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PhyllisL3 (California)
Posts: 116
Posted:
My board has been plagued with fighting for years. There are a couple of long-standing board members who are controlling and aggressive and even though they are chairs of the big money committees, they want to be on all the committees which would mean that our entire board would be on the committees they don't already chair. These oldies also have a habit of sneaking around and implementing changes behind our backs without board approval. In our HOA, committees are supposed to do the footwork and research and make recommendations to the board. Recently someone has suggested that we stop having committees and make every area of concern open to all to do what the committee would normally do. Our property manager says that many HOAs don't have committees. Can this work? Does it work for a board to simply say come one and come all to our planning (committee meetings)?
MichaelS56 (Minnesota)
Posts: 859
Posted:
Committees function as well as a Board functions. You need to get rid the board members that are control freaks. who can trust a Board that has members sneaking around and doing what they like. Our committees function very well and help the Board function and assist with making the association a better place.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Just based on what you've said, you've got a board problem and not a committee problem. But you may have a committee problem as well. Here's what I know about the issue.

We tried committees and were not successful with them. It was a combination of inexperienced board members not really knowing how to make affective use of a committee plus disinterested owners or owners with an agenda. Our bylaws only require one committee (a nominating committee) which has been similarly useless - and it's unnecessary since our bylaws allow nominations from the floor at the annual meeting.

I think committees can be useful when people have some useful skills (eg. a finance committee), and they understand and accept the limits of their duties and authority. Committees can also serve as a training ground for future board members, which is a good thing. I'm going back onto my board in the not-too-distant future and I'm already planning to try one committee. The director I'll be replacing has valuable skills. They just have a problem dealing with the delays and frustrations of board service - and I suspect being insulated from them may allow them to be an effective committee member.

Keep in mind that committees work at the direction and pleasure of the board. Generally a committee should have at least one board member on it to provide oversight. Unless a particular committee is required by your bylaws, the board is not obligated to have it at all. The board can appoint and remove whomever they like whenever they like. Inability to accept the board's authority, inability to stay in one's lane, and an agenda of some sort are all deal-breakers for me when considering committee members. Ditto a lack of skills. Board members are busy, and dealing with ineffective committees is a waste of time that the board may not have.

So... long story short:

A committee needs a clearly defined business purpose. If you can't describe what it is, then you don't need it.

An ineffective or problem committee is worse than none at all. Disband it temporarily if you believe it has a purpose and you've identified where it went off the rails. Otherwise eliminate it until you have answers to these questions.

If your bylaws require a particular committee that your track record says is not necessary, consider amending your bylaws. As long as the bylaws allow for ad hoc committees, you can always re-create it.
PhyllisL3 (California)
Posts: 116
Posted:
I agree wholeheartedly. It is a board problem, not a committee problem. We have only directors on our committees. Our property manager said that most HOAs don't have committees. Really? How does that work? How does that help to deal with aggressive directors?
PhyllisL3 (California)
Posts: 116
Posted:
Thanks Cathy, we have clearly defined purposes. Just recently when there was a big dispute about a proposed capital improvement, and a new board member who has the swing vote and some of the lesser committees were funded with money to spend, all of a sudden, the oldies, who had always told the rest of us to stay out of their lane, now want to get in our lane.
CathyA3 (Ohio)
Posts: 6,299
Posted:
The problem is that a committee has no authority to tell board members what the lane is and to stay out of it. If a board member is interfering with a committees work, then it's the job of the rest of the board to deal with the problem.

Even so, the other board members have limited options. They can't remove someone from the board - only the membership can do that. They can't boss around the others. So they have to rely on persuasion, which is often ineffective against bull-headed people who are convinced that they're right.

The membership needs to get fed up with how things are going and work to elect better board members. It can be long process, and there needs to be others who are willing to replace the bad actors. This last part is where a lot of recall-and-replace efforts fail. Everybody's ready to go with the recall effort, but getting others willing to do the replacing is a different matter. It helps explain why incompetent boards remain in office for so long - nobody else wants the job.
PhyllisL3 (California)
Posts: 116
Posted:
Exactly right! Our committees are all board members. Our homeowners don't get involved, partly because things have been set up to not be particularly welcoming to them. The owners don't know that certain directors on our board consistently rule against the individual homeowner. A couple of us have been trying to change that, but it is hard. Like you say, it is very hard to go up against directors who are bull headed and have no shame when they deceive or throw tantrums and curse and scream and threaten and deliberately take things out of context to malign anyone who has a different opinion on any matter.
MarkM19 (Texas)
Posts: 1,459
Posted:
Cathy's first post was a drop the mic post IMO.

