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BethM2 (Pennsylvania)
Posts: 28
Posted:
Also, can the chairman of the ARC make a motion or is he just the mediator? I am being told things I'm not too sure of and appreciate all of your advice.
MicheleD (Kentucky)
Posts: 4,491
Posted:
The chairman can not only chair the meetings, but can make motions and vote on them as well.

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

The chair is also a member of the committee. Therefore, whatever a committee member can do, the chair can also do.

Tim
SteveC4 (Florida)
Posts: 154
Posted:
Our chairman of the ARC has been months in the rearage of there Association dues....we live in Florida, Townhomes....should she still be the Chairman of the ARC even thow she has not been paying there dues?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By SteveC4 on 06/02/2010 6:32 PM
Our chairman of the ARC has been months in the rearage of there Association dues....we live in Florida, Townhomes....should she still be the Chairman of the ARC even thow she has not been paying there dues?

It depends on your documents.

However, in many cases the chairman of the ARC is appointed by the board and the board is the entity to determine when or for what purpose a committee chairman be removed from the committee.

Two questions:

Are you a member of the board of directors?

If not, how do you know whether the ARC chair is in arrears or not?

One more question:

Is English your first language?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SteveC4 on 06/02/2010 6:32 PM
Our chairman of the ARC has been months in the rearage of there Association dues....we live in Florida, Townhomes....should she still be the Chairman of the ARC even thow she has not been paying there dues?

Steve,

Typically committee members are appointed by the Board of Directors vs. being elected. Your governing documents will tell you if this is the case for your Association (look in your CC&Rs or the Bylaws). Typically there are few if any requirements for someone to serve on a committee (or even the Board for that matter). If your Association has any qualifications or requirements, they will be listed in your governing documents.

If members are appointed, they serve at the pleasure of the Board and it is up to the Board to remove them. Most Boards are happy for any volunteer that will serve on an ARC that they normally don't look much past the fact that they volunteered. It is possible that if another volunteer was available to take their place, the Board might replace them. Perhaps, if you are not already serving in a position, you will step forward and offer your time.

If members of the committee are elected, it is up to the membership to remove them. This could be done at a recall election or at the regular election.

As for the general question on if members who are behind in paying their assessments should serve on a committee or as a member of the Board, I personally believe they should be allowed providing that they are only one month behind. This is because we are all human and sometimes issues come up. However if they are behind more then one month, I believe that they should no longer be allowed to serve. However, just because this is what I personally believe doesn't make it happen. It all depends on what is legal and that is determined by the wording and language that addresses the topic in your governing documents.

Hope this helps,

Tim
DonnaS (Tennessee)
Posts: 5,671
Posted:

Steve,

The fact that she is chair has nothing to do with her rights once she becomes delinquent in her dues. All committees work under the authority of the BOD. All they need to do to remove her is to say, good bye to her. The Board appoints members to committee and removes them as well.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Most assn gov docs only deny a delinquent member the right to vote, hold office (meaning a board position) and use of the amenities. However, if the BOD wants to extend that to serving on a committee they may do so by just removing the delinquent person from their committee position. As others have said, committee members serve at the pleasure of the BOD, meaning the BOD appoints and removes at their discretion.

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