GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
We have no Committees in our POA, are we 'required' to have any or is it just a 'best practice' kind of thing ??
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Should we have Committees ?
Started by GailW3 • 20 replies • 1275 views
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JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Gail,
We have none either as we haven't a need. But we're small and have few issues to contend with. Did you have something specific in mind that requires more than your BOD can or wants to deal with?
We have none either as we haven't a need. But we're small and have few issues to contend with. Did you have something specific in mind that requires more than your BOD can or wants to deal with?
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Gail,
IMO, committees are a good way to get members of the assn involved in the operation of the assn. Have you checked your gov docs to make certain specific committee are not required? Oftentimies, a teller committee (to count election votes, etc) and most definitely in the majority of assn's an architectural committee is required. Other committees that are very beneficial might be:
1) finance committee
2) landscaping committee
3) playground committee
4) newsletter committee
5) social committee
My assn also has #2 & 3 together with a "city liaison committee" (to keep abreast of city happenings that might affect the HOA), "grant committee" (to prepare applications for City grant $$$) and "website committee".
A board member is usually assigned to sit on the various committees, mostly to act as a liason to the BOD -- does not have to be the Chairperson. Committees should keep minutes of their meetings. Committee members serve at the leisure of the BOD. Committees make recommendations to the BOD but do not have the authority to take any actions, except for the architectural committee, or expend any funds.
IMO, committees are a good way to get members of the assn involved in the operation of the assn. Have you checked your gov docs to make certain specific committee are not required? Oftentimies, a teller committee (to count election votes, etc) and most definitely in the majority of assn's an architectural committee is required. Other committees that are very beneficial might be:
1) finance committee
2) landscaping committee
3) playground committee
4) newsletter committee
5) social committee
My assn also has #2 & 3 together with a "city liaison committee" (to keep abreast of city happenings that might affect the HOA), "grant committee" (to prepare applications for City grant $$$) and "website committee".
A board member is usually assigned to sit on the various committees, mostly to act as a liason to the BOD -- does not have to be the Chairperson. Committees should keep minutes of their meetings. Committee members serve at the leisure of the BOD. Committees make recommendations to the BOD but do not have the authority to take any actions, except for the architectural committee, or expend any funds.
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
Thanks, John. Actually, we are a small group as well but elections are coming up in August and I am uncomfortable with the way it is done; candidates are nominated from the floor, and a vote is taken by a show of hands while the candidates sit there. I would like to have a chance to think about the nominees (longer than 30 seconds), read their bio, and vote in secret, or at least ask the candidates to leave the room while the vote is taken. Am I out of line in thinking it would be desirable to have an election committee to handle this ??
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Mary,
Could you share the language from your docs requiring committees?
Ours state, within ARTICLE III, EXECUTIVE BOARD:
3.2(e) The Executive Board may appoint such committees as are deemed appropriate in the sole discretion of the Board of Directors.
Could you share the language from your docs requiring committees?
Ours state, within ARTICLE III, EXECUTIVE BOARD:
3.2(e) The Executive Board may appoint such committees as are deemed appropriate in the sole discretion of the Board of Directors.
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Gail,
Okay, if that's something you and the BOD feel would be appropriate, and you have enough warm bodies to volunteer for the task, have at it.
Okay, if that's something you and the BOD feel would be appropriate, and you have enough warm bodies to volunteer for the task, have at it.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By GailW3 on 03/09/2009 10:18 AM
Thanks, John. Actually, we are a small group as well but elections are coming up in August and I am uncomfortable with the way it is done; candidates are nominated from the floor, and a vote is taken by a show of hands while the candidates sit there. I would like to have a chance to think about the nominees (longer than 30 seconds), read their bio, and vote in secret, or at least ask the candidates to leave the room while the vote is taken. Am I out of line in thinking it would be desirable to have an election committee to handle this ??
Thanks, John. Actually, we are a small group as well but elections are coming up in August and I am uncomfortable with the way it is done; candidates are nominated from the floor, and a vote is taken by a show of hands while the candidates sit there. I would like to have a chance to think about the nominees (longer than 30 seconds), read their bio, and vote in secret, or at least ask the candidates to leave the room while the vote is taken. Am I out of line in thinking it would be desirable to have an election committee to handle this ??
