Top bar

Shelter Bay Rules and Regulations — Part II
Chapter 20 Committees

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

20.010.010    Statutory committees

Statutory committees are established by the By-Laws. There is one statutory committee, the rules committee. The duties and responsibilities of the rules committee are outlined in the By-Laws. A statutory committee will follow the policies expressed in this chapter, as are applicable. (Res. 05-01 am, 1/19/05)

Top of page

20.010.020    Standing and ad hoc committees

The board shall create standing and ad hoc committees as necessary to assist in conducting the affairs of the community. (Res. 05-01 am, 1/19/05)

  1. Definitions
    1. A “standing committee” is a permanent committee established to fulfill goals and perform tasks to assist with community operations on an ongoing basis. (Res. 05-01 am, 1/19/05)
    2. An “ad hoc committee” is a committee with an identified purpose to be fulfilled and shall sunset on a specified date or upon the Board’s receipt of the committee’s final report. (Res. 05-01 am, 1/19/05)
    3. “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. (Res. 05-01 am, 1/19/05)
    4. An “ex officio member” is a staff person or other individual who is appointed by the Board of Directors to serve as a non-voting member of a committee in an advisory capacity. (Res. 09-18, 5/20/09)
    5. “Operating guidelines” define how a committee will function, including the day, time and location of the regularly scheduled meetings, the number of members on the committee, and state any guidelines as to what is required for the community membership to interface with the committee. (Res. 05-01 am, 1/19/05)
  2. A member of a committee must be a community member in good standing and in support of the goals of the community. (Res. 05-01 am, 1/19/05)
  3. 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 for review and recommendation. The committee chair person shall then forward the application form to the vice president for board consideration. (Res. 06-02, 1/18/06)
  4. The board may appoint the manager, other staff member, or non-member as an ex officio member of any standing or ad hoc committee. (Res. 05-01 am, 1/19/05)
  5. Committees designated by the board of directors as the committee responsible for the enforcement of the protective covenants or rules and regulations may hold an executive session using the process provided in Chapter 30 to discuss matters involving possible violations of the governing documents. Except for executive session of those committees so designated by the board of directors, committee meetings shall be open to community members. (Res. 05-01 am, 1/19/05; Res. 09-06, 2/18/09)
  6. Committee members will be appointed by the board. The chair will be selected by the board, with the recommendation of the committee. The committee will select from its membership a vice chair and, if needed, a secretary and treasurer. The committee chair will advise the web master and the business office secretary of the names of the people selected and the committee’s meeting schedule. (Res. 05-01 am, 1/19/05)
  7. 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 notification in writing with the written acknowledgement being retained in the committees’ records. (Res. 05-01 am, 1/19/05)
  8. Community notice shall be given by either regularly scheduled meetings or by posting a meeting announcement at the business office and on the community web site not less than 24 hours in advance of a meeting. The community notice shall identify the time, date and location of a meeting. (Res. 05-01 am, 1/19/05)
  9. Using the Mission Statement and Guidelines Development Form for assistance (attached hereto), each committee’s initial responsibility is to draft a mission statement, with the board members on the committee being responsible for taking the lead on this effort and for obtaining board approval thereof. The committee is responsible for updating its mission statement and to obtain board approval thereof. (Res. 05-01 am, 1/19/05, Res. 06-09, 4/19/06; Res. 06-14 am, 12/13/06)
  10. Using the Mission Statement and Guidelines Development Form for assistance (attached hereto), each committee must prepare its operating guidelines and forward them to the rules committee, which will, in coordination with the affected committee, review them for compliance with the governing documents and form prescribed by the board. The rules committee will forward the guidelines or revisions therein, with its recommendation to the board for consideration. The committee is responsible for keeping the operating guidelines current and having any changes approved by the board. (Res. 05-01 am, 1/19/05, Res. 06-09, 4/19/06; Res. 06-14 am, 12/13/06; Res. 09-06, 2/18/09)
  11. Within five 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. (Res. 05-01 am, 1/19/05)
  12. A quorum consists of a majority of the appointed members of a committee. Any board member may be called as a temporary alternate to attend and participate for purposes of creating a quorum. A committee may not hold a meeting unless a quorum is present. (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06)
  13. 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. (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06)
  14. A committee, at its discretion, may create subcommittees of less than a quorum of its members to perform specific tasks. Subcommittees may be comprised of any combination of committee members and community members at-large. 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 at-large. The subcommittee meetings are open to the membership. (Res. 05-01 am, 1/19/05)
  15. A committee is to operate according to its board-approved guidelines, within the scope of the Covenants, By-Laws and Rules and Regulations. (Res. 06-14 am, 12/13/06)
  16. Chapter 40.010 provides for the rules of order that govern the conduct of all meetings. (Res. 05-01 am, 1/19/05)
  17. At least monthly, the committee chair or his/her designee will provide the board with a report of committee activities. At the annual meeting, the committee chair or his/her designee shall prepare and submit to the president a summary of the committee’s activities. (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06)
  18. Unless otherwise specified, committee members serve for a one-year term beginning on July 1 and ending on June 30 of the following year. (Res. 05-01 am, 1/19/05)
  19. The standing committees are: building, greenbelt, harbor, lot, and social and recreation. (Res. 05-01 am, 1/19/05)
  20. All standing committees shall consist of five (5) members of the community plus (2) Board members appointed by the Board of Directors. The missions of the standing committees are as follows: (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06)
    1. Building - Interpret and administer the protective covenants as they apply to new construction, exterior remodeling and/or private piers and floats. (Res. 05-01 am, 1/19/05)
    2. Greenbelt – Ensure that greenbelt vegetative growth is compliant with the covenants. (Res. 05-01 am, 1/19/05)
    3. Lot – Enforce the governing documents of the community pertaining to residential lots, mediate conflicts between lot owners regarding these issues and oversee the management of the storage lot facility. (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06)
    4. Harbor – Provide a general framework for the management and operation of the Shelter Bay Marina/Harbor by reviewing current marina operations and developing comprehensive managerial and administrative practices for the effective operation of the marina/harbor. (Res. 05-01 am, 1/19/05)
    5. Social and Recreation – To promote social and recreational activities that will interest and involve a broad sector of the Community. To help defray event expenses, the Committee may solicit donations or charge a fee as deemed appropriate to the specific event. The Committee is also charged with the responsibility of making recommendations to the Board for enhancement of recreation facilities and equipment to promote their mission. (Res. 05-01 am, 1/19/05; Res. 06-14 am, 12/13/06; Res. 07-06, 6/20/07)
  21. On as needed basis, the board may create an ad hoc committee. The sunset date of an ad hoc committee may be extended at the discretion of the board. The board may appoint any number of members to an ad hoc committee. (Res. 05-01 am, 1/19/05)

