(originally published in April 1999)
Committees are a valuable tool for boards of directors because they allow boards to delegate authority and obtain assistance from other members of the community on a variety of matters. Some committees are created in the governing documents. Most often these include Architectural Committees and Nominating Committees. Because these committees are created in the CC&Rs, their internal workings are generally governed by the CC&Rs, with some specific input and guidance by the board.
Additionally, the Corporations Code allows boards to create committees to assist in any matters affecting the association; for example, landscaping, rules and regulations, disciplinary and enforcement proceedings, etc. These committees should be created by a board resolution which provides explicitly what the function of the committee will be. Once the committee is formed, it is subject to the ultimate direction and control of the board. This being the case, boards should strive to provide the committee with enough guidance to make the committee useful.
While the Corporations Code allows the board to form committees, it also imposes specific limitations on certain committee functions. These include restrictions on the ability of boards to delegate authority to the committee to take certain actions. If your board desires to delegate specific authority to a committee, contact your property manager or legal counsel to ensure that the committee may exercise that authority.