Committee charters

Started by WilliamT • 5 replies • 1740 views

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WilliamT (Arizona)
Posts: 489

Posted:

Is anyone aware of an Arizona statute that "requires" a board to send copies of Committee Charters to the members?

I've searched all the Planned Community statutes and there is nothing in there.

We recently formed committees and had charters drafted for each of them, in order to spell out the duties of the committees. Our property manager said it is the law that we must mail out all of these charters to each community member. Apparently he had been informed of this by an HOA attorney at a seminar, but doesn't know the statute number.

Thanks in advance

HaroldS (Arizona)
Posts: 906

Posted:

Sorry William, but I don't know of any Arizona law requiring an HOA to inform members of committee charters. Why don't you demand the MC rep provide you with this law and share it with us? Harold

WilliamT (Arizona)
Posts: 489

Posted:

It's not a planned community law, and I can't imagine it being somewere else. I believe he may have misunderstood what was said by an attorney. If I do find out I'll pass it along.

DonN (Michigan)
Posts: 357

Posted:

WilliamT

A charter for each committee is a very important. Yes, as a matter of policy, good governance and respect for the members, the charters should be distributed to members for their information and comment. Such a policy and practice would likely be well more than might be required by law. It is also appropriate to have an agenda item at the annual meeting for motions to amend the various charters. After all the committees are acting for the members. When opportunities for amending motions are announced with much advanced notice, the proposed motions can be included in the notice of the annual meeting.

One of the imperatives is that committee members act in the interests of the association, not as advocates for their individual interests. Members can act in their own interests at members' meetings, but not as committee members in committee meetings. Committee meeting are part of the business of associations. Conflicts of interest should be disclosed. Objective criteria or standards for each committee's work is also important. Minutes of committee meetings should be promptly available to all members. That is just another way of keeping members informed, and giving them the opportunity to contribute.

I am interested in what requirements others believe should be included in the charters.

Don Nordeen
Governance of Property Owners Associations

WilliamT (Arizona)
Posts: 489

Posted:

Of primary importance for committees is to see that the non-board committee members are covered by D&O. So the insurance agent should be contacted to see what they require. Ours only say that we should maintain a list of the committee member names in our files, and they are automatically covered.

We will post our charters on the web site rather than to mail them out because with all the copies involved we're talking about close to $1000 to get copies and mail. Considering that 95% of the people will not read them, we feel it more prudent to post them on the web site. The ones who have signed up for the web site are the ones who are more than likely to be interested in the charters.

In my opinion, a charter should spell out the specific duties and responsibilities of the committee, and state the Bylaw authority for the committee, and whether it is an ad hoc, or Standing committee. Advance thought should be given to drafting the duties. That's what we did.

DwightT (Idaho)
Posts: 664

Posted:

Does anybody have some sample Committee Charters that they would care to share? We need to get some in place for our committees, in particular our Activities Committee since the HOA provides funds for some of their functions.

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