Committee Rules of Procedure

[RobertJ]

I'm looking for advice with regard to rules of procedure that would applicable to a committee created by a small Homeowners Association (HOA) Board of Directors.  The HOA's bylaws state that "Roberts Rules of Order (latest edition) shall govern the conduct of corporate proceedings when not in conflict with the Articles of Incorporation, these By-Laws, the Declaration or with the statutes of the State of California". 

 

Would it be permissible to allow a committee created by the HOA Board to decide on its own rules of procedure if the Committee's charter as voted by the HOA Board allowed it to do so, or would the Bylaws restrict the committee to operating strictly by Roberts Rules of Order (latest edition)?

 

Thank you for reading my post and for any and all responses.

[DrEntropy]

see RONR pg 500 for details on committee procedure. In particular note that in the ordinary case the rules are relaxed for small committees in some ways, so if that is your concern it should not be necessary to do anything at all.  However, if some special rules are required, then the parent body can specify these as instructions to the committee. (RONR pg 500 l.25 ff)

[RobertJ]

Thank you, DrEntropy, for your response.  Yes, I understand that RONR includes rules for how committees are supposed to operate and that in small Boards and committees that relaxed rules for small Boards and Committees may be used as specified in RONR, 11th ed., pp. 487-488.  My question is would it advisable or even permissible for an HOA Board subject to ByLaws as stated to allow a committee to hold its meetings per rules of procedure as decided by the Committee.  Actually, I'm not sure what rules they would use besides RONR.

[DrEntropy]

 My question is would it advisable or even permissible for an HOA Board subject to ByLaws as stated to allow a committee to hold its meetings per rules of procedure as decided by the Committee.  Actually, I'm not sure what rules they would use besides RONR.

 

Advisable? No.   Permissible? I would opine that the parent body could allow a committee to adopt it's own rules of procedure (as long as they don't conflict with the Bylaws / etc. )  

 

EDIT:By "adopt it's own rules" i am really thinking of things like limiting debate and things of that nature. I am not thinking of  them adopting "Joe's super awesome rules for meetings".  

[Guest RobertJ]

Thanks again, DrEntropy, for your response. I quite agree with you. However, there may be people on this committee including some Committee members who are also Board members who may want to use Joe's or Billy Bob's rules of order.

[Dan Honemann]

Thanks again, DrEntropy, for your response. I quite agree with you. However, there may be people on this committee including some Committee members who are also Board members who may want to use Joe's or Billy Bob's rules of order.

 

No one, I assume, thinks it isn't stupid for a board to allow its subordinate committee to use any rules of procedure it wants to use. However, you asked if it would be permissible for a board to do so. Well, sure, it can be as stupid as it wants to be in this regard.

[Guest RobertJ]

Thank you, Daniel, for your response. The Board will be voting in a couple days on a revised charter for a committee which includes the authority for the committee to decide on its own what rules of procedure to use. I agree with you that it's not a good idea but I may have to persuade others to vote likewise.

[Gary Novosielski]

If the organization as a whole has named RONR as its parliamentary authority, I fail to see how it can authorize the committee to adopt its own rules to an unlimited degree.  

 

The parent body is bound by RONR, and its own bylaws, state code, etc.  How can it delegate to a committee powers that it does not itself have, viz., the power to violate (or vitiate) the rules of the parent organization?

[Dan Honemann]

If the organization as a whole has named RONR as its parliamentary authority, I fail to see how it can authorize the committee to adopt its own rules to an unlimited degree.  

 

The parent body is bound by RONR, and its own bylaws, state code, etc.  How can it delegate to a committee powers that it does not itself have, viz., the power to violate (or vitiate) the rules of the parent organization?

 

I think what is said on pages 500-501 makes it clear that a committee may adopt its own rules to the extent that it is permitted to do so under instructions from its parent assembly.

[Gary Novosielski]

I think what is said on pages 500-501 makes it clear that a committee may adopt its own rules to the extent that it is permitted to do so under instructions from its parent assembly.

It does, but isn't it true that the motion to instruct the committee could not properly include instructions that would violate, say, the fundamental rights of members?

 

So you could instruct the committee to loosen or tighten rules, but you couldn't authorize voting by combat, or prohibit points of order, or the like.  Or could you?

[RobertJ]

Thank you, Daniel and Gary, for your responses.

I'm not making this up. Someone who knows or should know how HOA Board Committees are supposed to operate reviewed a charter for an existing committee and in their revision included that the committee would decide on its own rules of procedure. Now I don't think that the Committee Chairperson or any of the Committee members would be actually writing any new rules or procedures or decide on some other rules of procedure authority other than Robert's Rules of Order. What would probably happen is that they would just "wing it" and go with however the Committee Chairperson decided to run things. I don't know that this would lead to thedesired result for what the HOA Board expects of the Committee.