Community Associations are run and governed by an elected body of board members aka the Board of Directors, who are tasked with an enormous job of managing all Association activities, maintenance, finances, and unforeseen issues that need addressing on an annual basis. Keep in mind, board members are volunteers putting forth their time to assist their community. As such, it is not uncommon to find board members overwhelmed with the work required to run an efficient and functional Association. Enter the Committee.
THE BASICS
Committees can be a useful tool, especially for Associations that have larger boards. Creating a committee with less than the entire board can provide easier and more attainable goals, such as more frequent meetings, deeper discussion, and focused expertise. An Association may create any number of committees that it deems necessary, but moderation is key to not overwhelming the system in place. This may look different for each Association based on size and needs. Similarly, an Association is not limited to any specific type of committee, however, the types of committees we frequently see in our practice include: 1. oversight committees created for regular and ongoing Association needs that are consistent on a yearly basis (i.e. enforcement, budget, audit); 2. task force and/or advisory committees created for a specific issue (i.e. maintenance/repair issue, special assessment); and 3. hearing board committee for due process and violations hearings.
Once a committee is approved and formed by the Board of Directors, the committee members should convene and establish a committee chair who will keep the committee organized, on task, and will ensure proper communication back to the Board of Directors.
THE VALUE
Committees can create a balance amongst the Board members by tasking them with certain areas of focus that need addressing based on their community association’s unique needs and based on an individual board member’s expertise. In some cases, committees may also be, or in some cases are required to be, comprised of both board members and non-board members, which can provide for further expertise and for additional ways for community members to become involved with their Association. After all, community engagement is the key to a successful Association.
The goal of a committee is to work as a cohesive unit with the Board of Directors of the Association. This allows the Board, as a whole, to have more time to focus on their broader tasks, to make educated decisions, and effectively govern the Association. Committees can also lessen the load that can otherwise strain all members of the Board of Directors.
THE CONFLICT
If not managed correctly, committees can be a breeding ground for conflicts of interest. Keep committees small, cohesive, and with a set purpose and all should run well. However, when the Board President is signing all Association documents, is chair of the enforcement committee, chair of the Hearing Board committee, and is signing all violation letters to members, you can be sure that the Association members are going to notice and take issue. Or, when the Board Secretary is on the maintenance committee and her unit gets new windows but few or no other units get the same, you can be sure that the Association members are going to notice and take issue.
Boards and committees can avoid the conflict and/or membership frustration by being as transparent as possible. The Board should make all committee decisions in an open forum, the committees should do the same, make records available to the membership, and allow for a variety of different board members (and Association members, if possible) to sit on committees and spread the tasks out so there is no appearance of any one person making decisions and benefitting from those decisions.
BOTTOM LINE
If done properly, committees can bring a positive and beneficial impact to an Association. Washington State statutes govern how and when a community association may organize committees. As such, it is imperative that you discuss this issue with an attorney prior to organizing a committee if you are otherwise unsure if your Association is allowed to do so.
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