Establishing committees is the responsibility of an association’s board of directors (“board”). The board must appoint committee members at a properly noticed board meeting, which is often their association’s annual meeting. During such a meeting, the board should define the role(s) and scope of each committee and appoint at least three members to each committee.
The only committee that is required by law for Florida community associations is the rules enforcement committee, which is also often referred to as the fining, violation or grievance committee. Associations that wish to levy fines and impose the suspension of use rights for violations must utilize such a committee to do so. This committee cannot be comprised of board members or spouses or relatives of board members in order to maintain its independence from the board.
Fines or suspensions may only be imposed after the association provides at least 14-days written notice to the person to be fined or suspended. That person must be provided an opportunity for a hearing before the committee. The committee should listen to the alleged violator’s argument(s). The hearing should be closed to all members except for the alleged violator (and the corresponding unit owner if they are not the same person). At the conclusion of the hearing, the committee votes to either confirm or reject the fine or suspension levied by the board. A majority vote of the committee is required to impose any such fine or suspension.
Other committees include a budget committee, whose scope includes helping the board prepare the budget; and an architectural review committee, to review requests for modifications, construction and/or alterations desired in/on common elements, common areas, units or lots.
Committees can and should help boards effectively manage particular aspects of the association’s business, including lessening the burden placed on boards. As always, FL Legal Group recommends boards consult us when establishing committees.
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