Process of Forming a Committee in a Condominium Association
What is the normal process for forming a committee in a Condo Association? Is there anything in the ARS that address this?
I would think that it would be the following process:
1. See the need
2. Put notice in a meeting agenda that the board is forming … committee and ask for volunteers
3. The board votes to establish the committee at the open meeting
4. The board gives the committee their job description
Our C, C, and Rs state 9E. “A majority vote of the managers shall entitle said Board to carry out actions on behalf of the owners of the units.”
Our by-laws state1.03 DUTIES OF CHAIRPERSON- The chairperson shall preside at all meetings. He/She shall appoint needed committees, the committee chairperson and shall serve as an advisor to such committees.”
Our chairperson put on the agenda for today’s board meeting: Introduction of Budget committee members. The chairperson was immediately asked when did the board vote in an open meeting to form the Budget Committee? When was a notice put out to the community requesting volunteers for the Budget Committee?
After the chairperson cited 1.03 DUTIES OF CHAIRPERSON- The chairperson shall preside at all meetings. He/She shall appoint needed committees, the committee chairperson and shall serve as an advisor to such committees.” The chairperson then stated, “I have the prerogative to choose who serves on the committees. Case closed. We are moving on.”
Based on the C, C and R stated and the By-law stated, are the chairperson’s actions warranted and correct? Should the establishment of the Budget Committee have taken place in an open meeting long before the announcement of who the members were solely by the choosing of the chairperson?
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Lisam,
I believe that I responded to you earlier on this issue but you are correct that the board has the power to establish any committee that they want but that is a boars decision and not the decision of the board president. Once the board vote to establish a committee your bylaws allow the board president to select the committee chairman and members.
Dennis
I sent you 2 ADRE complaints to review. In the one complaint I mentioned the following: 2. Contrary to the provisions of [A.R.S. 33-1248 (A)(D)(E) and (F)] relative to actions of the board being done in an open meeting with a notice and agenda provided and allowing members to speak before the board takes formal action, and contrary to the Tara Condominium Association C,C, and Rs point 9.E. “A majority vote of the Managers shall entitle said Board to carry out action on behalf of the owners of the units.”: On 2-1-24, Mark Gottmann, sent an email to Lisa Marx stating, “You are not part of a landscaping committee as that committee does not exist.” Mark unilaterally removed Lisa Marx from the Landscaping Committee that she had led the prior three years and whose position on the committee she declared that she still wanted to be a participant of regardless of being a board member or not. He also dissolved the Landscaping Committee that was seeking new members as of the January 20, 2024 Board meeting. Renee Snow is documented in the meeting minutes as volunteering to be on the Landscaping Committee. This action took place without a meeting and no documentation of the action was put in the February board meeting agenda or meeting minutes. Homeowners were not afforded the opportunity to address the issue before the board took formal action. There isn’t any documentation that there was a board vote. No emergency was declared.
The issue at hand in the ADRE complaint is in that while the chairperson unilaterally dissolved the landscaping committee in February, he has conducted all kinds of landscaping committee duties on the property with people he is handpicking. There wasn’t any notice that these projects would be done that allowed other members of the community to participate. There wasn’t any mention of these activities in an open meeting. The numerous violations of the open meeting law are in my case.
The issues in this current posting is in regards to a Budget Committee announcement of members at an open meeting this past Saturday. There wasn’t anything done in a open meeting that established the Budget Committee by a vote of the board. The chairperson recruited people of his choosing for the Budget Committee at a BBQ of select members of the community that they wanted in attendance at the BBQ. It was not open to the whole community.
I do not see much of anything in the ARS regarding committees except in 33-1248 regarding committee meetings. My question is more in regards to how association members are allowed to become a part of a committee especially when there isn’t anything in the law or governing documents that specifically addresses the process?
I disagree with the reply that you gave where you state, “Once the board vote to establish a committee your bylaws allow the board president to select the committee chairman and members.” The Bylaw does not state anything about committee “members”. I believe the, “He/She shall appoint needed committees,” is in reference to creating the committee, but the wording is contradictory in the By-Law to what was stated in the C, C, and Rs which states, “A majority vote of the managers shall entitle said Board to carry out actions on behalf of the owners of the units.”
In light of those points and that ARS 33-1243 states:
“A. Except as provided in the declaration, the bylaws, subsection B of this section or other provisions of this chapter, the board of directors may act in all instances on behalf of the association.
B. The board of directors shall not act on behalf of the association to amend the declaration, terminate the condominium, elect members of the board of directors or determine the qualifications, powers and duties or terms of office of board of directors members. Except as provided in subsection H of this section, the board of directors may fill vacancies in its membership for the unexpired portion of any term,”
if a board of directors is not allowed to determine the qualifications of a board member, why would they be able to determine the qualifications of a committee member solely on the choice of the chairperson?
1:08 of our By-laws states “ADMINISTRATION OF REGULATIONS- It shall be the duty of the Board of Management to impartially administer the regulations governing the use and occupancy of the units.
How is the board of management being impartial in selecting committee members when the chairperson handpicks the members at a BBQ? Three of the members of the committee included the chairperson and 2 other board members. The 1:03 bylaw states the chairperson shall serve as an advisor to such committees. Shouldn’t the chairperson have had a notice sent to the community asking for volunteers for the Budget Committee after the board voted to establish the Budget Committee in an open meeting?
Is there anything in the ARS that states a board must act impartially? We all pay our dues in an association, therefore we should all have the right to serve on a committee without the requirement of being on the chairperson’s “preference list for people who can participate in association activities”. As it is now, the chairperson is running a dictatorship, an absolute abuse of power. He stacks the deck on committees with people who will obey his plans. He is not allowing for the sharing of ideas and viewpoints different from his. He is picking people he can manipulate.
Lisam,
You are absolutely entitled to your opinion. While I try and answer any question posted to me as best I can they are my assessments of the situation and the best advice I can give you. You are absolutely free to file those petitions but you will be throwing away $1000 of you money because you have no proof of anything. The burden of proof lies with the petitioner and all you have is conjecture and circumstantial assessments. The ALJ can only rule on direct violations of law and the governing documents not your interpretation of those standards.
Dennis
I am going to send you the 18 minute audio of the Saturday meeting to your email. You can hear from it how the chairperson is running roughshod over the members of the community and the board member appearing via speaker phone. The meeting is very contentious because of the way that the chair person is dictating.