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Create, write and approve a new HOA board resolution using these six steps.
When it comes to governing policies and procedures for homeowners associations (HOAs), there are three options: rules, regulations and resolutions. All three must comply with state and federal laws and can be modified as needed by the board. So why choose one over another?
The difference between rules, regulations and resolutions
Rules and regulations are typically used to establish policies around conduct, such as parking or pets. Resolutions deal more with establishing procedures and are typically used when an issue is more complex or formal, such as enforcement procedures or responsibilities related to maintenance.
Create an HOA board resolution
There are several steps your HOA needs to take when creating a new resolution:
- Check the law. Your resolution must adhere to federal and state laws, so be sure to do a thorough check to make sure no laws would be violated.
- Establish your authority. Make sure that your community’s governing documents provides your board with the authority to create new resolutions.
- Do your research. Talk with your board members about the details of your resolution. Why is it being proposed? What are the specifics of the resolution? How will it be enforced?
- Draft the resolution. Board resolutions typically follow a general format, which begins with the statute or bylaw that provides the board with the authority to create the resolution and then goes into the details of the resolution. Several examples can be found online.
- Get feedback. Whenever your board proposes new rules, regulations or resolutions, it’s a good idea to circulate the draft among your community’s homeowners and provide an opportunity for feedback.
- Vote and sign. Once your feedback period ends, the board will vote on the resolution. The board president and secretary should then sign and date the document.
- Enforce the resolution. Now that the resolution has been formalized, it is ready to be enforced—just be sure to do so consistently.
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Source: HOA Community Solutions, Realty Times, Association Times