Gail,
A nominating committee is usually appointed for the purpose of soliciting candidates. This is sometimes is specified in the bylaws. Also in the bylaws should be the procedure for voting, i.e. in person, by proxy or mail-in ballot. I'm surprised your bylaws do not specify this. The procedure you are using is certainly not acceptable, IMO. The notice sent to the members announcing the annual meeting should also contain a ballot and proxy form (if allowed), along with a bio of each candidate. Each member attending the meeting should register with the secretary and be given a ballot if they did not bring the one mailed to them. This procedure ensures that the members voting are, indeed, eligible to vote and also that only one vote per lot is being cast. If allowed in the bylaws, nominations from the floor may take place at the meeting. If there are any, the members present would write those names on their ballot, the ballots are then collected, tallied and the winners announced. Of course any ballots mailed in would be added to those collected at the meeting. A teller committee may be appointed to count the ballots. Some large associations may have a "meet the candidate" night at which time each candidate can get up and give a short bio. Otherwise this can be done before the balloting takes place.
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Gail and Mary,
We have our Annual coming up in June. Our Prez's term is ending but he's willing to stand for re-election. So we'll announce this in an upcoming email Update, seek new candidates, none will come forward, the Annual will be held, probably nobody'll show up 'cept the BOD (which is enough for a quorum), and we'll re-elect him, which'll be fine with us and Membership.
I ought to start a magazine called Real Simple, eh?
We have our Annual coming up in June. Our Prez's term is ending but he's willing to stand for re-election. So we'll announce this in an upcoming email Update, seek new candidates, none will come forward, the Annual will be held, probably nobody'll show up 'cept the BOD (which is enough for a quorum), and we'll re-elect him, which'll be fine with us and Membership.
I ought to start a magazine called Real Simple, eh?
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
Very helpful, Mary. Our bylaws do not reference Committees in any fashion, so this is all new territory !! Would you suggest I approach the Board and ask about this ?? Any suggestion on how to word this??
Thanks...
Thanks...
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
John,
From the CCRs:
1) "The BOD may also appoint committees and managers or other employees and agents who shall, subject to the general direction of the BOD, be responsible for the day-to-day operation of the Association."
2) "The BOD shall establish a committee to perform the functions of the Architectural Committee set forth in the declaration and shall adopt the procedural rules and regulations for the performance of such duties by the Architectural Committee."
From the bylaws:
1) "The BOD may, by resolution passed by a majority of the whole board, designate one or more committees, each committee to consist of one or more of the directors of the Association. Such committee or committees shall have such name or names as may be determined from time to time by resolution adoted by the BOD."
2) "Nomination for election to the BOD shall be made by a Nominating Committee."
From the CCRs:
1) "The BOD may also appoint committees and managers or other employees and agents who shall, subject to the general direction of the BOD, be responsible for the day-to-day operation of the Association."
2) "The BOD shall establish a committee to perform the functions of the Architectural Committee set forth in the declaration and shall adopt the procedural rules and regulations for the performance of such duties by the Architectural Committee."
From the bylaws:
1) "The BOD may, by resolution passed by a majority of the whole board, designate one or more committees, each committee to consist of one or more of the directors of the Association. Such committee or committees shall have such name or names as may be determined from time to time by resolution adoted by the BOD."
2) "Nomination for election to the BOD shall be made by a Nominating Committee."
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Gail,
If you feel there are specific functions that could be handled by a committee, which would take away some of the workload from the board members, by all means mention that to the BOD. If nothing else there should definitely be an Architectural Committee. I'm surprised that at least is not outlined in your CCRs. Whether your assn is large or small, committees can be very helpful to the BOD and, as I mentioned earlier, it's a good way to get other members of the assn involved in the operation of the assn.
If you feel there are specific functions that could be handled by a committee, which would take away some of the workload from the board members, by all means mention that to the BOD. If nothing else there should definitely be an Architectural Committee. I'm surprised that at least is not outlined in your CCRs. Whether your assn is large or small, committees can be very helpful to the BOD and, as I mentioned earlier, it's a good way to get other members of the assn involved in the operation of the assn.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Gail, your governing documents may not mention "committees" directly, but I have a very strong suspicion that they do address the proper procedure for obtaining nominations and voting on those nominations.
HOAs are all over the board with this sort of thing, in terms of practice and procedure, but I have to say, I have never heard of an HOA simply taking nominations from the floor the night of the meeting and then voting with a show of hands then and there.
