Dismissing an ACC member.

I am on a ACC committee in Texas made up of three people. One member doesn't follow the guidelines and votes according to his opinion. We recently voted on a yard request that should have been denied according to our policies and guidelines but he approved the request. I looked over the bylaws but there are no procedures for dismissing a committee member only the BOD. I have looked through the Texas laws but I haven't found anything on this matter. Thank you in advance.

Agree with John. Committee members nearly always serve at the pleasure of the board and can be removed with or without cause. Committee members generally have no independent authority of their own unless the bylaws give them that authority.

So, if that describes your community, you can request the board to remove the problem committee member. If it's just a matter of the person having odd ideas, that's one thing since the rest of you outvote him. But if he's actively disruptive, then it's the board's job to see to it that the committee can function effectively.

Does the ACC do the actual approval, or do you forward a recommendation to the board which does the approval? Your bylaws should tell you this, which will also tell you whose problem this is to solve.

So, Celina, you were outvoted by the majority of the Committee, not just this one person.

With others, the boards of non-profits usually have control over committee composition, etc. That's probably in Texas corporations codes. But....do you want the Board to actually terminate both of the other ARC members?

Per recent Legislation in Texas effective September 2021 the ACC committee is the approving entity in Texas an it does not go to the Board unless the Homeowner requests a review of the decision. Our ACC committees can not be Board members, family of Board members, or household members of anyone on the Board of Directors. Therefor, many people being appointed to the ACC Committee have no prior experience in the HOA world including the ACC processes.

Texas statutes prohibit enforcement of covenants that either prohibit or restrict an owner from using drought resistant landscaping, conserving water and the like.

202.007

Having non-elected committee members final decisions instead of the Board of Directors who were elected to serve the Association, to me is not good governing practice. As we all know the owners who are elected are serving on "The Board of Directors" to direct the Association.

Our ACC is an independent board. They are appointed by the board of directors, but our documents outline that they are independent. We have one board member who is the liaison with the ACC. I'm the one currently performing that job. I sit in on all the ACC meetings and let them do their thing, but I also interrupt sometimes and remind them that about the ACC guidelines when they start veering off and think about approving something outside the guidelines. It works pretty well, especially since our ACC guidelines are detailed. The key is having members who understand that they are there to follow the rules.

From the homeowner standpoint, there is an appeals process. First appeal is back to the ACC. Second appeal is directly to the board. That's the final answer. The board can also override the ACC if necessary. That has not been necessary so far. The ACC can also defer to the board on tough decisions.

Our Covenants/Bylaws allow for BOD appointed committees but does not specify we must have them. Our attorney advised against having committees as he said: the BOD has ultimate control so no need for an interim step that could cause conflicts.

I understand but our Bylaws do not call for such. Our Bylaws simply say:

ARTICLE 5
COMMITTEES
Section 1. General. Committees. are hereby authorized to perform such tasks and to serve for such periods as may be designated by a resolution adopted by a majority of the directors present at a meeting which a quorum is present. Each committee shall operate in accordance with the terms of the resolution of the Board of Directors designating the committee or with rules adopted by the Board of Directors.

My bad. Our Covenant's do have a page of verbiage about an ACC but it leads of by saying the BOD may appoint such a Committee. I expect this is why our lawyer said we are not required to have one.

Celina

It sounds like the committee member, and perhaps members of the Board, think the property code and other documents are 'guidelines' to be followed . . . or not depending on their opinions, thoughts, and whims.

Of course, nothing could be further from the truth. TPC 209 owners associations were mandated by the 82nd Legislature in 2011 to allow xeriscaping. It was/is up to the Association to develop guidelines for the implementation of the many provisions of the legislation which were enacted during that session.

It may be helpful for your Board, and the committee, to have a heart to heart discussion with the association attorney so he or she can make clear their responsibilities vis-a-vis the property code and other documents.