29/3/2019 0 Comments
Setting up a committee is the responsibility of the association's board of directors. The board is responsible for appointing the members of each committee during their board meetings. So if committees have not been formed, what then? The directors are supposed to provide instructions and set the parameters for the scope of the committees' responsibilities.
The board of directors should take advantage of their annual meeting by establishing the various committees, appoint members, and establish the areas to be overseen by each one. Each committee should have at least three members.
Board members can serve as members on the committees with the exception of the rules enforcement committee. There are many associations who prefer to have a board member on each committee along with 2 non-director volunteers. This allows the board to keep their directors up to date on the committee's work and the progress taking place.
Under Florida law, the only committee that is required for community associations is the rules enforcement committee. This committee is often known as the fining, violation, or grievance committee. In order for associations to impose fines and suspension of use for violations must have this committee in place. Under Florida law, the rules of enforcement committee cannot have board members, spouses, or relatives of board members in place. This ensures it is completely independent of the board.
Keep in mind, fines or suspensions can only be imposed after the association gives at least a 14-day written notice to the owner, occupant, licensee, or invitee in order to suspend them and they must be given the opportunity for a hearing before the rules enforcement committee.
During these hearings, the committee must hear and evaluate the violator's side of the alleged charges before ruling and setting a fine. The hearing should be closed to all members except for the alleged violator or the unit owner if the violator is their tenant. At the conclusion of the hearing, the committee members must vote to either confirm or reject the fine or suspension set down by the board. It requires a majority vote to move forward in order to impose the fine or reject it.
The other committees that are usually in place are the budget committee and the architectural review committee. The budget committee helps the board by creating the annual budget and the architectural review committee is in charge of reviewing any request for construction, improvements, or alterations that will take place on association property or within a particular unit or exterior area of a lot.