HOA Q&A: Can non unit owners serve on committees?
Editor's note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables, Boca Raton and Pensacola, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q. Our covenants committee wants to change our bylaws to allow non unit owners to serve on committees. But what are your thoughts about homeowners association employees serving on committees? --D.L., Bonita Springs
A: In a condominium under Chapter 718, and a cooperative under Chapter 719, a 'Committee' is defined as a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. So, a condominium or cooperative association cannot appoint a non-owner to an official committee. However, the committee could have a non-owner act as a consultant to the committee without any voting rights. Chapter 720 applicable to homeowner associations does not define the term 'committee' so there is no prohibition on appointing a non-owner to a committee. The Bylaws of the HOA might have such a restriction however. I do not see any particular reason that a non-owner or an employee should not serve on an 'advisory' committee that does not have any binding decision making authority. However, allowing a non-owner or employee to have committee voting authority would not be proper in my opinion.
HOA Q&A: When contract considered at board meeting, must a copy be attached to the notice?
HOA Q&A: Can I record and post HOA meetings online to benefit other community members?
Q. Is there a timeline somewhere in the statutes for the Secretary's meeting minutes to be distributed to the Board Members prior to the meetings? -- D.L., Palm Beach
A. No. The applicable statutes do not dictate when the minutes of the prior meeting are to be distributed to the Board. However, if the Board intends to vote to officially approve the minutes it would be reasonable to expect that copies would be distributed prior the upcoming meeting. The Board can adopt a policy regarding this.
Richard DeBoest, Esq., is Partner/Shareholder of the Law Firm Goede, DeBoest & Cross, PLLC. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Can non unit owners serve on committees?
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