C.C. from Florida writes:
Dear Mister Condo,
If I am on a committee (not board member) in my condo, am I allowed to solicit a rule that our committee may want to change? Should a particular change of a rule (not statute) go for board approval, then said board approves rule change, then it goes out to owners for a vote. Prior to owner’s vote, can I solicit facts or opinions as a committee member?
Mister Condo replies:
C.C., thank you for the question. However, since the question is kind of vague, I cannot give you a definitive “yes” or “no” answer. Committees derive their existence from the Board, the group of democratically elected leaders from within the community. Unless the charter of the committee gives the committee power from the Board to solicit rule changes, I would say that “No, you cannot solicit a rule change or solicit owner’s opinions or try to influence their vote in any way”. However, if your charter is to actually solicit owners’ opinions on rules and regulation that might need changing, then my answer would be “Yes”. Let me suggest the following hypothetical. Let’s say my Board asks me to serve on the Beautification Committee. I don’t care for the pine trees on the property and I think we should have oak trees instead. My job would be to offer a report to the Board on why oak trees would be better than the pine trees. If the Board agrees, it would draw up the resolution and make the decision. If I went around and asked my fellow unit owner if they would support my desire to have oak trees replace the pine trees, I am overstepping what was asked of me when the Board appointed me to the Beautification Committee. I hope that answer suffices and guides you in the right direction. Given your level of interest and activity, my guess is you would make a fine addition to the Board, C.C.. After all, getting involved on a Committee is the most common path to a position on the Board. Good Luck!