I have been on 2 different boards in Ca. and now Texas. We had a thriving committee HOA in Ca. with 5 committees in a much smaller HOA with 438 SFHs. They worked great with only minor exceptions, and they were worked out over time. Typically, we had a board a member on each act as the Liasson and keep the committees on track. In Texas I assumed the same would happen and to my surprise we have 1450 SFHs and zero committees. I started one because of Street parking and it was before I got on the board. It had 7 people who hated cars on the streets and 7 people that did not care want the rules enforced. Since we don't have private streets, it is virtually impossible to enforce so the committee fizzled out after a few meetings. We have a 20 hour a week PM and a 20 hour a week social committee person who works for the PMC and they do it all. Luckily our budget can afford the lack of volunteerism in our HOA.

I heard a comedian on a cruise ship last week talk about HOA FB and ND moderators and he mentioned why are they always the least liked person in the HOA? It made me LOL because it is certainly true in our HOA.

PhyllisL3 (California)
Posts: 116
Posted:
There are always people who just don't care about enforcing rules, sometimes it is a good thing, sometimes it is not so good, depending on the issue. It is true that people don't like HOA directors. They don't understand that we have to enforce the rules, and that there is only so much money in the budget -- we can't do everything.

HOA boards can do some stupid things though. Years ago, before I was on the board, I got a letter from management telling me to remove a chair that was visible above the fence line. What? I wrote back that I don't own any levitating chairs. One of the X-Files episodes portrayed an HOA board president as being into the occult and being very abusive to the homeowners. He met with a very gruesome death. I can imagine what drove that screenwriter to write that episode.

We wish our homeowners would get involved and participate, but they don't. It would help this problem with the board if people knew what was going on. We have a full-time property manager, but the board has really taken over their functions because they want to control the way everything is handled. There is plenty to be said for directors providing oversight because the management company isn't going to know the issues as well as the directors do, but sometimes I wonder why we pay for property management.
MarshallT (New York)
Posts: 414
Posted:
Not all HOAs need committees, especially in smaller communities. However, as you know, the problem here is the board. If they aren't willing to work with with committees, I don't see them taking an interest in working with other members who want to share ideas.
SusanO3 (California)
Posts: 163
Posted:
95 Townhome community here. I can barely get 4 Board Members to attend meetings every two months, so committees wouldn't work for us. BTW not criticizing the board, I'm the only retired member, the others have two jobs, commutes, kids at school etc. I appreciate what attention they do give. Sue
KerryL1 (California)
Posts: 14,550
Posted:
It might be that your PM is saying most HOAs don't have committees that are comprised solely of directors. On this forum over many years, I've only seen one such HOA and that HOA was (still is??) quite a mess.

As mentioned by other posters a typical committee would have one director on it, or as our Board requires, a “Board liaison,” who helps keep the committee on track, but has no vote.

The most common committees we see on this forum are Landscape and Finance, which ours is required to be chaired by the treasurer. They have no decision-making authority or budget. Our Social Committee has a budget.

IMO, it’s crucial that every committee have a charter that’s Board approved and sets out the purpose of the committee, a limit on # of members (over 5 is excessive), that they must meet and vote on their advice to the Board, they must submit a written report every month (or as often as the Board meets.) Only the committee chair may meet with the PM.

Their best purpose, in my experience is a pipeline to Board service. I’d say 70% of all board members in the past 16 yrs came out of committees.

I. Believe I’ve seen quite a lot about HOA committees online, Phyllis. Take a look around. What you have in h you HOA sound really awful.
RileyS (California)
Posts: 55
Posted:
Quote:
Posted By PhyllisL3 on 09/02/2024 10:43 AM
I agree wholeheartedly. It is a board problem, not a committee problem. We have only directors on our committees. Our property manager said that most HOAs don't have committees. Really? How does that work? How does that help to deal with aggressive directors?



A couple of things come to mind:

You indicated that you only have Directors on your committees

1. If there are enough Directors to make a quorum then it is basically an 'Executive Committee' and a duly noticed agenda needs to be posted as well as minutes are required to be kept.

2. If you don't have a quorum, but the committee has 'decision-making' authority, then again, minutes would be required to be kept

JohnC46 (South Carolina)
Posts: 14,265
Posted:
My experiences with committee's is they can be good and/or bad the bad. Committee's are formed to help/aid the BOD. They are not a shadow BOX, as in not 2nd guessing the BOD which many try to do. A good committee structure can be a breeding ground for future BOD Member.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 09/03/2024 5:57 PM
My experiences with committee's is they can be good and/or bad. Committee's are formed to help/aid the BOD. They are not a shadow BOX, as in not 2nd guessing the BOD which many try to do. A good committee structure can be a breeding ground for future BOD Member.


