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Subject:  Committees
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Author Messages
MichaelS2
(Texas)

Posts:1


11/24/2005 6:50 AM  



I live in Texas and have been reading the By-Laws for the Condo Complex I live in. Recently our HOA President was forced to resign. It turns out that the sold his unit last year so he is not listed on the deed. He still lives in the community.

The board has become political as former board members who were unhappy with the President forced him out by reveling that the unit was sold. We have just elected a new President but many of the current board members were outraged at how this process happened.

Some of the current board members feel that loss of the past President creates a huge void as he was very familiar with the complex. These board members would like to form a special “Ad Hoc” committee so that the board could delegate some of the responsibilities to the past President because of his knowledge.

I have read our By-Laws over and over but I fail to see wording that requires that committee members be co-owners/homeowners. Keep in mind we have a paid professional property management company but there is a push to keep him involved. I fear delegating power to a non-homeowner is dangerous.

Has anyone had a similar experience? I see few restrictions as to committees, regarding who can serve on them, how many members etc. Since By-Laws are written for the benefit of owners does that imply that committees also need to be made up of owners?

I welcome any ideas and comments.
RogerB
(Colorado)

Posts:5067


11/24/2005 9:31 AM  
If the Board wants to appoint the ex-president and he/she wants to serve it can be accomplished. They can be appointed to a committee if it is not restricted to members. Otherwise they can be hired as an indepentant contractor (consultant). In either case make sure they are indemnified. I would look at this as similar to a managing agent who is not a member and yet has a major impact.

Go for it Michael! Good help is hard to find; particularly if they volunteer or can be "hired" at little or no cost.

Roger
MargeyM
(Texas)

Posts:1


12/06/2005 10:22 AM  
Remember that the board cannot delegate responsibility to anyone or any committee other than that which is specified in the governing documents. The board is ultimately responsible for everything that happens with regard to the community association.

Margey
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