Creating And Setting Up The Ground Rules For The Community Association Committee

​Unfortunately, too many community association boards do not make the effort to effectively make use of the association's committees.  Committees are actually quite valuable, they can provide recommendations to the board and assist the board by carrying out duties and responsibilities.  Many associations will not take the time to even establish a committee or set parameters for their work in order for the committee to help them out with various operations.

​It is the responsibility of the association's board of directors to set up the committees.  They must appoint members for each committee during board meetings at which time the directors should offer instructions and set the guidelines for the overall responsibilities of the committees.
 
One of the best avenues for the board of directors should be taking advantage of their annual meetings to set up the committees, assign committee members, and set up what areas each one will be responsible for.  Each committee should have at least three members.
 
Board members can serve as a member on the different committees with the exception of the Rules Enforcement Committee.  Many associations will choose to have a board member on each committee along with two non-director volunteers.  This will give board members the ability to keep their fellow directors up-to-date on the committee's work and progression.
 
As just mentioned, the only committee that is required by law in a Florida community association is the Rules Enforcement Committee. This committee is often known as the fining, violation, or grievance committee.  This is because associations that want to levy fines and impose suspensions due to various violations must have this committee in place.  Under Florida law, this committee cannot have board members or their spouses or other relatives on this committee. This committee must have a level of independence from board members.
 
Various fines or suspensions can only be imposed after the association has given at least a 14-day written notice to the owner, occupant, licensee or invitee to be fined or suspended.  They must be given the opportunity for a hearing before the rules enforcement committee.  During this hearing, the committee should listen to and evaluate the alleged violator's side of the story that has led to a fine.
 
The hearing should be closed to all members except the alleged violator and the corresponding unit owner if the violator is a tenant.  At the end of the hearing, the committee members will vote on whether to confirm or reject the fine or suspension brought about by the board.  This outcome requires a majority vote in order to move ahead.
 
In regards to the other committees, the most common are the budget committee which helps the board by creating the annual budget, the architectural review committee that is in charge of reviewing any requests for construction, improvements, or alterations taking place on the association's property or in a particular unit or the exteriors.
 
Taking advantage of committees and making sure they are staffed with dedicated volunteers, the association can assist the progress of their operations while not putting too much on the board members with too many issues and responsibilities.
 
When setting up and establishing committees, the board of directors should be advised to consult with a qualified association legal counsel regarding the creation and setting forth the range of their responsibilities.