Top of page

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. (Res. 06-14 am, 12/13/06; Res. 08-20 am, 10/15/08)

20.010.032   Formal review at committee level

  1. 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.
    1. 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.
    2. 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.
    3. 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.
    4. Upon completion of the formal review, the committee shall notify the affected member and other parties involved of its decision.
    5. 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.
  2. 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.
  3. A decision of the committee involved may be appealed to the rules committee within 30 days of notice of the committee’s decision.
  4. “Other parties involved” is defined as all those members directly affected by the committee’s decision.
  5. The chair of the committee involved and the applicant may waive the committee review and so note the waiver on the appeal form.

(Res. 08-20 am, 10/15/08)

Top of page

20.010.034    Appeals to rules committee and board of directors (Res. 08-20 am, 10/15/08)
All appeals shall follow the same basic procedure. The following are the guidelines for the procedure and other pertinent advice regarding appeal matters. (Res. 06-14 am, 12/13/06)

  1. Definitions (Res. 06-14 am, 12/13/06)
    1. “Reviewing Authority” - the rules committee or the board of directors.
    2. “Appellant” - the community member, his/her representative or committee filing the appeal.
    3. “Affected Party or Parties” – any community members who would be affected by the resulting decisions of the committee, rules committee or board of directors.
  2. Process
    1. The appellant must initiate an appeal within thirty (30) days of notification of the decision. Appeals filed after this thirty (30) day limitation shall not be heard.
    2. 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 when 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 inter-related.
    3. 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.
    4. 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.
    5. It is the preference of the board that the issue be resolved at committee level.
    6. Appeals must be made in succession to the rules committee and finally to the board of directors.
    7. The president/chair of the reviewing authority shall schedule an appeal hearing. The scheduling of the appeal hearing will be accomplished within seven (7) days of receipt of the appeal.
    8. A quorum of the reviewing authority members shall be present for all appeal deliberations.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. The board’s decision is final for the community
    14. After the final decision of the reviewing authority, records pertaining to the appeal will be maintained in the appellant’s lot file.
    15. Upon completion of the appeal process an appellant, who is a member in good standing, shall have their appeal deposit returned when the appeal judgment has been satisfied. 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.
  3. Appeal Hearing Procedures
    The following procedures will govern the conduct of a hearing:
    1. A speaker for each side shall be given five (5) minutes to state the case, starting with the appeal side.
    2. Other participants, when recognized by the chair, may each have five (5) minutes to add pertinent remarks to the record.
    3. When the appeal is before the rules committee or the board of directors, members of such 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.
    4. After all questions have been exhausted and upon the passage of a motion, the reviewing authority shall convene in executive session to consider the evidence presented and reach a decision. The reviewing authority shall then reconvene the hearing, move to return to regular session and ratify their decision made in the executive session. The reviewing authority’s chair/president shall notify the appellant of the decision by certified mail.
    5. The appellant may request a copy of all documents pertinent to the case and held by the reviewing committee or reviewing authority.

(Res. 09-19, 6/19/09)


Top of page