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BarbaraD6 (Florida)
Posts: 347
Posted:
I read that the convenants committee members of xxx association are kept anonymous.
Is this common practice?
...the alleged violator may present a written request for a hearing before the Covenants Committee appointed pursuant to...
How do you have a meeting with anonymous people?
Barbara
MaryA1 (Arizona)
Posts: 7,043
Posted:
Barbara,

I suppose it all depends upon how transparent the BOD wants to be. IMO, the names of all committee members should be available to the members. Perhaps the names of the covenants committee members are kept private in this particular assn as a way of protecting them from any member abuse. It's often necessary for the member to appear b/4 the committee to explain their request or to dispute a violation notice. You may not be told the names of the committee members you're meeting with, but if it's a small assn you'll probably know who they are. IMO, only in a very large assn could their identities be kept private.
EvaM1 (Florida)
Posts: 190
Posted:
Here goes the Sunshine law. What are they doing? Putting listening devices in the sprinkle heads? This sounds actually scary.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Eva,

Sunshine Laws in Florida do not pertain to HOAs. We follow 720, 718 or 723 for our meeting requirements. There are 2 paragraphs in the Sunshine Laws which state that HOAs do not follow the Sun Laws except in cases where there is interaction with a public office such as building and zoning and other city, county and federal entities.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,

After one H.O. goes before them for a fine or whatever, they will no longer be anonymous. We did not publish their names on a marquis or fly by banner but on any listing of committees, they should be listed. That is one of those unwritten laws because of our open meeting requirements. I don't mean that meetings of THAT committee are open but reports from them can be available to the members after resolution is made. This is a real fine line as to what can and what cannot be open but you cannot hide their names if someone requests them.
KellyM3 (North Carolina)
Posts: 2,239
Posted:


Laws exist to mandate a bare minimum of public behavior. Using the fact that an HOA doesn't need to comply w/ a state's "sunshine law" doesn't mean that's the admirable spirit of neighborhood leadership.

The semi-confidential nature of an HOA's committee membership hits me as being passive-aggressive in dealing with neighborhood concerns not to mention an intimidating strategy aimed at dues payers. If a resident wants to "carry a big stick" in the community, they should carry that stick like Moses carried the staff and not duck behind a bureaucratic curtain.

If homeowners get away w/ threatening the committee members, then it's a police issue. Otherwise, open your meetings and your committee members identities or get the wimps off the committee.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Kelly,

I do understand what you're saying and I agree with you but it should be noted that a state's open meeting law for HOAs may not say anything about publishing names of committee members. The purpose of an open meeting law is to ensure that all meetings of the assn are open to the members.

BTW, FL has a "sunshine law" but it does NOT apply to HOAs. AZ has a public body open meeting law (same as FL's sunshine law) and also an HOA open meeting law.

As I stated earlier, even if a member attends a committee meeting, the committee members' names may not be announced. If it's a large assn it's doubtful the member will know who the committee members are. At our board meetings there is a name plaque in front of each board member so any member attending knows who is sitting up front. However, when the committee chairmen give their reports their name is not announced, so unless you happen to know who that person is you wouldn't know what their name is. Or you may hear their first name, but it's doubtful you'll hear their last name. So even when the meetings are open you may not hear everything you want to know.
RobertG12 (Arizona)
Posts: 160
Posted:
I would like to add a different line of thought. I don't know the laws for Florida, but would there be a reason to disclose the names due to the right of the owners to access the business records of the association? The outcome of this committee defines the actions of the association, thus there must be some records. The actions maybe protected in the similar manner as the executive session of the BOD, but the people participating may not. Just a thought to consider.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Robert,

I would say it would depend upon what assn records are being accessed. This info would be shown on an Assn Roster. The Board meeting minutes would most likely contain the names of committee members being appointed but you may have to go back a number of years to get all the names. The Board meeting minutes most likely will have the name of each committee chair as they are called upon to give a committee report at each meeting.
AnnJ2 (Colorado)
Posts: 120
Posted:
I can't imagine anyone who wants to be on a convenants committee wanting to have their name kept secret. Normally the mindset of people on these committees is that they are helping the association be better and they are proud of it. Usually those that want to stay anonomous have a different or secret agenda that is their personal soapbox and should not be appointed by the board in the first place.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ann,

Interesting opinion. I have a differing view. IMO, many people who serve on HOA committees, especially the A/C committee, probably wouldn't mind their name being kept secret. I'm a member of the Advisory Committee and have no problem with my neighbors not knowing of my position. Several of my neighbors have gotten violation notices lately and who do you think they might blame if they knew I was on the Advisory Committee? Same for members of the A/C committee. It's one thing to be a board member and subject to member's being angry with you over one issue or another, quite different for committee members who have no input to board decisions. Advisory committee members have the same powers as board members, except for the right to vote on board actions.
MicheleD (Kentucky)
Posts: 4,491
Posted:
We currently only have one committee, the Arch Review Committee.

But it never fails that anyone who gets a violation notice immediately blames the board member residing nearest to him/her, or the board president.

Myself and the other board members have pretty thick skins, so we can handle the vitriol that often comes with violation notification.

Were we to have such a committee, however, I can pretty much guarantee that the members would LOVE to remain anonymous.
TracieS (Colorado)
Posts: 460
Posted:
We don't have ANY committees!!! Our By-Laws say our Architectural Review Committee is the BOD.

Of course, we're only 19 units (townhomes). There's really not anything anyone could do to their property that would need review... There are a few blessings to being a small association!

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