Searcher Posted June 27, 2018 at 06:01 PM Report Share Posted June 27, 2018 at 06:01 PM (edited) Our HOA brd of directors(of which I'm one) recommends the re-activating of a past (several years) committee that is not nor never was listed and defined in our by-laws. I cannot find in our By-Laws specific verbiage stating the board has the "authorization for the formation of additional standing committees" as RROO says is required or an amendment is needed. Yet, under "Powers" our By-Laws read, "The Board of Directors shall have all powers over control and management of the Assoc. except such as shall be exercised by the members." 1. Must a member vote be taken if majority members do wish to form this new committee? 2. Will the By-Laws have to be amended to include the new standing committee. 3. Will the By-Laws have to be amended if the duties of this new committee are some of the duties under an existing committee (existing committee is in agreement w/ the change)? Edited June 27, 2018 at 06:16 PM by Searcher Quote Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 27, 2018 at 07:03 PM Report Share Posted June 27, 2018 at 07:03 PM (edited) 1 hour ago, Searcher said: Our HOA brd of directors(of which I'm one) recommends the re-activating of a past (several years) committee that is not nor never was listed and defined in our by-laws. I cannot find in our By-Laws specific verbiage stating the board has the "authorization for the formation of additional standing committees" as RROO says is required or an amendment is needed. Yet, under "Powers" our By-Laws read, "The Board of Directors shall have all powers over control and management of the Assoc. except such as shall be exercised by the members." 1. Must a member vote be taken if majority members do wish to form this new committee? 2. Will the By-Laws have to be amended to include the new standing committee. 3. Will the By-Laws have to be amended if the duties of this new committee are some of the duties under an existing committee (existing committee is in agreement w/ the change)? If the bylaws don't allow for additional standing committees, you'll need to amend the bylaws if you want to create additional standing committees. "If this article names certain standing committees, no other standing committees can be appointed without amending the bylaws, unless a provision is included . . . permitting the establishment of such other standing committees . . ." - RONR (11th ed.), p. 578, ll. 21-27 Edited June 27, 2018 at 07:04 PM by Tim Wynn Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted June 27, 2018 at 07:18 PM Report Share Posted June 27, 2018 at 07:18 PM It's very nice to have Mr. Wynn back! Quote Link to comment Share on other sites More sharing options...
Searcher Posted June 27, 2018 at 07:23 PM Author Report Share Posted June 27, 2018 at 07:23 PM Thank you Tim!. Additionally, two more questions: if this committee had been created as a special committee when it was formed 3-5 years ago and correctly voted upon by members, does a vote need to take place to reactivate it? Or does a committee retain its directive and no new action needed if the committee was never formally "closed" by the board and members? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted June 27, 2018 at 11:23 PM Report Share Posted June 27, 2018 at 11:23 PM Special committees "go out of existence as soon as they have completed a specified task". (p. 490, lines 6-7) so it would be difficult to argue that it still retains its directive. Once they have carried out that specified task, they automatically cease to exist. (p. 492, line 3-6). So no formal action to "close" was required. You mention in your first post that "duties of this new committee are some of the duties under an existing committee". RONR p. 492, lines 6-9 say that, "A special committee may not be appointed to perform a task that falls within the assigned function of an existing standing committee." Quote Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 28, 2018 at 02:02 AM Report Share Posted June 28, 2018 at 02:02 AM (edited) 6 hours ago, George Mervosh said: It's very nice to have Mr. Wynn back! Thanks, George. Turns out no prison can hold me (though the NP came close). 🙂 Edited June 28, 2018 at 02:05 AM by Tim Wynn Quote Link to comment Share on other sites More sharing options...
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