"POOL" OF MEMBERS FOR A COMMITTEE

[Guest Arthur541]

Does Robert's allow for a "pool" of members to be picked for a committee.    My HOA board voted to assign 6 people to a "pool" for a fining committee of 3 owners.   Then they voted to allow the property manager to pick 3 owners from this "pool" of 6 owners for a fining hearing.   Nothing I see in our bylaws has anything that I think allows a "pooL"  of owners.   Seems to me you are either a member of a committee, or you are not.  There should be no "pool" of owners that the property manager or the board picks from to sit at a hearing.   

[Josh Martin]

On 12/22/2023 at 7:20 AM, Guest Arthur541 said:

Does Robert's allow for a "pool" of members to be picked for a committee. 

No.

On 12/22/2023 at 7:20 AM, Guest Arthur541 said:

Seems to me you are either a member of a committee, or you are not.

Correct.

However, what do your bylaws say concerning this committee, and what do they say regarding the appointment of committees generally?

[Guest Arthur541]

Josh  Martin   Here is what the bylaws have about committees:   

"Committees.  The Board may, by resolution duly adopted, appoint committees.  Any committee shall have and may exercise such powers, duties, and functions as may be determined by the Board from time to time, which may include any powers which may be exercised by a committee.  If required by law, the notice requirements of Section 3.7 shall apply to the meetings of any such committee. "

[Drake Savory]

On 12/22/2023 at 7:29 AM, Guest Arthur541 said:

"Committees.  The Board may, by resolution duly adopted, appoint committees.

I'd say right here is your answer.  The Board appoints the committee, not the property manager.

[Guest ParliamentarianMom52]

@Guest Arthur541:  I'm curious what your bylaws say are the duties of the property manager. In this case, it appears that the HOA board isn't forming a true "committee" as much as selecting a group of nominees and empowering the property manager to elect which three will be part of the fining committee. IMHO, this is delegating to the property manager a power that should be reserved by the governing body, especially because the power to fine HOA members is a significant disciplinary power. At a minimum the Board must have a vote confirming the members of the committee after the property manager has chosen the members. Among the five methods in RONR for appointing a committee, such as appointment by the Chair, there is a general principle that the governing body needs to confirm such appointments. This way, the Board members can't shirk responsibility for poor actions by this fining committee. (See RONR 50:13)

Another question - Will this fining committee be a standing committee or an ad hoc committee? If it's going to be an ongoing committee with disciplinary powers - in other words, doing a work that otherwise would have been reserved to the board - then it most definitely should be included in the bylaws first.

[Josh Martin]

On 12/22/2023 at 8:29 AM, Guest Arthur541 said:

"Committees.  The Board may, by resolution duly adopted, appoint committees.  Any committee shall have and may exercise such powers, duties, and functions as may be determined by the Board from time to time, which may include any powers which may be exercised by a committee.  If required by law, the notice requirements of Section 3.7 shall apply to the meetings of any such committee. "

Thank you. Based on these additional facts, it seems clear to me that the system the board has proposed is not permissible under the organization's rules.

I will say that this manner of appointing a "panel" of members is a common strategy used by organizations in certain cases, and cases involving grievances, appeals, and so forth certainly are common subject matters for such strategies. My response is not intended to weigh in on the merits of such a strategy. It is simply that, at the present time, the organization's rules do not appear to authorize such a thing. If the organization wishes to amend its rules to authorize such a strategy, it is free to do so.

Unless and until those rules are amended, however, it would seem to me that all members of the fining committee are authorized to attend and participate in all meetings and hearings of the committee.

Edited December 22, 2023 at 03:33 PM by Josh Martin

[Atul Kapur]

In this thread with the same question, I did outline a process which could achieve the similar result. As noted, it may still require a change to the bylaws.

[Gary Novosielski]

On 12/22/2023 at 11:35 AM, Atul Kapur said:

In this thread with the same question, I did outline a process which could achieve the similar result. As noted, it may still require a change to the bylaws.

I did have a strong sense of déjà vu on reading this one.  Perhaps GuestArthur541 is hoping for a different answer.  

[Guest Arthur541]

Some excellent comments.  Thank you.   It seems there is some agreement against a "pool" and that the board should assign the committee members for the hearing, not the property manager.   For Guest Parliamentarian, I see nothing in the bylaws or the Florida Statute, 720.035, to tell me if it is adhoc or standing.    I do not normally bring up statutes or covenants in this forum, but our "covenants"  has:

Covenants    "The party against whom the fine is sought to be levied shall be afforded an opportunity for hearing before a committee of at least three members appointed by the Board of Directors who are not officers, directors, or employees of the Association or the spouse, child, brother, or sister of an officer, director or employee; after reasonable notice of not less than fourteen (14) days, and the notice shall include: " 

It does not say either adhoc or standing committee here.   Anyone else?  

[Atul Kapur]

The covenants are superior to your bylaws. It appears fairly clear from the language here that appointment of this committee is a duty of the board, but you should obtain a legal opinion, from someone with experience in your jurisdiction's HOA law, on whether the pool arrangement is allowed under this language.