COMMITTEES: THE GOOD, THE BAD AND THE UGLY

COMMITTEES:  THE GOOD, THE BAD AND THE UGLY

by  Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Association committees can truly save the day, or they can become a nightmare.  A lot depends on whether or not clear guidelines are set from the start.  Too often things can get out of hand to the point where the tail begins to wag the dog.  In most cases, the role of the committee is to make recommendations to the Board, giving the Board the power to accept or reject those recommendations.  Only statutory, or empowered, committees (as defined either by Statute or by the Board) may take independent action.

What Is The Value Of A Committee?  Committees are an obvious extension of manpower and a potential breeding/training ground from which to fill board vacancies.  Their work can supplement that of the Board and management and help to keep costs down.

What Makes An Effective Committee?

• Clear Purpose.    Take time to define the mission.
• Right People.    Choose people who are qualified and assign a Board Liaison.
• Regular Schedule. Chair should set regular noticed meetings so owners may attend.
• Planning and Preparation. Treat committee meetings the same as board meetings.
• Recognition.    Publicly acknowledge committees and members for a job well done.

What are some important points to remember about committees? 

• Committees should be created by resolution, naming a chair or co-chairs, briefly outlining the type of committee being formed and offering a clear mission to be followed. Without guidelines, committee members may not understand the scope of their work and that theirs is an exploratory and advisory role.  Misunderstandings can then create conflict especially when it comes to issues such as committee expenses.  Funding for the committee should be addressed at the outset so that it does not become troublesome over tim
• Committees differ depending on their type, e.g.:
  • Statutory – A fining committee is defined as statutory because it has been specifically empowered by the Statutes to take final action on behalf of the Board. The Board may also create a statutory committee, such as a budget committee, by empowering it to act independently.
  • Advisory committees may be either standing (remaining in force year after year, e.g. landscaping and social) or ad hoc (Latin for “for this,” meaning they are task-oriented and cease to exist when the project ends, e.g. a pool upgrade or paint committee). Advisory committees may not take final action independently. They may only make recommendations to the Board.
  • Mandatory committees are those specifically named in the association’s governing documents.
• Ironically, the nominating committee (a misnomer) may not nominate anyone for election to the Board. The Florida Administrative Code (FAC) prohibits this. However, a search committee may be formed and made responsible for proposing qualified nominees.

 What do the Statutes Say About Committees?

The Florida Condominium Act (FCA), Section 718 of the  Statutes, defines the role of committees for condo associations.  The Statute refers to committees as a “group” of board members, unit owners, or board members and unit owners appointed by the board or a member of the board.  Statutory committees may contain both (or either) board members and non-board members.

The composition of non-statutory committees is not addressed in the condominium statute.

There are very specific rules about the establishment and composition of a “Fining Committee,” which is defined as a statutory committee because it has been specifically empowered by the Statutes to take final action on behalf of the Board.

The Florida Homeowners’ Association Act, Chapter 720 of the Florida Statutes, does not define what a committee is or its permissible composition.  However, it contains a similarly specific rule for a hearing before a committee (and who may serve on that committee) before a fine or suspension may be imposed on an accused violator.

What Is A Committee Meeting?

A “committee meeting” is a group gathered to discuss business as set forth in the Board resolution creating the Committee.  Outside experts may be included.

Does A Committee Meeting Have To Be Noticed?

The Sunshine laws apply to all statutory committees that are empowered to take action on behalf of the board. They require open meetings noticed 48 hours in advance.  If a committee is not empowered (i.e., advisory), and if the Association’s Bylaws specifically provide for an exception, then they do not have to have open meetings.  Thus, generally speaking, committee meetings should be noticed.  The only exceptions are for emergencies or for meetings with the association’s attorney regarding litigation or personnel matters (i.e., discussion of specific issues pertaining to employees of the association).

Are Minutes Of Committee Meetings Required?

Again, the Sunshine Laws only require that Minutes be taken by statutory committees.  However, it’s a good idea to keep a record of all committee meetings to identify who attended and what actions were taken by the group.  Minutes need not cover what was said, only what decisions were made. The minutes should never reflect attorney-client privileged information, but only who attended the meeting and proper documentation of any vote that was taken. New legislation requires that Minutes be kept permanently. They also must be made available to owners on request.