💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KathleenH6 (Missouri)
Posts: 1
Posted:
In the corporate world there are laws against age or gender discrimination. Could any of those laws pertain to the board removing committee volunteers based on age or gender?
KerryL1 (California)
Posts: 14,550
Posted:
Did this actually happen in your HOA? Did the Board VOTE to remove one or more committee members because of their age or gender? If so, did the motion to remove them from the committee contain words signifying age or gender?

Examples of. such discrimination might be "I move we remove Jim from the Social Committee because only women should serve on it."

Or, "I make a motion to remove Kim from the Finance Committee because men are better at math."

Or, My motion is to remove Chris from the Landscape Committee because younger members can inspect the ground more often and more quickly."
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KathleenH6 on 11/20/2023 12:20 PM
In the corporate world there are laws against age or gender discrimination. Could any of those laws pertain to the board removing committee volunteers based on age or gender?
Yes. The federal Fair Housing Act and in your state, the Missouri Human Rights Act, prohibit discrimination in housing on the basis of sex.

Age per se does not necessarily land a complainant in a class protected by the federal fair housing statute.
MarkM19 (Texas)
Posts: 1,459
Posted:
Kerry and EllN,
It has always been my understanding that committees serve at the pleasure of the board. In short this means that no specific reason needs to be given other than we are going in a different direction and thank you for your service. I agree if anyone on a board put any of Kerry's comments in the written address, they would be liable for whatever they deserved.
ElleN (Idaho)
Posts: 4,420
Posted:
MarkM19, of course a complainant would have to prove that discrimination on the basis of sex occurred. In my experience, HUD (for one) would instantly reject a fair housing complaint where the complainant presented only speculation and no pattern of discrimination on the basis of sex nor any other evidence (such as emails or recordings indicating sexism was at play). If a board wants to keep women off committees; or Chinese Americans; or Jehovah's Witnesses; or the guy in the wheelchair; et cetera; go for it, providing no reason. But if excluding xyz demographic becomes habitual, or the Board makes derisive comments about any of these demographics; then I opine: Watch out Board.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, sure, Mark. Boards have complete control over committees and their members in CA Corps Codes and in our Bylaws. Probably in most? Board members need given reasons when they remove members from committees or eliminate committees all together. In our case, and perhaps in many, our CC&Rs require an Architectural Committee. If the Board votes to remove some or all members, they need to fill the spots themselves or g find some owners who's willing and able.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, Boards need to give NO reason when they vote to remove members
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It should be noted those whom are on their boards or even committees are VOLUNTEERS!!! They are NOT paid for their service. There is a saying "It's hard to fire a volunteer". I used to volunteer for Habitat for Humanity. Everyone there was a volunteer. They would tell people it didn't matter your skill level. We would find a thing for you to do. It should be noted that most of our House leaders were Men in their 70's to 80. Believe me there were volunteers who could not swing a hammer. (We actually taught people how). We had situations where a volunteer was more a hinder than help. There heart was in it but their "talents" lacked. We just found another way to focus their energies. Gave them a broom to help clean up or found them something to do in the office/store.

So you can't really fire a volunteer as they are not getting paid etc... You can request they change their focus or find out if they are qualified to be on that committee.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KerryL1 on 11/20/2023 7:21 PM
Sorry, Boards need to give NO reason when they vote to remove members

Totally agree. Committee members serve at the pleasure of the board, and can be removed with out without cause at any time (*). The board may choose to only appoint people with purple hair if they want to - it's stupid, but it's not illegal.

(* Unless your bylaws say otherwise. They almost certainly will not say otherwise.)
MarkM19 (Texas)
Posts: 1,459
Posted:
Melissa,
It is great that you volunteered for Habitat. I agree with you that in that Major organization you can always find a spot for every volunteer.

As I am sure you know already. HOAs and committees are usually single focused. The Social Committee has one job to bring members together to enjoy the event being hosted by the HOA. I have seen cases where a person would try to railroad this type of event and make it so qlickish that only a small group enjoyed the event. They also were very condescending in meeting bulling the committee to get their way. This can be very disruptive and cause other volunteers to leave the group. Just one example of when a volunteer is not working for the betterment of the committee.

What about the Landscape committee who has a member that only cares about the trees behind their home. They are not interested in any of the rest of the property that is all in the committee's charter. This person is not working for the HOA or the committee just themselves.

The reason for small group committee's is so they can handle very focused task and if 1 of 3 or 5 is not focused it becomes a distraction. This is when the committee chair needs to reach out to the baord and make the request that if honored removes that member or risk the committee losing focus.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well a single minded person in a HOA still has a single vote. Unless you can convince a majority AND win over the board with your one vote... Good on you. Even the President can do that.

One vote on one note gets you no win...Many votes in a band gets you a win.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Correction. The President not able to get things to pass on a single vote.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Our Board has disbanded landscape committees twice, who members got too focus on unimportant things OR wanted to spend too much $$$ and kept whining about it and requesting ridiculous "additions," at every open Board meeting in their Committee report.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KathleenH6 on 11/20/2023 12:20 PM
In the corporate world there are laws against age or gender discrimination. Could any of those laws pertain to the board removing committee volunteers based on age or gender?

What makes you think those were the reasons?
KerryL1 (California)
Posts: 14,550
Posted:
Good question, JohnC.
LetA (Nevada)
Posts: 2,679
Posted:
That is going to be a hard and high burden to prove.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here