How to Set Up and Run HOA Committees

To set up HOA committees that work, the board should give each one a specific job in writing, name a chair, set a deadline and a budget, and say how the committee reports back. Most committees advise and the board decides. However much the board delegates, it stays responsible for the result.

Committees are made up of volunteers from the community, and they can be a real help to a board. In well-run associations, larger questions are researched and refined by a committee first, and the board then reviews the recommendation and takes the formal action. The board hears more of what owners think, and the owners who serve get a closer look at how the association works and a stronger connection to it. A committee is also a good training ground for future directors.

Why and When to Set Up HOA Committees

Before you create a committee, be clear about why you need it and what you want it to produce. Committees formed for the wrong reasons create new problems for the board and frustrate the volunteers who serve on them.

Be Specific About the Job

The surest way to make a committee fail is to leave out the specifics. Even a standing committee named in your governing documents will not function if nobody has told its members what their role is, what standards apply or what the board expects from them. Nearly every association has an architectural committee, for example, but without clear written guidelines even that familiar job produces inconsistent decisions.

One way to avoid confusion is to create a committee for a single project and state the assignment precisely. “Report on the feasibility and cost of replacing the composition roofs with tile” is a workable assignment. “Study roofing materials” is not.

Do Not Use a Committee to Make a Problem Go Away

It happens often. An owner raises the same issue at meeting after meeting, and the board finally tells that person to form a committee about it. That gets the owner off the agenda for a while, but it is not a solution. A committee created to quiet someone has no real assignment, and it tends to come back with a recommendation the board never wanted and now has to turn down in public.

If the issue deserves study, set the committee up properly, with a defined task and members beyond the one owner who cares most. If it does not, say so and explain why.

Remember Who Is Responsible

Whoever chairs the committee, the board answers for the outcome. That is true even when a committee has been given the authority to make decisions. The board is the body the owners will question, and the body that will be held legally responsible. Keep that in mind when you decide whether to create a committee and how much authority to give it. Our article on an HOA board member’s responsibilities explains why delegating a task does not delegate the duty.

Find the Right Volunteers

Once you know what the committee is for, look for people who fit it. An owner who is an accountant is a natural choice for the finance committee, and a retired contractor for a roofing project. To get people to say yes, ask them personally and follow up. A specific request, such as “we need three people for four months to compare playground equipment bids,” is far more persuasive than a general call for volunteers.

Set HOA Committees Up for Success

Every committee needs a basic structure. The board usually appoints the chair, although some boards let the committee members choose one at their first meeting. The committee should also have someone to take notes. Larger committees sometimes add a timekeeper.

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The chair has the most to do. The chair helps the members get to know one another, prepares an agenda and sends it out ahead of each meeting, runs the meetings and sets the ground rules, and reports to the board on what the committee is doing. The chair also brings the board’s direction back to the committee.

The best tool for getting a committee started is a written charter, adopted by the board, that covers the following:

• Purpose and authority. State what the committee is for and what it may do. Is it making a recommendation, or deciding? Is it expected to solve a problem or to lay out the options? If it is recommending, say what the recommendation has to include, such as cost estimates, comparable bids, and pros and cons.
• Membership and chair. Say how many members the committee has, who appoints them, who the chair is, and which director serves as the board’s contact.
• Timeframe. State whether this is a standing committee or one that dissolves when its task is finished. A project committee should have a due date. A committee that knows it will meet for twelve weeks works differently from one with no end in sight.
• Budget. If the committee needs money, say how much is available and who approves spending. Plan committees before the budget is adopted where you can, so that the funds are already there.
• Reporting. Say how and how often the committee reports to the board: a written report before each board meeting, a final report with a recommendation, or both. A committee that makes decisions should keep minutes.

Common HOA Committees

Some committees exist in most associations, and others are created for a particular need. The most common are:

• Architectural committee. Reviews owners’ requests to change the exterior of their homes against the standards in the governing documents. See how owners propose changes to their property for the process from the owner’s side.
• Finance or budget committee. Helps the treasurer review the financial reports, draft the annual budget, and look at reserves and investments. Larger associations sometimes split these into subcommittees. Our article on planning your HOA budget covers the budget work.
• Landscape and maintenance committee. Walks the property, tracks the condition of the grounds and common facilities, and recommends projects and priorities.
• Social committee. Plans community events and often welcomes new residents. For ideas, see HOAs and festivities.
• Communications committee. Produces the newsletter and keeps the association’s website and social media accounts current. Some associations have a separate social media committee.

In California

California law draws a line between committees that exercise the board’s authority and committees that advise.

• Committees with board authority. Under Corporations Code section 7212, the board may create a committee that exercises the authority of the board only by a resolution adopted by a majority of the directors then in office. That kind of committee has to consist of two or more directors, and no one who is not a director may serve on it. Even then, some powers cannot be delegated, including filling vacancies on the board, amending the bylaws and appointing other board committees. The board may create other committees that include owners who are not directors, but those committees do not have the authority of the board.
• The board keeps ultimate responsibility. Corporations Code section 7210 allows the board to delegate management of the association’s activities to a committee, but the association’s affairs must still be managed under the ultimate direction of the board.
• Open meetings. The Common Interest Development Open Meeting Act, Civil Code sections 4900 to 4955, applies to board meetings. Civil Code section 4090 defines a board meeting as a gathering of enough directors to establish a quorum of the board to hear, discuss or deliberate on an item of business within the board’s authority. Its requirements are tied to that definition, so a committee meeting falls under the Act when enough directors to make a board quorum take part, and in that case it has to be noticed and open to members like any other board meeting. If you put directors on a committee, keep their number below a quorum of the board, or treat the meeting as a board meeting. Ask the association’s attorney how the Act applies to any committee that makes decisions.
• Minutes. Corporations Code section 8320 requires the association to keep minutes of the proceedings of committees of the board. Under Civil Code section 5210, minutes of committees with decision-making authority are among the records members may inspect, and they have to be made available within 15 calendar days after they are approved.
• Conflicts of interest. Civil Code section 5350 applies to committee members as well as directors. A committee member may not vote on, for example, a proposed physical change to that person’s own separate interest.
• Architectural decisions. Under Civil Code section 4765, a decision on an owner’s proposed change has to follow a fair, reasonable and expeditious procedure set out in the governing documents, be made in good faith, and be in writing. A disapproval has to explain why and describe how to ask the board to reconsider, and if the decision was made by a committee and not by the board itself at an open meeting, the owner is entitled to reconsideration by the board at an open meeting.
• Monthly financial review. Under Civil Code section 5501, the monthly financial review the law requires of the board may be carried out by a subcommittee made up of the treasurer and at least one other director, as long as the review is ratified at the next board meeting and the ratification is noted in the minutes.

Committees are worth the effort to set up well. Given a clear assignment and regular contact with the board, they multiply what a volunteer board can get done. You will find more articles for directors in our HOA board member section.

The Law Behind This Article

Every legal point in this article comes from the official text. Each link below opens it in a new tab.

Civil Code sections: 4090 · 4765 · 5210 · 5350 · 5501

Corporations Code sections: 7210 · 7212 · 8320

This article is general educational information, not legal advice. Laws vary by state and your association’s governing documents control many of these questions, so check with your association’s attorney or another qualified professional about your situation.