[tlemmons]

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Our bylaws state that the architectural committee will consist of three members to be designated by the BOD. We have a small community that consists of 35 members and we have difficulty in getting three volunteers for the architectural committee. In the event we can persuade only two volunteers are the results of their decisions invalid?

[profdan_h]

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It is best to follow your bylaws’ requirements to avoid accusations of invalid decisions based on the number of committee members. If you can’t recruit enough people, you might want to amend your bylaws.

[numerus]

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This is a very common issue we have seen come up over the years. We’ve even worked with associations that could not fill all of their named board positions due to lack of volunteers.

A lack of volunteers does not invalidate the committee (or in some cases, the board). As long as you can show that there was sufficient communication given to the membership and there was documentation to back it up (for example, having a meeting and keeping minutes), then you should be fine if a homeowner were to try and challenge a ruling by the committee.

In the event of a split vote by the committee, the ruling could be submitted to the board for a final review and vote.

It’s important to remember that you are volunteers for a nonprofit entity. As long as you follow your governing documents the best that you can, and do not act in negligence or express discrimination to owners (allowing something for one, but not another), then you should be fine.

Hope this helps!

[Author]

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