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What is a Board Resolution?

An easy definition for a board resolution is that it is a motion that follows a set format and is formally adopted by the community board. Resolutions may achieve updated rules and regulations or formalize other types of board decisions. There are four types of resolutions for a homeowners association:

  1. Policy Resolutions affect owners’ rights and obligations such as rules for the use of common areas and recreational facilities, architectural guidelines and enforcement procedures.
  2. Administrative Resolutions address the internal operations of the community association. Examples include operating procedures, collection procedures and where board meetings will be held.
  3. Special Resolutions document board decisions that apply a policy or rule to an individual situation, such as a decision about an alleged rule violation.
  4. General Resolutions involve routine events, such as adopting the annual budget and approving a contract.

The manager maintains all adopted resolutions. They are available to association members for review in the manager’s office.

What Gives the Association the Right to Tell Me What to Do?

In a nutshell: the association declaration and state law.

Homeowners associations have a governmental component. Like a city or county government, a homeowners association has a charter—called the declaration. The declaration encompasses bylaws, covenants and other documents that give community associations their legal foundation.

These governing documents obligate the HOA to preserve and protect the assets of the community and each family’s home. To enable the board to meet this obligation, association governing documents also empower the board to make rules and define the process for adopting and enforcing them—within limits. Governing documents also establish parameters for the nature and type of rules the board can make.

State law gives community associations the authority to make rules. These are called common interest community statutes, and they apply to condominiums, cooperatives and property owners associations.

Remember that the board can’t make or enforce any rule that is contrary to the governing documents, local ordinances, state law or federal regulations. Remember also that the board makes rules on your behalf—to protect your investment, your home.


Know the Rules

Have you checked out the homeowners association’s covenants, conditions and restrictions (CC&Rs) lately? If not, now’s a great time to brush up on the do’s and don’ts of the community.

For those of you who were unaware, CC&Rs play a crucial role in keeping the HOA running smoothly. CC&Rs are legally binding rules and regulations that homeowners agree to when they purchase a unit within the homeowners association. It’s the owner’s responsibility to inform the new residents of the bylaws as well if the owner rents out their home. CC&Rs include stipulations on assessments, building design and additions, and the governance of the association. All residents need to understand these CC&Rs so they don’t unintentionally violate them; owners can be fined by the association and—in extreme cases—sued for violating the CC&Rs. Owners are empowered when they understand the CC&Rs and the procedures for changing or amending them when they are no longer applicable or relevant to the community.

While they may seem arbitrary, the CC&Rs are legally enforceable. They also help ensure the association as a whole can thrive and that members are treated fairly and equally. So don’t be left in the dark—check out the association’s CC&Rs today!

Please call the manager or visit our website if you don’t have a copy of the CC&Rs.