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By-Law Question


Guest Richard Evans

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Guest Richard Evans

Our HOA has by-laws which are state mandated to follow Roberts Rules. There is no mention, provision or prohibition regarding the President having the ability to appoint a committee. The covenants are also silent on this. The President has appointed an Architectural Committee. Is this a valid appointment, a voidable appointment, or do the bylaws have to be modified?

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The president has only those powers granted by the governing documents or applicable law. If those are silent about the president's power to appoint committees, then he does not have that power, and his attempt to do so is null and void. The HOA may reatify the action if it chooses, but is under no obligation to do so.

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