Shelter Bay Rules and Regulations — Part II
Chapter 20 Committees
- 20.010.011 Standing committees
- 20.010.012 Ad hoc committees
- 20.010.013 Committee mission statement and guidelines
- 20.010.014 Committee membership
- 20.010.015 Committee meetings
- 20.010.020 Mediation and the Decision Making Process
- 20.010.030 Appeals from committe decisions
- 20.010.032 Formal review at committee level
- 20.010.034 Appeals to rules committee and board of directors
Go to the Forms page to see the forms listed here:
Committee Member Application Form
Good Faith Conduct Statement
Appeal Request Form
Committee Decision Review Request Form
Mission Statement and Guidelines Development Form
- A “statutory committee” is a permanent committee established by the By-Laws. There is one statutory committee, the rules committee, whose duties and responsibilities are also outlined in the By-Laws. The rules committee is also a standing committee and will follow the policies expressed in this chapter, as are applicable.
- A “standing committee” is a permanent committee established by the board of directors to fulfill goals and perform functions and tasks to assist with community operations on an ongoing basis.
- An “ad hoc committee” is a committee established by the board of directors with an identified advisory purpose and/or tasks to be fulfilled and shall sunset on a specified date or upon the Board’s receipt of the committee’s final report.
- “Mission statement” states the committee purpose and clearly defines the scope of the committee’s work. In the case of an ad hoc committee, the mission statement will define the committee’s term.
- “Operating guidelines” define how a committee will function, including the day, time and location of the regularly scheduled meetings and how the community membership and the committee will interact. Such guidelines may also provide the details for covenant enforcement for those covenants which are ambiguous or do not set a rule that is applicable in all cases.
- A “regular member” is a committee member who has been appointed by the board of directors to perform the functions of the committee.
- An “alternate member” is a committee member who has been appointed by the board of directors to be available to fill-in and assume the role of a regular member in their absence.
- An “ex officio member” is a staff person or other individual who is appointed by the Board of Directors to serve in an advisory capacity as a non-voting member of a committee.
- Unless otherwise specified, the term ‘days’, as used in this chapter, refers to calendar days.
- As provided for in Article VI of the By-Laws, all standing committees shall consist of not less than five nor more than seven (7) regular members, two (2) of whom will be board members, and as many alternate members as the board deems appropriate for carrying out the Committee’s mission
- Shelter Bay has seven standing committees: Building, Greenbelt, Lot, Harbor, Safety, Social and Recreation, and Rules.
- On an as-needed basis, the board may create an ad hoc committee. The board may appoint any number of members, including board members, to an ad hoc committee as it may deem appropriate. The sunset date of an ad hoc committee may be extended at the discretion of the board.
- A committee is to operate according to board-approved operating guidelines, within the scope of the Protective Covenants, By-Laws, and Rules and Regulations.
- Mission statement development: Using the Mission Statement and Guidelines Development Form provided in this Chapter for assistance, each committee’s initial responsibility is to draft a mission statement. Board members on the committee are responsible for taking the lead on this effort and obtaining board approval. The committee is responsible for updating its mission statement, as needed, and for obtaining board approval. Following board approval of its mission statement, the Committee will develop operating guidelines as provided below.
- Committee operating guidelines development: Using the Mission Statement and Guidelines Development Form provided in this Chapter, each committee must prepare its operating guidelines and forward them to the rules committee. The rules committee, in coordination with the affected committee, will review them for compliance with the governing documents and form prescribed by the board. The rules committee will forward the guidelines with its recommendation to the board for approval. The committee is responsible for keeping the operating guidelines current and having any changes reviewed by the rules committee and approved by the board.
- A member of a committee must be a community member in good standing and in support of the goals of the community.
- Except for the Board representatives on the committees, a member shall apply to serve on a committee by making application on a form approved by the board and provided by the secretary. Such application will also include a Good Faith Conduct Statement on a form approved by the board. The secretary shall verify that the applicant is a member in good standing and forward it to the appropriate committee. The committee shall review the application, may interview the applicant, and shall provide the Board with a recommendation on the applicant’s suitability for serving on the committee. The committee chair shall then forward the application form with its recommendation to the vice president for board consideration.
