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DonteS (Maryland)
Posts: 11
Posted:
Good morning and Happy Holidays,

Are there any HOA Boards that have started committees such as social, architectural, finance etc? If so, do those committees make their meetings open to the community also?
SheliaH (Indiana)
Posts: 6,964
Posted:
Start with reading your documents- that's where you ALWAYS begin (saves time).

Generally, advisory committees are chartered by the board - it dictates what the committee is supposed to do, usually researching an issue in more detail or spearheading specific projects, such as organizing community wide activities, such as a summer cookout. The board also appoints people to the committee and someone serves as chairperson, with meeting minutes being submitted to the board (which are then attached to board meeting minutes.)

Committees aren't the same as board meetings, so there may not be a requirement to make those meetings open. Remember the committee can recommend whatever it wants, but the final decision should be made by the board, and that decision should be made in an open meeting. Personally, I wouldn't have an issue with committee meetings being open because they shouldn't be hiring over confidential information. For example, a finance committee might recommend renewing a contract with a specific vendor, but if they're discussing certain bids to recommend to the board, they need to be careful not to disclose proprietary information that may be in the RFP. It's OK to tell homeowners what was in the RFP because the tge same information went to all the vendors.

Likewise, meetings of an architecture committee that will recommend if an exterior change request should be approved shouldnt be open, but meetings where the discussion concerns updating certain design standards would be fine, as long as people refrain from saying things like "so and so's new fence is REALLY ugly" (that's how accusations of selective enforcement can start.)

Open committee meetings don't mean homeowners have an automatic right to jump in with comments, questions or complaints. This is still a business meeting so attendees should be quiet and listen to what's being said. They can always comment after the meeting, send in comments, questions, etc., before the meeting or even bring them to the resident forum during regular board meetings. This is usually the underlying reason people ask about open committee meetings, so if you're clear on what the committee is supposed to do, it can prevent issues with collusion, favoritism and downright incompetence. The charter could also address how complaints about committee member conduct will be handled.

That's one person's opinion- hope it helps.

One more thing - however the committee is set up, its charter should be available for review by homeowners. This way, people who want to volunteer will know what's expected of them. Committee members should also understand they ARE NOT the board- unless the documents specifically state it has certain authority, members serve at the pleasure of the board and can be replaced.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
If living within a development under the Maryland Homeowners Association Act, per §11B–111 (in part [emphasis added]):

Except as provided in this title, and notwithstanding anything contained in any of the documents of the homeowners association:

(1) Subject to the provisions of item (4) of this section, all meetings of the homeowners association, including meetings of the board of directors or other governing body of the homeowners association or a committee of the homeowners association, shall be open to all members of the homeowners association or their agents;

If living within a development under the Maryland Condominium Association Act, §11–109. (in part [emphasis added]):

(6) Except as provided in § 11–109.1 of this title, a meeting of a governing body shall be open and held at a time and location as provided in the notice or bylaws.

Per §11–101 (in part [emphasis added]):

(i) “Governing body” means the council of unit owners, board of directors, or any committee of the council of unit owners or board of directors.

Therefore, the answer to your question is YES committee meetings of HOAs or COAs must be open to the membership.

Your board should know that committee meetings are to be open to the membership but might not (as we are all human and make mistakes).
My suggestion: contact your board in writing and politely request to be notified when the meetings are so you might attend.
Reference the applicable law.

If your board fails to reply, send the request again via certified mail.

If your board still fails to reply OR if your board denies your request, you can file a complaint by contacting the Consumer Protection Division of the Maryland Attorney General's Office:

File a Consumer Complaint has contact info at the bottom of the page.
DeanJ
Posts: 1,786
Posted:
Sounds like a good reason to not have any permanent committees except as required by the CC&Rs.
CathyA3 (Ohio)
Posts: 6,299
Posted:
We have not had a good experience with committees. The one that was optional went off the rails pretty quickly and had to be disbanded. The one that is required by our bylaws (nominating committee) is completely ineffective. It has never once accomplished its goals and is unnecessary since we allow nominations from the floor. (In fact, nominating committees have been outlawed in some states since they can act as gatekeepers to prevent "the wrong people" from ending up on the board.)

In addition, committees are magnets for the chronic complainers and the activists who want to undermine the board.

If you want to have a committee:

* It should have a clearly stated purpose and a written "charter" spelling what it will accomplish. "It sounds like a good idea" is a recipe for trouble.

* Make sure that the committee's purpose is consistent with your CC&Rs. My condo CC&Rs state that the purpose of the association is to maintain the condominium property, period. Funding social events with assessment dollars is legally questionable, so we only have participant-funded events. HOAs seem to be different in this respect.

* One member of the committee should be a board member to provide oversight.

* Determine whether or not the committee should have a budget of its own. A budget would make sense for a social committee, but less so for other committees that are advisory only.

* The committee should hold announced meetings with an agenda and minutes published afterwards.

* The committee members serve at the pleasure of the board. They have no independent authority (with a few exceptions) and may be removed by the board with or without cause. The board should be prepared to remove problem committee members and to disband committees that are ineffective or actively disruptive.

DeanJ
Posts: 1,786
Posted:
To add, most HOA’s are not blessed with an over abundance of people who want to serve on the board or commitees. Many times owners suggest committees that they would never serve on themselves.

Committees also fail to realize there are both functions and deadlines they have to meet for the board to function properly.
LindaS46 (Florida)
Posts: 5
Posted:
Committees is at the description of the President of the Board in Florida.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By LindaS46 on 01/30/2025 5:46 AM
Committees is at the description of the President of the Board in Florida.
Nope. A HOA must establish committees when required by statute or the governing documents. Otherwise committees are at the discretion of the board (not just the President-director).

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