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adam

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  1. Thank you for your time and responses, the BoD will take a more hands-on approach to committee membership while we work on amending the bylaws to be more specific about our intent.
  2. The committee chairs report to the Vice President, who is one of five Officers and a member of the Board of Directors. The VP relays the committee reports to the BoD and the general membership during regular meetings of both: our Bylaws stipulate committee reports as an order of business in its Rules of Procedure, which apply to "regular meetings of the Association." (We take that to mean regular meetings of the membership and the BoD.) Our bylaws differentiate between Officers and Directors and we generally refer to the Officers as the Executive Committee, however that may be a misnomer as our Bylaws give the BoD "the right, power and authority to exercise all such powers and do all such acts and things as may be exercised or done by the Association" but do not have similar language pertaining specifically to the Officers. Officers have prescribed duties, however they are subject to the approval and/or direction of the BoD. In practice, the VP (and often a committee chair) will present committee reports to the BoD at its regular meetings. When the committee is recommending specific actions the BoD will vote on whether or not to follow the committee's recommendations, and then report as much to the general membership during its next regular meeting. Technically the general membership can move to reverse the BoD's decision, so the BoD doesn't often act until after the committee reports and recommendations have been accepted at the general membership meeting. As an organization we often struggle with the lengths to which the BoD should go without express approval of the general membership, despite the "right, power and authority" noted above. So if committees report to the VP, and the VP is an officer / member of the BoD, is the BoD the parent assembly of the committees?
  3. Thank you Josh, your comments are extremely helpful. In light of the fact that (without specific direction) committee members are appointed by the parent assembly, do the following sections of our Bylaws support the argument that either the executive committee or the BOD, rather than the general membership, is in charge of our committees? SECTION 3. VICE PRESIDENT: The Vice-President shall: B. Be an ex-officio member of all committees except the nominating committee. C. Maintain communication with all committee chairpersons, and assure that all committees are functioning and committee reports are presented when required. SECTION 4. REPORTS OF COMMITTEES: All committees shall act under the general directions of the Vice- President and unless otherwise directed, shall report to the Vice-President when called upon to do so, but any committee may make a special report at any time on their own motion.
  4. Our bylaws define several standing committees and state that the "Chairpersons shall be appointed or removed by the President" but nothing defining committee membership. Temporary committees are worded similarly: "The Association may have temporary committees for specific purposes, whose chairpersons shall be appointed by the President." Our bylaws require that committee meetings are posted in advance on our website, ostensibly to give general members an opportunity to attend, or, more typically, to contact the chair with questions and/or concerns. Traditionally, our president isn't making appointments as much as they are accepting a general member's offer: to my knowledge there has never been more than one person interested in chairing a particular committee, standing or temporary; instead, we regularly face a lack of volunteers and celebrate those who step up. The membership of committees largely follows suit with the chairperson accepting membership requests from whomever is interested in serving. (On occasion the membership of a temporary committee has been limited to a specific group of people, but always with the approval of the general membership.) Under these circumstances: 1. Can a standing committee chair refuse to accept a general member's offer to serve on the committee? 2. Can the president install or appoint members of a standing committee? 3. Can a general member appeal to the general membership in some way if their offer to serve on a standing committee has been denied by the committee chair? Thank you
  5. In regard to "Board members are, however, free to share the content of the minutes with others": Is it fair to assume "others" is limited to other members of the organization, or can "others" include people outside of the organization? For example, can a general member of an HOA share the board's minutes with a local elected official who is not a member of the HOA?
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