PaulO3 (Florida)
Posts: 5
Posts: 5
Posted:
I can't really find anything specific in 720 on this subject in the state of Florida. What would be the proper method of removing a committee member from their position by the board?
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committee member removal Florida
Started by PaulO3 • 11 replies • 753 views
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ArtB1 (Florida)
Posts: 97
Posts: 97
Posted:
Board jus says Your Services are no longer required.
Committees serve at the pleasure of the board.
Committees serve at the pleasure of the board.
PaulO3 (Florida)
Posts: 5
Posts: 5
Posted:
Thanks for your reply ArtB1
Does the board have to call a meeting to accomplish this task?
Does the board have to call a meeting to accomplish this task?
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Read your documents- what do they say about committees? That's usually the first place, you should look when you have questions on how the association should be run (start with the bylaws). Committee members serve at the pleasure of the board, so unless your documents say otherwise, you can remove them at any time, with or without cause, nor do you have to give a reason.
That said you could discuss the matter in executive session, perhaps inviting the committee member. Tell him or her your concerns. Usually you should focus on the actions or lack thereof, but if the behavior has had a major effect on the committee's ability to do what it's supposed to do, you'll have to find a way to point that out in a diplomatic manner. You can ask if something else is going on - maybe home life has gotten so stressful he or she needs a break.You don't need to know the gory details.
You could give the person a chance to get control of his/her behzvior or you could thank the person for his service and ask for his/her resignation. Hopefully, the member will read the room and resign, but if he/she acts a fool, announce the removal effective immediately. At the next meeting, simply state so and so is no longer on the xyz committee and the board thanks him or her for their contributions.
Before you ask for a replacement, meet with the rest of tbe committee to hash out whatever lead to this- you may find you have a bully or a pack of them and they need to be reined in quickly. Remind them of what the committee is supposed to do - they don't have to agree but should behave as adults and learn to work together
That said you could discuss the matter in executive session, perhaps inviting the committee member. Tell him or her your concerns. Usually you should focus on the actions or lack thereof, but if the behavior has had a major effect on the committee's ability to do what it's supposed to do, you'll have to find a way to point that out in a diplomatic manner. You can ask if something else is going on - maybe home life has gotten so stressful he or she needs a break.You don't need to know the gory details.
You could give the person a chance to get control of his/her behzvior or you could thank the person for his service and ask for his/her resignation. Hopefully, the member will read the room and resign, but if he/she acts a fool, announce the removal effective immediately. At the next meeting, simply state so and so is no longer on the xyz committee and the board thanks him or her for their contributions.
Before you ask for a replacement, meet with the rest of tbe committee to hash out whatever lead to this- you may find you have a bully or a pack of them and they need to be reined in quickly. Remind them of what the committee is supposed to do - they don't have to agree but should behave as adults and learn to work together
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Well, Shelia's way is surely the nicest. Not sure if they could meet in executive session in FL for that purpose. If your Bylaws don't say much about committees, FL non-profit corporation does .
Since Boards are in charge of committees, most likely, your Board would vote in an open meeting. he motion might be "I move that xx xx no longer be a member of the xx committee effective immediately." Nothing else needs to be stated. But it's best to vote on these matters and make sure they're recorded in the minutes.
Since Boards are in charge of committees, most likely, your Board would vote in an open meeting. he motion might be "I move that xx xx no longer be a member of the xx committee effective immediately." Nothing else needs to be stated. But it's best to vote on these matters and make sure they're recorded in the minutes.
MichaelS56 (Minnesota)
Posts: 859
Posts: 859
Posted:
The Board determines who serves on committees. How you remove the person from the committee should include the President talking to the person before any action is taken place.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By PaulO3 on 05/31/2023 1:00 PM
I can't really find anything specific in 720 on this subject in the state of Florida. What would be the proper method of removing a committee member from their position by the board?
I can't really find anything specific in 720 on this subject in the state of Florida. What would be the proper method of removing a committee member from their position by the board?
The method is to vote (make a motion) at a properly noticed board meeting, with the topic on the agenda.
Quote:
Posted By SheliaH on 05/31/2023 3:50 PM
That said you could discuss the matter in executive session, perhaps inviting the committee member.
That said you could discuss the matter in executive session, perhaps inviting the committee member.
FS 720 does not appear to allow this. The only exception to open board meetings that I see is this: Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
As far as I can tell, FS720 does not even use the term "executive session".
Quote:
Posted By MichaelS56 on 06/01/2023 4:10 AM
How you remove the person from the committee should include the President talking to the person before any action is taken place.
How you remove the person from the committee should include the President talking to the person before any action is taken place.
Why?
Escaped former treasurer and director of a self managed association.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By DouglasK1 on 06/01/2023 6:15 AM
Posted By PaulO3 on 05/31/2023 1:00 PM
I can't really find anything specific in 720 on this subject in the state of Florida. What would be the proper method of removing a committee member from their position by the board?
I can't really find anything specific in 720 on this subject in the state of Florida. What would be the proper method of removing a committee member from their position by the board?
The method is to vote (make a motion) at a properly noticed board meeting, with the topic on the agenda.
Quote:
Posted By SheliaH on 05/31/2023 3:50 PM
That said you could discuss the matter in executive session, perhaps inviting the committee member.
That said you could discuss the matter in executive session, perhaps inviting the committee member.
FS 720 does not appear to allow this. The only exception to open board meetings that I see is this: Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
As far as I can tell, FS720 does not even use the term "executive session".
Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.
We can debate whether this is a personnel issue, but I prefer nodding to the reality that discussion of the situation may result in potentially defamatory statements being made. It's potentially almost a hearing or trial of the committee member. For open session, the board might need to hear out the committee member if it wants to protect the HOA from litigation. Even then in open session, there are risks.
I advise discussion take place in closed session (because of liability concerns), and the actual vote, in open session. These are sensitive issues. I am not persuaded the owners should be privvy to everything here, on account of competing interests (the committee members right to privacy and not be defamed vs. the owners' stautory rights pertaining to transparency).
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
In our community we only have one standing committee, the ARC (we actually call it a board). Our documents clearl show that the master board has the right to appoint people and remove people from the ARC. It was a long-standing practice in the community that each year, before the annual members meeting in January, the ARC gets dissolved and members get appointed or re-appointed. It's how we deal with people who become a problem on the ARB by not upholding the documents.
I would say that getting a committee member removed in Florida is not a personnel issue. Closed board meetings are really frowned up and I don't think this meets the test.
I would say that getting a committee member removed in Florida is not a personnel issue. Closed board meetings are really frowned up and I don't think this meets the test.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I say requesting a committee member to resign or firing him, is a personal matter and can be done in Executive Session.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By JohnC46 on 06/01/2023 9:30 AM
I say requesting a committee member to resign or firing him, is a personal matter and can be done in Executive Session.
I say requesting a committee member to resign or firing him, is a personal matter and can be done in Executive Session.
"Personal" matters are not exempt from Florida open meetings laws, "Personnel" matters are. My personal opinion is that personnel refers to employees, not committee members, but could be open to debate.
Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
My bad...personnel....
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