- Committee members will be appointed by the board of directors, who will make such appointments as they best see fit in order to avoid any conflicts of interest. Unless otherwise specified, committee members serve for a one-year term beginning on July 1 and ending on June 30 of the following year.
- Regular committee members.
- As provided above, the board shall appoint no less than three or more than five regular members who, along with the two board members appointed to the committee, shall constitute the regular members of the standing committee.
- Regular members are responsible for attending the committee’s meetings to conduct the business of the committee including participating in site visits as applicable, and making, seconding and voting on motions.
- Alternate committee members.
- The board may appoint any number of alternate members to a committee.
- Alternate members are responsible for attending committee meetings and being available to be seated by the chair to assume the role and responsibilities of an absent regular member for a meeting and/or an interim period, as needed.
- Alternate members are a vital component of the committee’s make-up and are encouraged to participate in the discussion of committee business. However, alternate members shall not make, second or vote on motions unless seated in the absence of a regular member as provided in this subsection.
- Committee Chair.
- With the recommendation of the committee, the Board will appoint the committee’s chair. A board representative on a committee may serve as the acting chair; however, it is preferred that the chair position be filled by a regular member who is not a board representative.
- The committee chair is authorized to seat an alternate member or board member to fill-in for an absent regular member.
- The committee will select from its membership a vice chair and, if needed, a secretary and treasurer.
- The board may appoint the manager, other staff member, or non-member as an ex officio member of any standing or ad hoc committee.
- Chapter 40.030 provides the rules of order that govern the conduct of all meetings.
- The committee chair is responsible for preparing the meeting agenda and providing notice of the meeting to committee members and community membership. Provision must be made on the agenda for community member comments during the meeting. Notice to the committee members must be given not less than 24 hours in advance of a meeting. In case of an emergency, notice of a meeting may be waived provided that the committee members acknowledge receipt of such waiver of notification and such acknowledgement is retained in the committee’s records.
- Regular meeting agendas will be posted at the business office and on the community website on the Friday prior to the meeting.
- Special Meetings may be called by the Chair by the posting of an agenda at the business office, and if possible on the community website, not less than 24 hours in advance of the meeting.
- Meeting agendas shall identify the date, time, location, and business items of the meeting. Enough detail will be provided in describing the business items on the agenda in order to allow for a general understanding of the issue.
- A quorum consists of a majority of the regular members of a committee. Any board member may be called and seated by the committee chair as a temporary regular member to attend and participate for purposes of creating a quorum. Such action shall be recorded in the minutes of the Committee. A committee may not hold a meeting or conduct business unless a quorum is present.
- If the total number of regular members present at a standing committee meeting is less than seven, the committee chair, at their discretion, may seat alternate members as regular members as needed in order to bring the number of committee members to no more than seven. Such action shall be recorded in the minutes of the Committee.
- When an alternate is seated as a regular member, such alternate member may also be appointed by the committee as an acting chair to perform all such duties in the absence of the chair. Such action shall be recorded in the minutes of the Committee.
- Meetings may be held in person, by telephone or by any other means where members may communicate with one another in real time and are able to freely discuss the issues on the agenda. If a vote is to be taken, a provision must be made for community member input.
- Regular meetings shall be held at the clubhouse or as specified in the committee’s guidelines. Giving proper notice, the committee chair may call a special meeting provided a quorum of members is present. Business conducted at such special meetings shall be recorded in minutes, the same as if it were conducted at a regular meeting.
- Committees may hold an executive session using the process provided for in Chapter 30 to discuss matters involving possible violations of the governing documents or committee-related personnel matters. Decisions made in executive session must be subsequently ratified by committee vote in open session before that action becomes effective. Except for executive sessions, committee meetings shall be open to community members.
- In the performance of their work for the community, committees must use a minimum of four regular committee members to conduct site visits. Committee members assigned to perform such obligations shall recognize that they are representing the community and will carry out all such duties in a professional manner. Such members shall sign off on committee forms, as appropriate.
