Committees

COMMITTEES

Margaret Mead may not have been referring to committees appointed by a community association’s board of directors when she said “Never doubt that a small group of thoughtful, committed citizens can change the world.  Indeed, it is the only thing that ever has,” but she still would have been correct.  Alright, maybe committees won’t change the world, but if properly organized and managed, they can have a significant impact on the way that their communities operate.

Boards of Directors are authorized to form committees to perform functions that either the board can not perform itself, or which it may not have the expertise to perform.  No different than a board seeking counsel from its attorney or accountant, a landscaping or architectural review committee made up of people with experience in those fields can provide the board with invaluable advice and recommendations for projects and requests.

While some committees are required by statute, such as a committee formed to hear violations and recommend fines to the board, others, such as social committees, may be established (or terminated) at the discretion of the board.  However, whether mandatory or discretionary, committees have certain characteristics that boards must be aware of when deciding whether or not to form them, and if so, what their powers should be.

As noted above, committees may be either mandatory or discretionary.  If mandatory, such as in the case of committees formed to hear violations and recommend fines to the board, the board must be sure to follow all statutory requirements.  For example, violations committee meetings must be, among other things, noticed at least fourteen days in advance.  Additionally, condominium committees formed to take final action on behalf of the board, or to make budget recommendations, must notice their meetings just as if they were board meetings (and meetings of committees not formed to take final action or to make budget recommendations must also be properly noticed, unless exempted in the association’s by-laws).

If the committee is discretionary, such as one formed to investigate a particular project, the job of the committee should be specifically described.  For example, if the committee is being formed for the purpose of recommending contractors to renovate the community entryway feature, the committee should be provided with the specifications for the entryway feature and advised whether or not it has the authority to hire the contractor, or whether its authority is limited to making recommendations to the board.  If a committee is being formed to perform work on the property, it is important to check with the Association’s insurance agent to make sure that there is coverage in the event of an injury to person or property.

The key to a successful committee is open and honest communication between the board and the committee.  The committees’ duties should always be spelled out clearly in a board resolution, adopted at a duly convened and noticed board meeting.  This way, there will be no confusion either from the board or the committee about what functions the committee is designed to serve.  And then, and only then, can a committee begin to change the world in which it operates.