CAI Link: https://exchange.caionline.org/discussion/disciplinary-committee
1. Disciplinary CommitteePosted by Melissa 07-02-2024 06:45 PMWe have a Disciplinary Committee in accordance with our By-Laws that handles Hearings requested by a Homeowner to get rid of their citation or fine. Our By-Laws state that there needs to be at least one Board Member on that committee but we have been running the Committee with the Board as a whole. What do you think is best practice? What does your Association do? Oh...and also... I have two rogue Board Members and one of them is claiming that the "community" wants a separate committee. I believe what he really means is that the 6 people who are the core group organizing the movement to have me removed and abolish the HOA want to be on the committee so they can get rid of all of the fines, citations, rules, and regulations...just saying.
2. RE: Disciplinary CommitteePosted by Jim 07-02-2024 06:50 PMMelissa, have you tried getting owners involved in your disciplinary committee according to your bylaws? If your bylaws state that the committee must have at least 1 board member, then you are not doing anything wrong according to your documents.How many homes and how many board members do you have?
3. RE: Disciplinary CommitteePosted by Melissa 07-02-2024 07:39 PMWe have about 1200 some odd homes and a 9 member Board. From what I understand, years back, we used to have a few volunteers from the community but they didn't make decisions based on our deed restrictions or our rules and regulations...they were willy nilly...
4. RE: Disciplinary CommitteePosted by Jim 07-02-2024 08:48 PMMelissa, with that many homes and that large of a board, I really don't think you have too much to worry about with those two board members getting very far abolishing the HOA, getting rid of you, getting rid of rules, etc. Stand tall and firm against them, be reasonable, and always follow your governing documents and state statutes to the T. Your proper actions will be a shield that can always protect you with the majority of the reasonable owners.
5. RE: Disciplinary Committee Posted by Jeanette 07-03-2024 09:36 AMMelissa, In Florida, we have a fine committee, by statute, that must NOT consist of any Board members OR their family or anyone in their household. The Board votes to fine someone for violations and then we must have a hearing, no less than 14 days after the Board voted to fine. The Committee can either uphold the fine or not. This prevents Boards from being petty or taking revenge or picking on someone. The "objective" fine committee members, who are impartial then decide.
6. RE: Disciplinary CommitteePosted by Marshal 07-03-2024 09:46 AMMelissa: In PA, we follow the Bylaws. Since your community predates the Uniform Planned Community Act, only some statutory provisions apply to you. I agree with the others that having at least one board member on the committee should be fine, since that's what your governing documents require. A committee of only the board should be fine, and the "best practice" in my mind is to expand the committee to have other volunteers. They may become your board members in the future.
As for your detractors, unless your documents require a different percentage, the UPCA requires a vote of 80% of the owners to dissolve the association. Getting 80% of 1200 will be quite the task. If they actually succeed, perhaps it's time to disband.
1. Disciplinary CommitteePosted by Melissa 07-02-2024 06:45 PMWe have a Disciplinary Committee in accordance with our By-Laws that handles Hearings requested by a Homeowner to get rid of their citation or fine. Our By-Laws state that there needs to be at least one Board Member on that committee but we have been running the Committee with the Board as a whole. What do you think is best practice? What does your Association do? Oh...and also... I have two rogue Board Members and one of them is claiming that the "community" wants a separate committee. I believe what he really means is that the 6 people who are the core group organizing the movement to have me removed and abolish the HOA want to be on the committee so they can get rid of all of the fines, citations, rules, and regulations...just saying.
2. RE: Disciplinary CommitteePosted by Jim 07-02-2024 06:50 PMMelissa, have you tried getting owners involved in your disciplinary committee according to your bylaws? If your bylaws state that the committee must have at least 1 board member, then you are not doing anything wrong according to your documents.How many homes and how many board members do you have?
3. RE: Disciplinary CommitteePosted by Melissa 07-02-2024 07:39 PMWe have about 1200 some odd homes and a 9 member Board. From what I understand, years back, we used to have a few volunteers from the community but they didn't make decisions based on our deed restrictions or our rules and regulations...they were willy nilly...
4. RE: Disciplinary CommitteePosted by Jim 07-02-2024 08:48 PMMelissa, with that many homes and that large of a board, I really don't think you have too much to worry about with those two board members getting very far abolishing the HOA, getting rid of you, getting rid of rules, etc. Stand tall and firm against them, be reasonable, and always follow your governing documents and state statutes to the T. Your proper actions will be a shield that can always protect you with the majority of the reasonable owners.
5. RE: Disciplinary Committee Posted by Jeanette 07-03-2024 09:36 AMMelissa, In Florida, we have a fine committee, by statute, that must NOT consist of any Board members OR their family or anyone in their household. The Board votes to fine someone for violations and then we must have a hearing, no less than 14 days after the Board voted to fine. The Committee can either uphold the fine or not. This prevents Boards from being petty or taking revenge or picking on someone. The "objective" fine committee members, who are impartial then decide.
6. RE: Disciplinary CommitteePosted by Marshal 07-03-2024 09:46 AMMelissa: In PA, we follow the Bylaws. Since your community predates the Uniform Planned Community Act, only some statutory provisions apply to you. I agree with the others that having at least one board member on the committee should be fine, since that's what your governing documents require. A committee of only the board should be fine, and the "best practice" in my mind is to expand the committee to have other volunteers. They may become your board members in the future.
As for your detractors, unless your documents require a different percentage, the UPCA requires a vote of 80% of the owners to dissolve the association. Getting 80% of 1200 will be quite the task. If they actually succeed, perhaps it's time to disband.