💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

BonnieS3 (Florida)
Posts: 22
Posted:
I serve as Pres. on the BOD; I also serve a Chairperson for our Architectural Control Committee - I am scheduling a mtg. w our landscaping company -- can I notice both the BOD and the Committee to meet with landscaping at the same time? Or would there be a conflict? The mtg. is to discuss issues/concerns/complaints we have with the service.
TimB4 (Tennessee)
Posts: 21,059
Posted:
A fact finding discussion meeting isn't unheard of. As a matter of procedure, I would suggest that you have the Board meet with the Landscape company and request that the Architectural committee be there as well. Therefore, it's a Board meeting, and ran by the Board, but the Committee has also attended because it concerns them. The Architectural Committee should not conduct business at this meeting, just be in attendance and join in on the discussion.

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
WHY? When you serve on a committee = even when you are chair -you wear a committee member hat.

Have your Committee meeting and then someone can give the Board a report of your findings at the next Board meeting. Appoint a liaison to the Board to make the report.

PS It is unusual for the Pres. to chair a committee.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bonnie,
May I suggest you first check your documents as to the duties of the President of the Board. Most Presidents serve at the pleasure of the Board, they elected you. You may find that your responsibility lies in this instance with informing the Board at a Board meeting of your suggestions or possibly getting verbal agreement from the Board members to schedule this meeting in the manner you desire.
I am not suggesting you are pushing the Board around and you may have already done this. I add it here as a consideration by others reading this post.
The issues you have with the landscape company could well fall under contracts that the Board approved, therefore, it would seem proper the Board be involved, at some point.
I doubt your position as president should be used to "notice" the Board of your decision. A softer hand might be better. If this meeting occurs, I would think you as president, would insure that only the contractual items with the landscaping company that come under scrutiny of the cause of the meeting, would be discussed.In other words, the president of the Board (one hat) would chair the meeting.
Just an opinion. I can see, although necessary, this kind of meeting could get a little sticky and Board duties and committee responsibilities could conflict.
BonnieS3 (Florida)
Posts: 22
Posted:
thank you Tim -- that is what I was thinking.

Also, I'm not pushing the Board around - not quite sure how this conclusion came about.
The Board needs to be in attendance as well as the ACC -- wasn't sure how to handle .... the ACC is a new committee, so learning the procedures.

I will remove myself as Chair, since not proper.

Thank you.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Bonnie,

This meeting that is scheduled as a fact finding, complaints meeting. There is absolutely no reason that the landscape committee and the Board should not be present. If this is a large HOA, the more heads, the better. Either way, there is no vote scheduled on anything so it is proper for the Board and committee to be present. If the Board quorum is present, then you will need at least a 48 hour meeting notification to the members.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Excellent observation Donna.

For informational purposes what is you read on the duties of the president?

Given this scenario as described it would be improper for the President to unilaterally call a meeting of the Board. unless an emergency. Our documents are very clear (maybe) about the power of the president being controlled by the Board, as you know they elect him/her to serve the Board. This separation was also explained to me one time when explaining why, at our annual meeting, the dates of the regular scheduled meetings for the coming year are always published. That sets the regular meetings as being approved by the Board. Of course the dates can slip but the only change would be the date and not the meeting. In our documents the above act does not negate the need to give 48 hour notification. In our documents the need for a special meeting of the Board, called by the president for this purpose would not past the test.
SusanW1 (Michigan)
Posts: 5,202
Posted:
This smacks of board micro-managing!

There is a committee. Let is do its thing. It reports back to the Board.

If the board is going to be there for a committee meeting with a landscape company, why even have the committee??

DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan,

The Board signs the contracts, the Treasurer manages the budget so there should be Board input. Just my opinion. Committee only should be detailing what is expected and dealing with concerns. This seems to be bigger than just simple concerns.
SusanW1 (Michigan)
Posts: 5,202
Posted:
We don't know. The OP has not let us know if this is a huge issue or something like a tree/lawn contract.

But let's back up:
Does the committee have its own budget?
Does the committee have a purpose?

Then the board gets out of the way and lets it do its thing.

This micro-managing is the reason people don't like to serve on committees. If the board re-does everything then all the work that people do gets thwarted. they get discouraged and drop out.

Let's hear what the "big" issue is that the board feels it has to meet with a committee's sub contractor.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Bonnie,

I'm wondering what the Landscaping company has to do with the Architectural Comm. What issues/concerns/complaints would the A/C have with the landscaper? My HOA has a Landscaping Committee and an Architectural Comm. If there is a problem with the Landscaper it's a board issue, not a committee issue.

