HOAleader.com - Tip of the Week - March 23, 2018
Published: Fri, 03/23/18
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HOA Committee Chair Flat Out Refuses to Step Down. Wait, What???
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What else would you expect of a rogue committee chair when you ask that person to step down? Of course that person will go rogue, right?
Here's what we're talking about. In this week's tip, we answer an HOAleader.com reader's question essentially stating that an architectural control committee chair violated the HOA's rules, was asked to step aside, and said he wouldn't, that the president didn't have the authority to demand he do so, and that the president shouldn't have even been serving on the ACC himself.
Who's right here?
Generally, board members are permitted to serve on committees unless there's some specific legal or document-based prohibition.
When asked if there's some reason board members couldn't serve on committees in California, Alex Noland, CCAL, founder of Noland Law in San Francisco, which represents about 100 community associations throughout California, confirmed that's the case in his state.
"Not that I'm aware of, and in fact, most bylaws I've seen—and I've seen hundreds and hundreds of them—allow board members to serve on committees," he explains. "If the law said you couldn't do that or your bylaws said you couldn't do that, then it wouldn't be permitted. But at least in California, board members can serve on committees."
That's also true in Florida, and Brad van Rooyen, a partner at Home Encounter, a Tampa, Fla., company that manages community associations, actually handled a situation similar to our reader's recently.
"I had this happen six months ago in one of our communities," he recalls. "We had a community that really has no common elements. The open spaces and park are all handled by the community development district. All the association exists for now is covenant and architectural compliance.
"But the ACC was running in complete opposition to what the board was trying to do in the community," explains van Rooyen. "The board voted that the board would become the ACC. In Florida, the board can be on the ACC. So the ACC members were thanked for their service, and the board took the committee under their wing and is running with a much more efficient and in a less controversial way."
That only makes sense, asserts Christopher J. Shields, a partner at Pavese Law Firm in Ft. Myers, Fla., who's represented associations for decades. Find out why, plus more about the many issues this reader's question raises, in our new article: https://www.hoaleader.com/members/3697.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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The Good & Bad of Social Media for HOAs:
How to Use Social Media Effectively in Your HOA -- and Protect Your Association and Board
Keeping your owners informed and involved in your condo or HOA is so much easier today with social media sites like Facebook, Instagram, and Twitter. However, those sites can also be hotbeds of anger and misinformation. What's a wise HOA board to do?
If you missed yesterday's webinar on social media best practices for HOAs and condos, you missed a great session. And you missed out on the opportunity to download our speakers' Social Media Policy Checklist -- a free bonus for attendees! Don't worry, you can still get all the great info and the Policy Checklist when you order access to the on-demand webinar for you and your entire board.
Click here to read full article:
https://www.hoaleader.com/products/social-media-hoa-webinar-b.cfm
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How to Undo This Mess, or Who Can Remove an HOA Committee Chair?
An HOAleader.com reader asks, I've been the president of our board of directors for one year now, and I've served on the architectural control committee for 2.5 years. Our bylaws state that the president will designate the committee chairperson, so I appointed a newly elected director as the ACC chairman but remained on the committee to provide experience and continuity.
Click here to read full article:
https://www.hoaleader.com/members/How-Undo-This-Mess-or-Who-Can-Remove-HOA-Committee-Chair.cfm
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HOA Boards Can Upend their Predecessors' Decisions. Usually. And It Might Not Be Smart
We're answering another reader's question in this week's tip. Here's the short version: An HOAleader.com reader asks if a board can undo permission that was granted to him by a prior board.
Click here to read full article:
https://www.hoaleader.com/public/HOA-Boards-Can-Upend-their-Predecessors-Decisions-Usually-It-Might-Not-Be-Smart.cfm
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When You Can and Can't Undo a Prior HOA Board's Action
An HOAleader.com reader asks: I was approved to make changes/improvements to my lot by the architectural control committee and then the board in 2014. I'm a shareholder.
Click here to read full article:
https://www.hoaleader.com/members/When-You-Can-Cant-Undo-Prior-HOA-Boards-Action.cfm
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You Should Totally Hold an HOA Town Hall! Wait, What's a Town Hall?
Did you know there's actually a difference between an owners' meeting and a town hall? Here, we explain the differences and offer tips for when you might want to host a town hall.
Click here to read full article:
https://www.hoaleader.com/members/You-Should-Totally-Hold-HOA-Town-Hall-Wait-Whats-Town-Hall.cfm
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