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SuzanneS10 (Florida)
Posts: 1
Posted:
Hoping someone can give me some guidance and insight.

I moved here one year ago. There currently are new Board Members. There is one homeowner who USE to be on the Board. When she WAS on the Board, a 'Parking Committee' was created. She and another homeowner (non-board member) are 'the Committee'. They take it upon themselves to monitor, site to be fined, and have vehicles towed. They now are being given towing authorization, since she is no longer on the Board, to sign off. She also insists to be informed if the person she sites, are getting fined. (not her business, she isn't a Board Member, correct?)

I recently found out, there is 'no Charter' for this 'Parking Committee' or any 'Committee'. Is this allowed in Florida?

It is my understanding the 'Parking Committee' is below the Board. Couldn't this 'non chartered' committee potentially cause lawsuits not just to themselves but to the Association as well?

Our Management company has gone through a number of Mgrs in just the year I have lived here. I know the Mgmt company 'is suppose' to guide the Board and Community... and yet.. here we are.

Thank you for all your help.

LoriM15 (Florida)
Posts: 1,009
Posted:
Is this a condo or an HOA? Have you checked your governing documents? Is there a parking committee defined in the documents? If so, then they are an official committee and need to hold open meetings with minutes and property posted notice.

If it is not a committee defined in your documents, then your documents probably allow for the board to appoint ad hoc committees. These serve at the pleasure of the board - meaning the board gets to decide who serves, for how long, and oversees their functions.

This should have nothing to do with the manager. This is a board function.

If this committee is functioning as you describe, the board is allowing them to do this.
MichaelS56 (Minnesota)
Posts: 859
Posted:
In are townhome associations, committees can only offer recommendations to the board. The board is the group that determines if someone should be fined and even with that power, the board must follow the fining process found in state law and our governing documents.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By SuzanneS10 on 02/20/2025 6:05 AM
I recently found out, there is 'no Charter' for this 'Parking Committee' or any 'Committee'. Is this allowed in Florida?
Florida statutes do not require a "charter" for committees.

But Florida statutes and your bylaws say a lot more about who calls the shots at your HOA. The committee can only take action if the board agrees to such action.

Never ever rely on a management company to "guide" the board, as if the MC is all-knowing. Managers offer suggestions but if they cannot back up their suggestions with references to the governing documents or statutes, ignore them.
KerryL1 (California)
Posts: 14,550
Posted:
Re-reading your post, Suzanne, I now wonder if you're the Board???

Is there ANYthing about this so-called "Committee" in writing, e.g., Board approval of it & its duties in Board minutes?

If not, Perhaps ask the Board at the next Open Meeting's open forum about it. Ask to see evidence that it's approved by the Board. You say they're now "authorized" to get cars towed. .By whom??? Was it a Board vote at a Board meeting?

Meanwhile, follow Lori's advice as she's a very experienced FL board member. See what your CC&Rs (events) say, if anything about committees. Check your
Bylaws.

That two random owners can run amok in your HOA and write citations and have cars towed is horrifying. If someone is cited , are they called to a hearing before the Board? Is a hearing required as in CA? Does the owner write a check to to a "committee member?" To whom?

I agree that You should be very concerned about liability and potential lawsuits. I think a. qukc opinion form your HOA a stoney wouldn't const much.

Finally, I agree with Elle that you nor anyone reading this should rely on your community management staff. Our most recent 3 -- past 5=6 years--have been very ignorant. So read your HOA's contract with your Mgm.t Co.

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