Empowerment of Committtees

Started by JenniferH5 • 8 replies • 1260 views

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JenniferH5 (North Carolina)
Posts: 2

Posted:

Our by-laws are very unclear about the level of authority empowered to committees. Our HOA has a very controlling board that is unable to make a decision so issues just spin for years without resolution (analysis paralysis). A group of us are trying to infiltrate the BoD, but this will take time and we would like to move several things forward in the next few months (including a major front entrance landscape enhancement). Our BoD will not relinquish control of anything and just continually squashes every proposal. Meanwhile our reserve funds continue to climb disproportionate to our operating costs and no real capital improvements to consider (we only have one common area and it is the front entrance). Any suggestions?

SusanW1 (Michigan)
Posts: 5,202

Posted:

First, I would look at the bylaws to see if there are any Standing Committees. These are committees that are supposed to be in action at any/all times and deal with on-going issues. Perhaps you have a Finance or Architectural Committees. Maybe they are inactive or have just faded away.

For new or inactive committees, you need to look for a section in the bylaws that talks about committees and WHO forms or establishes them. Sometimes it is the president who appoints the persons on committees OR appoints the chairperson for the committee and that person is responsible for getting members. Other times, the Board can establish the committee. Members cannot just "form" a committee. This must come from the Board.

The committee will be "charged" or assigned a task, and given a budget or asked to develop a budget for the project or program they are in charge of. Of course, all final decisions are approved by the Board,(unless the Board tells the committee to take complete the task). The Committee gives a report, with recommendations, to the Board.

If a group of people want to establish a committee or want action from the Board, they should approach the Board at a meeting, ask to be on the agenda, get up and present concerns and make a suggestion on the formation of the committee and state its need. If the Board refuses to form the committee, because it wants to do the task itself, then there needs to be follow-up on the progress of the issue. Be sure the Board knows that there is a group of people watching the progress of the entire procedure, and want some kind of resolution to the issue.

Good luck!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Susan, as always, makes sense out of her documents and no doubt she is on the money.

Since the Board controls committees, maybe it would work if you all that want this enhancement would draw up some plans and drawings listing how you are going to beautify the entrance, what it would cost, etc, etc. Take that to the Board meeting and get enough to go with you and make a motion from the floor and get it seconded and opened for discussion. Then bring it to a vote and outvote whoever is against it. There are a dozen reasons while this is probabky not kosher but if you have a good plan and good figures and maybe some volunteers the Board will be hard pressed to refuse you. They will probably want to put in on an ineffective committee, but I don't think they can if you make the motion right.
Work with them and see if they will give a little.

GloriaM (North Carolina)
Posts: 829

Posted:

Jennifer:

Committees are helping hands for the board. Everything has to be filtered through the board for approval. Generally the committees meet and bring ideas to the board for approval. Committees cannot negotiate or enter into contracts only the board can. The committee chairperson should bring the ideas of your committee to the monthly meeting of the board to get approval.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Dr. Gloria,

What would be wrong in a group of owners deciding to take on a beautification project under their own initiative? As long as they have a good plan and have done their homework and had an estimate of cost, surely the Board could step out of the box for something like this. Not too many years ago my son was going to visit from PA. We in SC had an unusual cold freeze and many areas of out side walks would freeze overnite. Traffic salt was just not available. I told him to bring some salt down and informed the manager the salt would be here next day. The cost was minmal but the Manager wrote him a check for the salt. Same thing I am proposing. The folks that care about the entrance should be supported. After living here as long as I have, there is not going to be a concern that everyone will by pass the Boards committee, and if it happens all the time it seems likely the Board picked the wrong people for the committee. The Board should have the authority to direct and work with their committees, if it don't happen, something is wrong.

GloriaM (North Carolina)
Posts: 829

Posted:

Robert"

That is what a comimmite should do , come up with a plan, how much is it going to cost and present it to the board
for review,The board votes yes you can spent 500,00 for the social event. The committee goes out purchases the items and has the social event.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Dr. Gloria,
Tongue in cheek, sorta.

In a Condo you can't spend money for anything that does not support the Real Property. (Social event) I have never been able to win this arguement, but I still think I am correct.

I also suggest this poster wants to know what to do when the system don't work.

Thanks

GloriaM (North Carolina)
Posts: 829

Posted:

Oops, I put a coma where a period should have gone; I meant $500.00.

Robert in answer to your post When doing your annual budget a social line item should be factored in accordingly.

Are you saying that your governing documents specifically state you cannot spend any HOA funds on social events? Can you post the Article & Section wording?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Dr. Gloria,
Below is pasted from the Declaration page of Our Master deed.

I read it money can not be spent for anything that is not to support the Real Property. Any assessments collected by the Board has to support the Real Property. Of cource, we do it, always have, but yet the Board Bulks at making a Donation to any organizations. They think all I do is look for ways to give them a bad time, not true and my measure is the place is better by far than when I came here. I am not taking credit, just that I know I have helped this place a lot, and never harmed it.

***********************************************

NOW THEREFORE, the Owners hereby declare that the real property described below and such additions thereto as may hereafter be made in Article II shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, affirmative obligations, assessments, fees and liens herein set forth, which shall be for the benefit of the real property described herein which shall run with the land and shall be binding on

all persons having any right, title, estate or interest therein or any part thereof, and also upon their heirs, successors, assigns and legal representatives.

This document to be effective on May 18, 2005 and thereafter.

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