BTW, there is no law that says a board Pres cannot be a committee chair. My Board Pres is chair of the Playground committee. In fact, at times he's the only member on the committee. Bonnie, unless your bylaws prohibit it, you may continue to chair the A/C committee. You have my permission. LOL Most HOAs do not have members chomping at the bit to be appointed to committees which means board members oftentimes must take up the slack.
DonnaS (Tennessee)
Posts: 5,671
Posted:

An addition to Mary's comments. Our Fl. documents require a Board member to act as liaison to every committee and attend all meetings. That was never a problem with a 7 member Board, in which each member had a committee to sit on.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By BonnieS3 on 05/13/2010 3:39 AM

I will remove myself as Chair, since not proper.

Thank you.


Bonnie, with all due respect, that's just silly. Do your documents forbid it? If not then it is entirely proper for you to chair the committee.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Bonnie,

The reason why it should be a board meeting and not a committee meeting is that normally the board is the approving authority for expenditures (this may not be the case with your Association). It doesn't matter who oversees the work, but when there are issues, it's sometimes better for the contractor to know that they are talking to the people who pay them.

Tim
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bonnie,
I go back through posts every once in a while and reply to things that catch my eye. It is surprising how words can mean different thing to different people at different times. Please read below:
*****************************************

You may find that your responsibility lies in this instance with informing the Board at a Board meeting of your suggestions or possibly getting verbal agreement from the Board members to schedule this meeting in the manner you desire.
I am not suggesting you are pushing the Board around and you may have already done this. I add it here as a consideration by others reading this post.
*****************************************
I posted the above. You read this as if I am saying you are pushing the board around and you didn't know where my remark came from.

I clearly stated I was not suggesting you are pushing the Board around and said you may already may have done this. ("this") is reference to the thought that you may already have discussed the Board meeting with the other members and received verbal agreement.

I understand that the Presidents job is by far the most difficult position in an HOA. The good ones seem to have a natural ability to lead and set example for all the other owners. I would NOT make a good President, but I honestly think I can weigh the actions of the president and can understand how my documents and state regulation apply to the duties of the position. Please note that I added that my post was also in consideration of others reading the post. I added that because I felt you would not agree with what my opinions are. I have no problem with that either.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Tim -you would need to call a special board meeting, with notice to the members, since you are holding "hearings" on a project and approving a budget (spending money).

Otherwise, let the Committee report to the board at a regular meeting and the board can approve the budget for the project at a regularily scheduled meeting.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Susan,

IMO (actually for any HOA in VA) committees need to post their meetings as well. Therefore, posting a notice of a meeting is not the issue. If the meeting requires a notice to be given then by all means give it.

If the issue being discussed requires both the Board and a committee to be at the same meeting, I believe that it would be proper for senior level to be hosting/presiding over the meeting. Bonnie mentioned that this is an issue that concerns both the BOD and the Architectural Committee. The reason why it involves both we were not really told. We were only told that there are some issues involving the satisfaction of services provided and how do they hold a meeting with everyone in attendance.

As I understood her post I determined that her Association has the following options:

1. Hold two separate meetings with the Landscape Company (one for the BOD and one for the Committee).

2. Have one party meet with the Landscape Company and report to the other.

3. Have one meeting with everyone in attendance.

Bonnie had already indicated that they wanted to do option 3 (this made option 1 & 2 mute to me) and asked if notices had to be given for both the Committee and the Board. I provided what I thought would be the most common sense answer for doing what she said she wanted to do and would minimize the notices or other unknown requirements. If you recall, I did say that the Committee should not perform any actual business at the meeting, as it was not their meeting.

Tim

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Just an observation that has not been discussed.
Although I do not think the president can call a meeting without Board approval, except in an emergency, once the agreement is made with the Board, it is the President that sets the agenda for all meetings. The Board may have concurred but the President sets the agenda and how the meeting will be run. Not knowing what the specifics are (and I can understand that), it just may be important that this meeting, meetings, whatever, be conducted in a manner that fully protects the association.

MaryA1 (Arizona)
Posts: 7,043
Posted:
I think it was Susan who said the meeting was to hold hearings and approve a budget. I don't know where she got that, but here's what Bonnie said the reason for the meeting is: "The mtg. is to discuss issues/concerns/complaints we have with the service." The "service" being that of the Landscaping Co. This is something that A/C needs to bring b/4 the BOD and the BOD should handle the situation. The Landscaping Co has a contract with the assn not with the A/C committee, in fact I wonder what that committee even has to do with the Landscaping Co. However, the members of that committee would be free to attend any meeting the BOD has to discuss these issues/concerns/complaints". IMO, this could be handled at the next regularly scheduled BOD meeting.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here