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Posted By DeborahC11 on 03/30/2023 12:58 PM
I have read the by laws I checked the 720 and our by laws are vague. So, I thought I would ask a question to see others peoples insight on it.
Do your bylaws mention committees at all? If so, could you post the exact language of bylaws that mention them? It may be in more than one section.
If the bylaws and FS 720 don't address this directly, you could look for language similar to this quote from my bylaws:
Section 12: POWERS. The Board shall exercise all powers and authority, under law, and under the provisions of the condominium organizational documents, that are not specifically and exclusively reserved to the Unit Owners by law or by other provisions thereof, and without limiting the generality of the forgoing, the Board shall have the right, power and authority to:
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j. Do all things and take all actions permitted to be taken by the Association by law, or the condominium organizational documents not specifically reserved thereby to others.
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Section 13: DUTIES. It shall be the duty of the Board to:
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b. Supervise all Officers, agents, and employees of the Association and see that their duties are property performed.
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Sometimes boards' powers are explicitly stated and sometimes they're implicit.
Appointing and managing committees who are delegated to perform specific, limited tasks and who do not have the authority to do anything beyond those tasks is a common function of the boards of corporations.
So while committees are not specifically mentioned in the Section quoted above, the board in my community has the authority to establish and disband committees, and to appoint and remove committee members as needed at the board's sole discretion.
I'm not a lawyer, but I believe that if your board was intended to behave in ways that are contrary to those of the large majority of community associations, your governing documents would spell out those differences. Without any evidence that your board is intended to behave differently, you're pretty safe in acting the same way other boards do. You've made a good faith effort to find out what you're supposed to do, and your actions would be reasonable since most others do things the same way. The one thing that would make me keep digging is if the committee member you wish to remove is a troublemaker and you expect them to fight the board's decision - in that case I would want to be able to quote chapter and verse, and it's easier to do that when the language of your governing docs is not vague.
FWIW, I think that the whole point of committees is to assist the board in performing some of their work. An unhelpful committee member can range from not doing any work or not performing as instructed, all the way up to actively undermining the board. All of that wastes board members' time, which is often in short supply, and fits my definition of "for cause".