our grounds. He does noty not have the license to cut down mature trees he could possibly recommend a friend. His work, I assume would not take more than two hours.

I think the landscaper ought to just provide a list of the trees he recommends be cut down. If this is outside the contract, then the HOA should pay the landscaper.

But your board is going to do whatever.

Say, Petunka, you could get a group of like-minded owners to cheap to get a certified arborist's opinion to submit to the Board.

Makes no sense, especially since any statute of limitations would have expired by now, imo. Ae the Board's excuse for cutting down these trees in meeting minutes?

ARE the trees in your reserves study?

I agree with Kerry, this makes no sense unless those trees are an invasive species or are causing some kind of problem like roots in water lines.

What does "unauthorized" even mean - that they were planted without proper board approval? If so, that money is long gone - so now they want to spend even more money unnecessarily in order to "correct" something that can't be fixed?

The board needs to read up on the Sunk Cost Fallacy - which means basically that the fact you spent money in the past is driving your current decisions even if those decisions may not serve your interests now. A common example is dragging yourself to an event you don't really want to go to simply because you bought the tickets already.

Pet

Kerry asked the central question. What is the BOD's justification in wanting to remove some trees? Not your belief/desire but the BOD's reason.

FWIW, the only powers I see the membership having on this are as follows:

FS 720.303 (2)(d)
"If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition."

When is the next annual election? Instead of this petition, I think a better use of your group's time might be to seek election of directors that feel as your group does.

When is the next annual election? Instead of this petition, I think a better use of your group's time might be to seek election of directors that feel as your group does.
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How does any owner know what the Board actually wants or says if nothing is in Board meeting minutes, Petunka?

Isn't a board meeting required for it to form a committee? Is there a committee, or not?

ARE trees on your reserve study?

I'm wondering if the landscaper is on the Committee, wouldn't they have a conflict of interest if the Committee votes to replace xx# of trees? They would, after all, benefit by getting to do the work?

Unless you election is really soon, Petunka, it looks like Augustin's find can help you a lot. If it's true, as you say, that many do not want those trees cut down, getting 20% of owners to sign a petition for this matter to be on an board agenda shouldn't be difficult UNLESS you have a lot of absentee owners. Just make sure you do it right.

The reason I don't think the "unauthorized planting of them" doesn't wash as no one has complained. I believe the doctrine laches applies whereby because many have presumably been aware of these trees, yet over all these years, no complaints. it's simply too late to make that kind of claim about their "legality."
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Augustine and Kerry. Appreciate your excellent suggestions. Yes, am familiar with that provision in Chapter 720 and the fact the board could ignore our Petition. The elections are not until April 2020. There is no standing landscaping committee at this time. The Petition asks the board to appoint one. Unfortunately, we have only 20% of permanent residents. The rest are either snowbirds or investors. I truly dislike conflicts and arguing in a big way but am hopeful the members will get involved and stop this nonsense.

Kathy,

you are so right! It is sad but real.