- A committee, at its discretion, may create subcommittees to perform specific tasks, such as site monitoring. Subcommittees may be comprised of any combination of committee members and community members. A subcommittee will provide timely notice to its members of meetings. It is not required to keep minutes or meeting notes, nor is it required to provide notice of meetings to the membership. The subcommittee meetings are open to the community membership.
- In a situation deemed to be an emergency by the chair, or in the chair’s absence the vice chair, permits and /or action may be approved by a single committee member. All available members will participate in such decisions, but if only one member can be located, that member may make such decisions on behalf of the committee. All such actions shall be approved by the committee responsible at their next regularly scheduled meeting.
- Within ten business days following a committee meeting, the committee will post at the business office a summary of the business conducted and make it available to the committee members. Within ten business days of approval, the approved committee meeting minutes/notes shall be posted at the office and on the website.
- At least monthly, the committee chair, or designee, will provide the board with a report of committee activities. At the annual meeting, the committee chair, or designee, shall prepare and submit to the board a summary of the committee’s activities.
Much of the work of the committees involves the review and approval/disapproval of member requests for committee actions and various permits. During the review of such requests, the committee will take into consideration the opinion of other parties who may be affected by the committee’s decision. In some cases, the original requestor and their neighbors or other affected parties may be in disagreement over the potential outcome. If the committee involved is aware of such a disagreement between the parties, the committee may, at its discretion, offer mediation to the parties in an to attempt to resolve conflicts prior to or in conjunction with the committee’s action. The parties shall be given 5 business days to respond to the offer of mediation. If either party refuses the offer of mediation, or are unable to reach agreement through mediation, the committee will go forward with the processing action and act on the request.
20.010.030 Appeals from committee decisions
The board prefers that any objection to a committee decision first be handled by the committee in a formal review with all parties to the issue being present and minutes of the proceedings being kept.
- An affected member may file an application for a formal review of a committee decision with the committee involved within 30 days of notification of the decision by the committee.
- Notice of the committee’s decision will be given as determined by the committee’s operating guidelines and shall be considered delivered upon execution of the delivery action.
- Upon receipt of a request for a formal review by a committee, the committee shall establish a hearing date/time/location and notify all parties involved in writing at least 10 days in advance of the hearing.
- The hearing date/time will be set at the convenience of the committee and affected member and scheduled not later than 45 days from the date of receipt of the review request.
- Upon completion of the formal review, the committee shall notify the affected member and other parties involved of its decision.
- The notice of the formal review schedule from the committee and the notice of the committee’s decision will be delivered by U.S. Certified Mail to the mailing address on file at the Shelter Bay Business Office.
- No appeal to the rules committee may be made unless a timely request for a formal review has been filed and processed according to this policy.
- A decision of the committee involved may be appealed to the rules committee within 30 days of notice of the committee’s decision.
- “Other parties involved” is defined as all those members directly affected by the committee’s decision.
- The chair of the committee involved and the applicant may waive the committee review and so note the waiver on the appeal form.
20.010.034 Appeals to rules committee and board of directors (Res 09-19, 6/17/09)
All appeals shall follow the same basic procedure. The following are the guidelines for the procedure and other pertinent advice regarding appeal matters.
- “Reviewing Authority” – the rules committee or the board of directors.
- “Appellant” – the community member, his/her representative or committee filing the appeal.
- “Affected Party or Parties” – any community members who would be affected by the resulting decisions of the committee, rules committee or board of directors.
- The appellant must initiate an appeal within thirty (30) days of a decision. Appeals filed after this thirty (30) day limitation shall not be heard.
- An appeal may be initiated by any community member or by any standing committee of the board of directors by filing an Appeal Request Form as attached to this chapter. For community members a deposit is required in accordance with the Schedule of Fees, to be refunded if the appellant prevails and all appeal processes are final. Simultaneous appeals from two or more standing committee decisions are to be made separately; however, they require only one deposit if it is found the appeals are interrelated.
- The appeal of a fine levied by the Rules Committee shall be made to the Board of Directors. The Board is the only authority that can mitigate or make compromises on a fine.
