Notice: The following is a reference copy of the committee charter. The official charter document may be found on the FCHOA2 website.
FORD’S COLONY AT
HOMEOWNERS ASSOCIATION, INC.
ENVIRONMENTAL CONTROL COMMITTEE (ECC) LIAISON COMMITTEE CHARTER:
WHEREAS, Article III (A), Section 1 of the Ford’s Colony at Williamsburg Homeowners Association, Inc.’s (hereafter referred to as the Association) Bylaws provides that “the affairs of the Association shall be managed under the direction of a Board of Directors;”
WHEREAS, Article III (C), Section 17 of the Bylaws provides that the FCHOA Board of Directors (hereafter referred to as the Board) “shall have all of the powers and duties necessary for the administration of the Association’s affairs...;”
WHEREAS, Article V of the Bylaws states that the Board may authorize committees to perform such tasks and to serve for such periods as may be designated by the Board, that each committee shall be composed and shall operate in accordance with the terms of the resolution of the Board designating the committee, that unless otherwise provided in the resolution, the members of a committee shall be appointed by the Board and shall serve at the pleasure of the Board, and that any committee member may be removed by a majority of the members of the Board, with or without cause, at any time, and with or without a successor being named;
WHEREAS, the Board deems it necessary and desirable and in the interest of the Association, NOW, THEREFORE, THE BOARD RESOLVES THAT a ECC Liaison
Committee (hereafter referred to as “ELC”) be established as a Standing Committee, having the following terms of reference:
I. RESPONSIBILITY:
A. Purpose:
The ELC shall serve at the pleasure of the Board. The primary purpose of the ELC is to observe on behalf of the Board, all meetings, decisions and other actions of the Ford’s Colony at Williamsburg Environmental Control Committee (ECC).
B. Duties:
The duties of the ELC are as follows:
1. Become familiar with the latest edition and amendments to Ford’s Colony at Williamsburg Homeowners Association Handbook, the Declaration of Protective Covenants, the individual Section Declaration of Supplemental Protective Covenants, and the Purchaser’s Handbook for Single Family Homebuilding at Ford’s Colony.
2. Become familiar, as necessary, with ECC rulings that create precedent.
3. Become familiar with the duties of ECC Field Inspectors.
4. Observe all meetings, decisions and other actions of the ECC. Report to the Board on the foregoing as well as any observed inconsistencies and/or initiatives in such actions associated with the documents noted above.
5. Review ECC draft agendas to clarify ambiguities and to coordinate Board concerns.
6. Preview building sites as necessary to familiarize and understand Homeowner applications being considered at ECC meetings.
7. Write and report to the Board minutes of all ECC meetings. Include “Action Items” for Board consideration.
8. Selectively audit ECC decisions in response to Board concerns and follow-up with recommendations for Board action.
9. Attend quarterly meetings of the Board. Attend other Board meetings as necessary.
C. Jurisdiction:
Jurisdiction between the ELC, Ombudsman and Covenants Committees shall be determined by the Board. However, to facilitate an understanding of these committee’s jurisdictions, it is understood that ELC responsibilities are associated with the activities of the ECC, and therefore, its responsibilities are primarily pre-construction and under-construction homesites. The Ombudsman and Covenants committees are more frequently involved in post-construction matters.
II. MANNER OF ORGANIZATION:
A. Membership:
1. The ELC shall consist of at least three (3) and no more than five (5) members appointed by the Board. The Board shall appoint one of its members who shall act as a liaison to the Board. The liaison shall attend all ELC meetings but shall not have a vote. For the purpose of conducting its business, a simple majority of members shall constitute a quorum.
2. The Chair of the ELC shall be appointed by the Board.
3. ELC members shall be lot owners in Ford's Colony who are not simultaneously members or spouses of members of the Board.
4. In performing its duties, the ELC may solicit the advice of the Management Agent, and request that it perform specific tasks identified by the Board.
B. Terms:
1. ELC members shall normally serve a term of three (3) years and may be appointed for consecutive terms without limit.
2. In an effort to promote continuity, terms should be staggered so that one-third or the closest number to one-third of the ELC membership is appointed or reappointed each year.
3. Terms of committee members will begin on January 1 and end on December 31 except in the first year following the committee’s establishment when terms shall begin on the date of establishment and end on December 31st.
C. ELC Chair:
The ELC Chair shall be a member of the ELC, shall be appointed annually by the Board of Directors and shall serve no more than two (2) consecutive years in that position. The ELC Chair shall designate a Vice Chair who shall be approved by the Board. Meetings without the presence of the Chair are not anticipated; however, should such an occasion occur, the Vice Chair shall lead the meeting.
D. Removal of ELC Members:
The Board may remove a member of the ELC, with or without cause. Vacancies may be filled by appointments approved by the Board.
E. ELC Recorder:
The ELC Chair will designate a Recorder from among the committee members. The Recorder shall be responsible for maintaining committee records, minutes of meetings, and assisting the Chair in preparing quarterly and annual reports to the Board.
III. MANNER OF OPERATION:
A. Board / ELC Relationship:
The ELC shall conduct its business in the best interest of the Association and in accordance with this Charter, the Association's Declaration, Bylaws and Rules and Regulations. However, any recommendation to the Board shall be forwarded only when approved by a majority of a quorum of the ELC. The ELC will take no action on behalf of the Board or the Association without the prior authorization of the Board.
B. Media Inquiries and Releases:
Unless otherwise designated by the Board, media inquiries will be responded to by the Association President and/or the Management Agent.
C. Functions of the Chair:
Functions of the Chair shall include the following:
1. Coordinate all committee activities and preside at all committee meetings.
2. Prepare required reports to the Board.
3. Represent the ELC to the Board
4. Prepare annual budget proposals, if applicable, and submit to the Finance Committee and Management Agent as requested.
5. Recruit and nominate prospective members for appointment by the Board using the approved list provided by the Nominating Committee of the Board.
6. Inform the Board of scheduled ELC meetings and Board Members may attend and participate in the meetings of the ELC but may not vote on any motion before the ELC.
D. Meetings:
1. The ELC will meet as often as deemed necessary by the Chair and at least quarterly with notice to all members and the Board of Directors.
2. The ELC will determine its own meeting agenda.
3. Except as provided in the Code of Virginia for convening in executive session, all meetings shall be open to all members of the Association. Notice of each meeting shall be provided to the Management Agent in time for publication to the membership of the Association. At least one copy of the agenda and any supporting material shall be
available for inspection by the membership of the Association at each meeting of the ELC.
E. Reporting:
1. The ELC will provide quarterly and annual reports, as requested, summarizing its activity to the Board.
2. The recorder or designee shall prepare and submit through the Chair minutes of all ELC meetings. Copies of the all approved meeting minutes shall be delivered to the Management Agent and the Board as soon as practical.