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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112774
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our HOA has handpicked the homeowners that make up the

Customer Question

Our HOA has handpicked the homeowners that make up the Fining Committee. The problem is that there were volunteers that were not included. In fact, they were not notified that the committee was being created at all. People volunteered to be on it if it was ever created and then they were not notified when it was created. Is this legal?
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What do your bylaws say about appointment of committees such as this one?
Customer: replied 3 months ago.
34;The board of directors shall appoint three committee members who shall not be officers directors or employees of the association the committee members also not be spells parent child brother or sister of an officer or director employed Association". No one is related to anyone. That's not the problem.
Customer: replied 3 months ago.
Can they appoint people despite the presence of volunteers?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
FL law allows HOA wide latitude in management of the HOA, which means they can act in accordance with their bylaws on this issue. Since the bylaws do not say they have to take volunteers or anyone specifically to appoint to the committee, the Board has the right to select whomever they choose for this committee, even if there are volunteers they did not select. So yes, they can appoint whoever they choose to this committee and that would not be illegal.
Customer: replied 3 months ago.
Is there a national precedent?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.Actually, in every state these HOA are allowed to operate pursuant to their own bylaws and covenants and as long as they follow their bylaw, the courts will not get involved as the state laws do not dictate this part of their operations. The state laws allow a Board of an HOA to act on behalf of the HOA in accordance with the terms of the bylaws. The standard for these HOA and Condo Associations is the board has power to appoint committees as they see fit in accordance with their bylaws.

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