In fact, in our HOA, nominations from the floor are not allowed. . . if a name has not been placed on the ballot to be mailed out to the membership for vote, then that nomination has to wait till next year.
Please review your CC&Rs or bylaws and check for the clause or provision that talks about Board of Directors and the nomination/voting process.
HOAs are all over the board with this sort of thing, in terms of practice and procedure, but I have to say, I have never heard of an HOA simply taking nominations from the floor the night of the meeting and then voting with a show of hands then and there.
In fact, in our HOA, nominations from the floor are not allowed. . . if a name has not been placed on the ballot to be mailed out to the membership for vote, then that nomination has to wait till next year.
Please review your CC&Rs or bylaws and check for the clause or provision that talks about Board of Directors and the nomination/voting process.
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Also, there's probably some language in your docs giving the BOD the power to do blah blah in the best interests of the HOA. Blah blah could include the est. of committees.
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
Michele,
I have reviewed our CC&R's and Bylaws for nomination and voting procedures; it mentions that each member is entitled to nominate one director for the BOD's and that each nominee must recieve a vote of 50% + one to be elected, proxy voting and one lot=one vote. It does not say when/how candidates are nominated or how the voting is to be done. Odd, right ??
I have reviewed our CC&R's and Bylaws for nomination and voting procedures; it mentions that each member is entitled to nominate one director for the BOD's and that each nominee must recieve a vote of 50% + one to be elected, proxy voting and one lot=one vote. It does not say when/how candidates are nominated or how the voting is to be done. Odd, right ??
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
John,
Oddly enough, the Bylaws do not mention the word "Committee" at all...our Bylaws are so loosely constructed you could drive a semi-truck through them, and it appears that some members are starting to take advantage of that.
Oddly enough, the Bylaws do not mention the word "Committee" at all...our Bylaws are so loosely constructed you could drive a semi-truck through them, and it appears that some members are starting to take advantage of that.
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Gail,
I didn't mean the blah blah would mention committees. Just that the blah blah, if you have it, could be used to est. them.
Do you have a blah blah clause?
I didn't mean the blah blah would mention committees. Just that the blah blah, if you have it, could be used to est. them.
Do you have a blah blah clause?
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
John,
Yes, I believe our blah blah clause says "the affairs of the ****** shall be controlled and administered by a board of directors...Is that blah blah inclusive enough to cover committees ?? I would think so, what say you ??
Yes, I believe our blah blah clause says "the affairs of the ****** shall be controlled and administered by a board of directors...Is that blah blah inclusive enough to cover committees ?? I would think so, what say you ??
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Gail,
You betcha.
You betcha.
GordonD1 (California)
Posts: 131
Posts: 131
Posted:
Gail:
Committees are good for the community. They can be very helpful to the board with their great recommendations. Committees provide a lot of help for the community. Suggest your Board to form committees.
Committees are good for the community. They can be very helpful to the board with their great recommendations. Committees provide a lot of help for the community. Suggest your Board to form committees.
GailW3 (Georgia)
Posts: 14
Posts: 14
Posted:
Thanks, Gordon. Could you give me a general idea how this is done?? Does the Board or the general membership (via annual meeting) form a committee?? Or both?? Can anyone join the Committee or does the Board appoint members ?? Sorry, I'm clueless since we have never had any Committees !!
GordonD1 (California)
Posts: 131
Posts: 131
Posted:
Hi Gail:
The whole idea starts via annual meeting. (Right before that is also mentioned on the monthly news letter). The Association Manager brings a special form describing the duties of the: Newsletter, landscape, maintenance, finance and social committees. Any homeowner that is interested will fill out the form and give it to the Association Manager (the form can also be fax or mail on a later day). The board will review all the volunteers and the committee members will be formally announced in the next board meeting. We encourage the committees because it is always good to have homeowners participating to help. The committees report to the board. It is good to have a Chairman.
The whole idea starts via annual meeting. (Right before that is also mentioned on the monthly news letter). The Association Manager brings a special form describing the duties of the: Newsletter, landscape, maintenance, finance and social committees. Any homeowner that is interested will fill out the form and give it to the Association Manager (the form can also be fax or mail on a later day). The board will review all the volunteers and the committee members will be formally announced in the next board meeting. We encourage the committees because it is always good to have homeowners participating to help. The committees report to the board. It is good to have a Chairman.
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