Academy/Committees & Volunteers
Committee authority
What a committee can actually decide, and what it can only recommend
A committee has no authority of its own. It holds only what the board, the declaration, or the bylaws specifically gave it, and it can lose that authority any time the board changes its mind. Most committees can only recommend; the board must still vote before a recommendation becomes association policy.
Authority comes from the top down, not from the committee itself
A committee is not a mini board. It exists, and can act, only because something above it created it and said so. Check authority in order: first, any state statute that speaks to this specific committee; then your declaration or CC&Rs, which is usually where standing committees like architectural review get their power; then your bylaws, which typically say who appoints committees and members; then a board resolution or committee charter, which fills in the mission and scope the bylaws leave open. Nothing lower in that list can override something set higher. A charter cannot grant power the bylaws withhold, and a committee cannot grant itself power the charter never mentioned.
"The subordinate body cannot modify any action taken by its superior."
Source: Robert's Rules of Order Revised, Article IX, "Committees and Boards"
Two kinds of authority: recommend, or decide
Every committee falls into one of two buckets. An advisory committee, which covers most of them, only gives the board information and a recommendation; the board still has to act on it. A decision-making committee is one the board has specifically handed its own authority to, like an executive committee made up of directors, or an architectural review committee empowered to approve or deny applications outright. The default, unless your governing documents say otherwise, is advisory. See advisory versus decision-making committees for how to tell which one yours is.
"Committees research and recommend. The board reviews and decides."
Source: Josh Hurst, "How to Build Effective HOA Committees That Strengthen Your Community", Kuester Management Group
The board can take it back
Committees typically serve at the pleasure of the board: the same vote that created a committee can restructure it, reassign its members, or dissolve it outright, without a for-cause hearing. Whether your bylaws or a committee's own charter require a different process, such as notice or a vote threshold, varies. Check both before assuming the default applies. The same logic runs the other direction, too. A committee that wants power it was never given cannot vote itself into having it. Its only real move is to bring the idea back to the board that created it and ask.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
The architectural committee decides landscaping should fall under its review too, though its charter only covers structures. What should it do?
The finance committee votes four to one to recommend a new landscaping vendor. Is that decision final?
A new committee chair wants to know exactly what her committee is allowed to decide. Which document should she check first?
Sources
- Robert's Rules of Order Revised, Article IX, "Committees and Boards"
- Stephen T. Brindle, Esq., "Creating Committees", HOA Law Blog, SwedelsonGottlieb
- Josh Hurst, "How to Build Effective HOA Committees That Strengthen Your Community", Kuester Management Group
Committees & Volunteers
Next up: learn exactly where the line sits between an advisory committee and one the board has handed real decision-making power.
Whether a specific committee, such as architectural review, holds decision-making authority instead of advisory power depends entirely on what your declaration and bylaws say, and some states classify certain committees as decision-making by statute. Check both before assuming yours is only advisory.