AdamL1 (UnitedStates)
Posts: 559
Posts: 559
Posted:
Another legal theory question. What authority, scope, powers does a committee have?
In my CCR's, the only Committee explicitly named and discussed is the ACC. With all the powers normally given to an ACC.
There's also this section describing the Board's ability to create new committees.
- Must be created by resolution.
- shall have a charter/purpose
Does a Committee ever actually exist if there's no record of its creation and no documented purpose? Does this committee have any authority or jurisdiction over Members?
What if a Committee has 'always' existed, but there's no record and no documented charter?
What if a Committee tries to influence and control an aspect of the HOA that it historically (and certainly not documented-ly) had authority over?
Discuss?
==============================
Section #.##. Committees. The Board of Directors, by resolution, may from
time to time designate such committees as the Board of Directors shall desire, and
may establish the purposes and powers of each such committee created. The
resolution designating and establishing a committee shall provide for the
appointment of its members, as well as a chairperson, shall state the purpose of the
committee, and shall provide for reports, termination, and other administration
matters as deemed appropriate by the Board of Directors.
==============================
In my CCR's, the only Committee explicitly named and discussed is the ACC. With all the powers normally given to an ACC.
There's also this section describing the Board's ability to create new committees.
- Must be created by resolution.
- shall have a charter/purpose
Does a Committee ever actually exist if there's no record of its creation and no documented purpose? Does this committee have any authority or jurisdiction over Members?
What if a Committee has 'always' existed, but there's no record and no documented charter?
What if a Committee tries to influence and control an aspect of the HOA that it historically (and certainly not documented-ly) had authority over?
Discuss?
==============================
Section #.##. Committees. The Board of Directors, by resolution, may from
time to time designate such committees as the Board of Directors shall desire, and
may establish the purposes and powers of each such committee created. The
resolution designating and establishing a committee shall provide for the
appointment of its members, as well as a chairperson, shall state the purpose of the
committee, and shall provide for reports, termination, and other administration
matters as deemed appropriate by the Board of Directors.
==============================