- The appeal must clearly state the decision(s) being appealed and the grounds for the appeal. Additional documents may be submitted with the Appeal Request Form. This will be the basis for the opening statement of the purpose of the hearing.
- Upon receipt of the Appeal Request Form and accompanying deposit, the Board Secretary or the Rules Committee Chair, as appropriate, shall determine if the Appeal Request Form is complete. If it is deemed incomplete, it shall be returned to the appellant stating the area of deficiency and requesting that the completed appeal form be resubmitted to the reviewing authority within ten business days.
- It is the preference of the board that any objection to a committee decision be resolved at the committee level.
- Appeals must be made in succession to the rules committee and finally to the board of directors.
- The president/chair of the reviewing authority shall schedule an appeal hearing and determine whether to again offer mediation to the parties as provided for in Chapter 20.010.020. If mediation is pursued, the appeal process will be held in abeyance until mediation is completed. If through mediation the dispute is resolved in compliance with the requirements of Shelter Bay, the application will be returned to the permitting committee for final ratification. Upon official notice by either party in the mediation that mediation has failed to bring resolution to the dispute, the appeal process will resume. The scheduling of the appeal hearing will be accomplished within seven (7) business days of receipt of the appeal.
- A quorum of the reviewing authority members shall be present for all appeal deliberations.
- The reviewing authority secretary shall prepare and post a notice of the time/date/purpose of the hearing in the business office and mail a copy of the notice to the appellant, affected party or parties and deliver a copy to the chair persons of affected committees.
- The secretary will also request that pertinent documentation, minutes and other documents be submitted by the committee involved to the reviewing authority no later than seven (7) days prior to the appeal hearing. The secretary of the reviewing authority shall make the submitted documentation available to reviewing authority members at least five (5) days prior to the hearing.
- Hearings before the reviewing authority may be tape recorded, and the tape recording becomes a part of the documentation of the hearing. If recorded, the tape shall be kept until all known administrative appeals with regard to the particular case are exhausted.
- When the reviewing authority makes its final decision on an appeal, it will issue a written summary of facts and conclusions. The reviewing authority will notify the appellant and affected party or parties of its decision in writing by U.S. Certified Mail. The appellant will be notified of the right to further appeal a Rules Committee decision to the Board within thirty (30) days after receipt of a notice of such decision.
- The board’s decision is final for the community.
- After the final decision of the reviewing authority, records pertaining to the appeal will be maintained in the appellant’s lot file.
- Upon completion of the appeal process an appellant, who is a member in good standing and has prevailed in their appeal, shall have their appeal deposit returned. Authorization for the return of deposit will be by the Board President and the Rules Committee Chair, or their designees, in coordination with the Community Manager.
- Appeal Hearing Procedures
The following procedures will govern the conduct of a hearing:
- A speaker for each side shall be given five (5) minutes to state the case, starting with the appeal side. Speakers will direct their testimony to the actual committee decision and applicable community policies which are the subject of the appeal before the reviewing authority. Speakers who make comments deemed to be of a personal or derogatory nature toward committee or other community members will be brought back to the point of order by the chair.
- Other participants, when recognized by the chair, may each have five (5) minutes to add pertinent remarks to the record.
- Members of the reviewing authority will be invited to ask questions, in rotation, of the participants. Questions may be pursued, if to the point. A second question may be asked in rotation, but not before all members have had a chance to ask a first question.
- After all questions have been exhausted, the speaker for each side will be given two minutes to provide a closing statement.
- After the closing statements, and upon the passage of a motion, the reviewing authority shall recess the regular session and convene in executive session to consider the evidence presented and reach a decision. The reviewing authority shall then adjourn the executive session, reconvene the hearing by returning to regular session, and ratify their any decision(s) made in the executive session. If deemed necessary by the reviewing authority, the executive session may be recessed and then reconvened at a specified date and time. The reviewing authority’s chair/president shall notify the appellant of the decision by certified mail.
- The appellant may request a copy of all documents pertinent to the case and held by the reviewing authority.