PhyllisL3 (California)
Posts: 116
Posted:
We have only directors on our committees. The community doesn't get involved, and that is another problem. I keep trying to tell the board that as soon as we have a quorum on a committee, that we have to put out a notice to the members and an agenda. They won't listen. Because the older board members who are aggressive, have been complaining that they are not on the one committee with a substantial budget that they don't already control, now they are talking about dissolving the committees altogether. That means that all 5 directors will go on planning walkthroughs and participate in decision-making, which, as you say triggers the 'executive committee' or I have read that it is actually constitutes a board meeting, requiring notices to the members and agendas. I don't see how it can work. We have board members who keep insisting that we can ignore the law and do as we please.
PhyllisL3 (California)
Posts: 116
Posted:
The information about the PM saying most HOAs don't have committees struck me as odd and is why I posted this question. It is secondhand information and like a game of telephone, you can never get to the bottom of what was said. I believe that our board has done things for a number of years that discourage owners from attending board meetings, much less trying to work with us. I have read a lot of Davis-Stirling and HOA articles, but our board doesn't listen. They want what they want and turn a deaf ear to anything that gets in their way. We have had directors quit in exasperation, and I understand why they just give up. It's a nasty business.
PhyllisL3 (California)
Posts: 116
Posted:
We have 223 townhomes and five board members meeting every month except December. We also have extra meetings for budget planning, asphalt, anything that will take up too much time in a regular meeting. We are very poor at giving notice to the members for these extra meetings. This board just won't listen when they are told about the legal requirements for meetings. The five attend meetings, but we have no homeowner involvement whatsoever. I think it is because things have been made so negative that no one wants to show up. I don't know how you can run your HOA only meeting every other month. Do you have a prominent role taken by your property manager? It is harder on those who work than for the retirees, but still, being a director on the board is a job -- it is real work that has to get done. My sympathies to you, although I will say that the directors on our board attend, because some of them want to control and micromanage every decision. That is a world you don't want to live in.
PhyllisL3 (California)
Posts: 116
Posted:
Yes, I wish we had more homeowners stepping up and wanting to get involved.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
we struggle to get enough members just to volunteer for 3 board positions out of 150 owners.

vis ta vie
DeanJ
Posts: 1,786
Posted:
As a board member, there are committees I think are very appropriate and ones I would never seat.

Social Committee - this is one the Board should provide an annual budget and let the committee full responsibility to function.

Design Review Committee - this committee should have a current or past board member who has excellent knowledge of the HOA’s design standards. Anytime the committtee approves an improvement in conflict with the design standards, the members are replaced.

Enforcement Committees - these need to be chaired by a board member and only seated if required by the declaration.

Regulation review committees - these need to have a current or previous board member knowledgeable of the declaration - advisory only

Landscape Committee - no board members, no budget. Advisory only

CathyA3 (Ohio)
Posts: 6,299
Posted:
One caveat: enforcement actions in my community must be kept confidential - any discussions or hearings are held in executive session. I think it's inappropriate to have a committee of owners involved with this. There are pragmatic reasons not to do this as well. A committee of this sort will attract the folks who like to tell others what to do or who have an axe to grind. Owners don't like it when the board handles this stuff, but they're more likely to fight back if neighbors have the authority to give them grief. It could make for an unfriendly community. We joke about the Condo Commandos, but they can cause real trouble.

TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By PhyllisL3 on 09/04/2024 8:15 PM
We have 223 townhomes and five board members meeting every month except December. We also have extra meetings for budget planning, asphalt, anything that will take up too much time in a regular meeting. We are very poor at giving notice to the members for these extra meetings. This board just won't listen when they are told about the legal requirements for meetings. The five attend meetings, but we have no homeowner involvement whatsoever. I think it is because things have been made so negative that no one wants to show up. I don't know how you can run your HOA only meeting every other month. Do you have a prominent role taken by your property manager? It is harder on those who work than for the retirees, but still, being a director on the board is a job -- it is real work that has to get done. My sympathies to you, although I will say that the directors on our board attend, because some of them want to control and micromanage every decision. That is a world you don't want to live in.

In your bylaws, does it assign noticing responsibility to the Secretary?
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By CathyA3 on 09/14/2024 12:42 PM
One caveat: enforcement actions in my community must be kept confidential - any discussions or hearings are held in executive session. I think it's inappropriate to have a committee of owners involved with this. There are pragmatic reasons not to do this as well. A committee of this sort will attract the folks who like to tell others what to do or who have an axe to grind. Owners don't like it when the board handles this stuff, but they're more likely to fight back if neighbors have the authority to give them grief. It could make for an unfriendly community. We joke about the Condo Commandos, but they can cause real trouble.


I agree, except there are some HOAs that have declaration requiring these committees.
JulieH4
Posts: 75
Posted:
We have 140 condo/townhomes in my community. We have 3 Board members total. We also have 3 committees.

One for landscaping to which anyone that wants to make any kind of changes or do any work in the neighborhood has to go through them; one member of the Board is on that.

We have a pool committee to make sure the pool looks nice and is maintained properly and a member of the Board is on that.

Then we have the events committee. There is not a Board member on that committee and they plan neighborhood events such as coffee meetups and the neighborhood night out.

As a property manager, I am happy to have committees take a couple of things off my hands!

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