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AdamL1 (UnitedStates)
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.

==============================
KerryL1 (California)
Posts: 14,550
Posted:
For more, Adama, I expect you'll find details in Idaho's corporation does.

Your questions seem far-fetched with obvious answers.
AdamL1 (UnitedStates)
Posts: 559
Posted:
Quote:
Posted By KerryL1 on 03/10/2022 6:49 PM
For more, Adama, I expect you'll find details in Idaho's corporation does.

Your questions seem far-fetched with obvious answers.

??
MaxB4
Posts: 3,513
Posted:
I am a firm believer in involoving as many people within a community to serve on committees. One, it can show the association wants to be transparent. When my wife and I were taking turns being president, we had bewteen 30-40 people on various committees, I think we had six. Within three months after we left the board, all fell apart. The old gang took over and dissolved every last committee and to my knowledge, none have been revived.

None of the accounts I manage have committees, not even an ACC. All ACC requests go through the Board. The vast majority of documents for these HOA's will have the ACC in the CCRs, as it is a standing committee, all the others are ad hoc. All the Bylaws I have will give authority to the Board to create a committee. Most don't even say that a charter is required. The restated Bylaws I worked on some years ago had more specific language on how a HOA should work. Most attorneys that wrote governing documents had no clue how a HOA works. Most of the problems HOA's face can be attributed to poorly written documents, even attorneys have no idea what another attorney was thinking.

Now, I have researched some larger HOA's, run by a General Manager who is actually an employee of the HOA. I have seen how they are setup and structured. I have looked at their agenga and their minutes. These are finely tuned machines. But, they are needles in a large haystack.

To answer some of your question, yes, a committee should be formed by resolution and it should have a charter, a purpose. I believe a Board should appoint/approve a cahirperson, but the chair should pick their members. I would think a ACC could become too big for their britches. With what I have seen in HOA record keeping, I could see how committees can fall through the loop especially with Board that change members as often as we change our underwear.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AdamL1 on 03/10/2022 5:09 PM
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?
In the presence of an alleged covenant violation, with a lack of clarity about the maintenance responsibility for a certain land strip, and with a state agency having some say over the use of the land as well, I think there's no telling what a court would say.

The only prediction about which I feel comfortable is: I think there is a high likelihood that the attorneys on both sides would make a lot of money.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, per Corps code, the Board appoints the Committee members and the committee chair. In our HOA, the committee recommends a chair and no board has denied the rec. members volunteer v for committees and no board has denied any of this volunteers. Our Policies require that those who want to form a new committee write a draft charter. We have a two-page Guidelines for All Committees, which is board policy.

I agree with Max that committees can be really useful and also are a pipeline to future Board service.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our attorney advised against us having an ACC. He said as the BOD is the final say, let the BOD be the ACC. Works for us as we get very few requests. If we were snowed with requests, I would want an ACC to filter things down.
LaskaS (Texas)
Posts: 1,025
Posted:
Maxb4, Regarding the Larger Hoa's that are operated like finely tuned machines , did they use a specific software system set up for hoa's.

My goal if we get elected is to hire a very experienced licensed property manager who will utilize a maintenance management software system.

When I was on the board in 2018,2019, 2020, I finally was able to get the entire board to pass a resolution that the property manager must use UPKEEP which our community bought a license for. I spent countless hours setting up the backend of the software. All of the menu's were set up to be applicable to our property, buildings, employees. etc. After all that work and several hands on orientation sessions with the board and property manager at the time, she didn't utilize it correctly. She was let go for additional job performance and dishonesty issues. Outside of a meeting, some board members got together and agreed that board member x would fill in temporarily until we found a full time , qualified replacement manager. When it was presented at a meeting, I only agreed if he was required to utilize the Upkeep system that the board had already paid for and set up and made a requirement . He agreed. He then took on the position and decided it was too much trouble and never used the software. The rest of the board wouldn't enforce their own previous requirement. uggg

Anyway, what CMMS systems have you seen utilized towards effective accomplishment.?

If anyone else had other recommendations that you have experience please let me know.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By LaskaS on 03/12/2022 10:54 AM
Maxb4, Regarding the Larger Hoa's that are operated like finely tuned machines , did they use a specific software system set up for hoa's.

Yes, cost about $150 am month and it is HOA specific software with all the bells and whistles.

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