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DeborahC11 (Florida)
Posts: 6
Posted:
I am a new HOA president (FL) and my question can the HOA president remove a committee member? Does if have to be for cause? Thank you.
MichaelS56 (Minnesota)
Posts: 858
Posted:
As Board President, I believe I do not have the power by myself to have a person removed from a committee. I believe it is a Board decision.
DeborahC11 (Florida)
Posts: 6
Posted:
thank you
CathyA3 (Ohio)
Posts: 6,299
Posted:
Your bylaws should give you the answer. Generally the board as a whole votes to appoint a committee member and must vote as a whole to remove/replace a committee member.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 03/30/2023 11:39 AM
Your bylaws should give you the answer. Generally the board as a whole votes to appoint a committee member and must vote as a whole to remove/replace a committee member.

Forgot to mention that committee members nearly always serve at the pleasure of the board and can be removed with or without cause. The only exceptions I've heard of an architectural committee that had some level of authority, but even their decisions can be overridden by the board.

But check your bylaws to see if they say anything different.

(FWIW, even board members can be removed by the membership with or without cause.)
DeborahC11 (Florida)
Posts: 6
Posted:
Thank you very much.
KerryL1 (California)
Posts: 14,550
Posted:
As president of your Board, you do want to become familiar with your Bylaws. Some, however, don't say much about committees. If yours are mainly "silent," find the FL Corporations Codes for your type of HOA. There are some good FLposters here, who can tell you where to look. It will have a fair amount about committees.

As others wrote, most likely no cause is needed. Almost certainly, the board meets and votes to appoint and/or remove committee members. This is another good reason to read your Bylaws, where you'll probably find that in HOAs, the board, not the president governs and makes decisions.

Are you are brand new to board service too?
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By DeborahC11 on 03/30/2023 10:23 AM
I am a new HOA president (FL) and my question can the HOA president remove a committee member? Does if have to be for cause? Thank you.


You really need to read your bylaws and become extremely familiar with them - I hate to be harsh but it is pretty inexcusable for you to be asking this question on a forum if you are on the board, let along the board president.

Although our board appoints all committee members as a group, the bylaws specifically give the President authority to create/disband all committees and assign committee members.

DeborahC11 (Florida)
Posts: 6
Posted:
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.
DeborahC11 (Florida)
Posts: 6
Posted:
No, I sat on my HOA board in NC we didnt have any committees at all.
JackieB4 (California)
Posts: 398
Posted:
I am a Southern CA HOA Board President (second time in 15 + years.) We are 3 Directors with equal responsiblity to our members. I have no more authority than the other 2 Directors. Ideally, we function as a team.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JackieB4 on 03/30/2023 1:21 PM
I am a Southern CA HOA Board President (second time in 15 + years.) We are 3 Directors with equal responsiblity to our members. I have no more authority than the other 2 Directors. Ideally, we function as a team.


But 2 of your 3 forum a quorum and can do things the 3rd might not like.
ElleN (Idaho)
Posts: 4,420
Posted:
DeborahC11, welcome to the forum.
Quote:
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.
Good job. For the greater part, AFAIC the only bad question here is an unasked one.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
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:
...
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.

...

Section 13: DUTIES. It shall be the duty of the Board to:
...
b. Supervise all Officers, agents, and employees of the Association and see that their duties are property performed.
...


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".
KerryL1 (California)
Posts: 14,550
Posted:
Nice to hear form David of DE. I think this is the first time I've ever seen Bylaws where the president can disband committees, remove members, etc.

I'm not familiar with FL statutes, Is 720 just for HOAs? Or is there a separate batch of legislation that's strictly for corporations? It's there where there would be a fair amount of text about committees.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By KerryL1 on 03/31/2023 10:17 AM
Nice to hear form David of DE. I think this is the first time I've ever seen Bylaws where the president can disband committees, remove members, etc.

I'm not familiar with FL statutes, Is 720 just for HOAs? Or is there a separate batch of legislation that's strictly for corporations? It's there where there would be a fair amount of text about committees.


Our governing documents only discuss committees in the section that outlines the role of the Board President:

"The President shall be the chief executive of the Corporation. The President shall preside at all meetings of the Corporation and of the Executive Board. The President shall have all of the general powers and duties which are incident to the office of the President of a stock corporation organized under the General Corporation Law of the State of Delaware, including, but not limited to, the power to appoint committees from among the Lot Owners from time to time as the President may in his or her discretion decide is appropriate to assist in the conduct of the affairs of the Planned Community."

This would seem to give the President themselves full control over committees. Our current Board, however, makes decisions together; which I think is more appropriate.
DeborahC11 (Florida)
Posts: 6
Posted:
Fl 720 is for HOA's
KerryL1 (California)
Posts: 14,550
Posted:
Yes, but is it Florida's Corporations Codes? Most HOAs are incorporated so many times that could appear in an HOA's bylaws are in a state's corporations code. You specifically want to look at non-profit corporations within that legislation.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 03/31/2023 10:17 AM
Nice to hear form David of DE. I think this is the first time I've ever seen Bylaws where the president can disband committees, remove members, etc.

I'm not familiar with FL statutes, Is 720 just for HOAs? Or is there a separate batch of legislation that's strictly for corporations? It's there where there would be a fair amount of text about committees.
For discussion of committees, the HOA and condo statutes are at least as likely to speak to committees as a corporate statute.

In this case for a Florida nonprofit corporation, FS 617 says nothing about a President having the power to remove someone from a committee (of course). FS 617 is clear that the board (not just one director nor the president) controls who is on the committees.

No evidence has been presented for the OP's Bylaws saying the President can disband committees.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks, ElleN, for citing what I think are FL corporations codes, which is what those 600 #s are, yes? this should help the OP.

In CA, almost everything about committees on nonprofit corporations, like HOAs, is in the corporations codes.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 03/31/2023 12:52 PM
Thanks, ElleN, for citing what I think are FL corporations codes, which is what those 600 #s are, yes?
I am not going to enable laziness on your part.

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