committees within an HOA

Started by DeborahG2 • 4 replies • 1295 views

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DeborahG2 (Florida)
Posts: 10

Posted:

Does an HOA board have legal responsibilities over committees. Our fun and games committee has their own bylaws and corporate tax account. They give the HOA money to be on their insurance policy. Does this eliminate our responibility. Also we have a neighbor hood watch who falls under the sherrifs department again we pay for their insurance and donate money to them when they need repairs on their golf cart. Do we own any responsibility for their actions. I am going to try and revamp bylaws with a new committee. Possibly having each committe prepare the guidelines they use to run these committees and have the board sign off on them that they are in agreement. If this step is necessary what law does it fall under.

Thanks

MicheleD (Kentucky)
Posts: 4,491

Posted:

What do your by-laws, covenants, controlling documents say about committees now?

Unless your documents allow for you to be paying the insurance of other ad hoc and not official (and these committees do not appear to be official HOA committees, especially if they have their OWN by-laws, that were not created and/or approved by the HOA board and other entities to which they report, then you are probably over-reaching in your insurance policy and may find out when it is needed that the insurance company decides they don't have to cover them. Or that they decide to terminate your policy for attempting to insure entities that don't belong to the official HOA.

I think you are going to need more advice than what those of us on this site can provide you.

I would recommend speaking with an HOA attorney AND an insurance agent that deals with HOAs.

DeborahG2 (Florida)
Posts: 10

Posted:

I am the legal liason for the committee. These things happen prior to this board and I don't think they are legal and feel we would be responsible if anything happened. thanks for your advice

JohnB26 (South Carolina)
Posts: 1,569

Posted:

what do your governing documents say ?

DOH

SusanW1 (Michigan)
Posts: 5,202

Posted:

Is this committee its own corporation?

Or are you saying it has a bank account and is using the HOA corporate EIN number?

It can have its own rules. If it is its own corporation, then it can have its own bylaws.

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