Architecture Committee Executive Session Question

Started by DanS26 • 4 replies • 285 views

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DanS26 (California)
Posts: 16

Posted:

I am a newly elected board member on my HOA. 700+ Single Family Homes. This is in California. We have an architecture committee that is selected by the BOD (meaning they are not elected separately). During their meetings - they have two sessions, a general session and an executive session. The AC is comprised of 3 voting members and 1 alternate (appointed as alternate by BOD, alternate becomes a voting member if 1 of the 3 voting members is absent at meeting).

The AC alternate has been told then cannot join the executive session.

2 questions:

1) Is the alternate supposed to be allowed to in the executive session?

2) Am I, as a board member, allowed to attend these executive sessions?

I have asked my general manager the above questions but have not yet received an answer. In the meantime I ask you fine folks.

Thanks!

KerryL1 (California)
Posts: 14,550

Posted:

Well, there's no requirement in CA that ARC meetings be open at all. So what do members discuss in the "open" part of their meetings?

What do your CC&Rs say about the alternate member? Our CC&Rs require an alternate. But it's hard to fill that 4th position. Our CC&Rs permit a quorum of the the 3-member ARC to vote, so an alternate hasn't actually been needed. What do your CC&Rs say on this point?

DanS26 (California)
Posts: 16

Posted:

Quote:

Posted By KerryL1 on 01/18/2022 7:30 PM
Well, there's no requirement in CA that ARC meetings be open at all. So what do members discuss in the "open" part of their meetings?

What do your CC&Rs say about the alternate member? Our CC&Rs require an alternate. But it's hard to fill that 4th position. Our CC&Rs permit a quorum of the the 3-member ARC to vote, so an alternate hasn't actually been needed. What do your CC&Rs say on this point?

The AC members discuss proposed plans for new lot builds/remodels, owner complaints, and other issues during the "open" part of the meeting. Obviously I do not know what is discussed during the executive part of the meeting.

CC&R's are completely silent regarding an alternate. It only states there are to be 3 members of the committee.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Why is the Board allowing this committee to operate in this manner? The Board needs to know what this committee is doing in both its "Open" meeting and it "Executive meetings. The Board is responsible for all that this committee decides.

AugustinD
Posts: 3,698

Posted:

DanS26,

You say your HOA's CCRs appear to be silent on your two questions. If so, then the covenants usually do allow the HOA Board (not the AC) to make "reasonable rules" concerning the operation of the HOA, including IMO how the AC works. If a majority of the HOA Board is fine with the AC's rules, then the rules stand.

I would not call the two current rules unreasonable. I even see some advantages to them.

You could always ask the Board to change these rules, such that the alternate could attend or directors could attend. If you cannot get a board majority to see things as you do, oh well.

I believe California statutes are otherwise silent on this.

See:
https://www.davis-stirling.com/HOME/A/Adopting-Amending-HOA-Rules

https://www.davis-stirling.com/HOME/B/Board-Final-ARC-Decision

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