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HOAManagement.com - The HOA Management Industry Directory
HOAManagement.com - The HOA Management Industry Directory

HOA Board Resolution. How to do it right!

 

Resolution Process


If authorized in the Bylaws or Declaration to pass rules, your board could approve a new Resolution through the following process:

  1. At a board meeting, discuss what you would like a rule/resolution to say and how it will be enforced. Create a draft of the proposed rule. The typical format of a resolution is:

    RESOLUTION OF THE BOARD OF DIRECTORS
    OF 
    (NAME OF ASSOCIATION) 
    REGARDING
    (SUBJECT OF RESOLUTION)

    Whereas (refer to the specific provision in the Declaration or Bylaws that authorize the board to pass rules); and

    Whereas (the reason or need for the new rule); and

    Whereas (who is affected by the rule, how the rule is going to be enforced, when the rule will be effective, how long the rule will be in effect)

    Now, therefore, be it resolved, that (specific rule))

    Dated this _______________ day of _______________ month,  20 ______.

                            By___________________________________________

                                (Name), Secretary 

  2. Announce to your members that the board will be considering the proposed rule. Be sure to include in the announcement the date, time and location of the meeting in which the board will vote on the rule, and invite owners to offer their opinion on the proposed rule. It's best that they submit their comments in writing by a certain date. It could happen that an owner with a different perspective on the issue may provide essential insight that could result in a revision to the wording or scope of the rule. 

  3. At the announced date and time, the board should meet for final discussions among themselves, consider the previously-submitted input from your members, and vote on the rule. 

  4. Some states require that rules be legally recorded before they can be enforced. Check your state statutes and governing documents to determine if such language exists. Even if it doesn't, it's not a bad idea to record the resolution to ensure that all future owners receive a copy of it when title to their home is researched for a resale. 

  5. Mail the recorded resolution to all owners and lessees, advising them that you will begin enforcing the rule on a certain date at least 30 days from the date of the mailing. Check your documents and state statutes again to determine if the letters must be sent by certified mail. 

  6. Be sure to enforce the rule fairly and consistently.

 

Provided by Association Times


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