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Subject: Do Rules & Regs Need to Be Signed?

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CathyT1
(Washington)

Posts:68

05/07/2008 9:27 AM
Do Rules & Regulations need to be signed and dated by the Board? I thought the Rules & Regs are just a guide and summary of our governing documents?

MicheleD
(Kentucky)

Posts:1866

05/07/2008 9:57 AM
Good question. At least for me. We just found out we can institute Rules & Regulations and will be working with an attorney to begin the process. In the meantime, I'll be keenly watching answers to posts such as this one.

BruceF1
(Connecticut)

Posts:696

05/07/2008 10:02 AM
Cathy, The Rules and Regs should be approved at some meating of the board. There should have been a motion made and seconded, and then a vote with a majority of the board members voting for their adoption. All of this should have appeared in the minutes of the board meeting when that occurred. The rules and regs don't have to be signed, but I think they should be dated to show when they were last approved or amended by the board. Rules and regs prepared by the developer when the association was under developer control may not show any of those characteristics.

BruceF1
(Connecticut)

Posts:696

05/07/2008 10:04 AM
meating? That's what happens when I answer questions in this forum while having lunch.

GlenL
(Ohio)

Posts:1470

05/07/2008 4:53 PM
IMO the rules should be drafted as resolutions and be signed by the BOD members. This shows the reasoning behind the rule and the BOD's power to enact it. After we draft a resolution and have it vetted by the attorney it's read at two BOD meetings before it is voted on. This gives the membership time to comment on the proposed rule that way it's not seen as a dictate from on high. Sample below. XXXXX XXXX Condominium Unit Owners' Association POLICY RESOLUTION NUMBER 2007-02 Relating to the Towing Policy of the XXXXX XXXX Condominiums WHEREAS, the need exists in our community to modify the towing policy; WHEREAS, Section 4.9 of the Bylaws of the XXXXX XXXX Condominium Unit Owners' Association assigns the Board of Directors the power to (D) regulate the use, maintenance, repair, replacement, modification, and appearance of the Condominium Property (which includes the common elements); WHEREAS, Section 4.8. of the bylaws states that the Association shall be subject to and governed by the provisions of any statute adopted at any time and applicable to property submitted to the Condominium form of ownership (including, without limitation, Chapter 5311, Ohio Revised Code); provided, however, that all inconsistencies between or among the permissive provisions of any statute and any provision of the Declaration and these By-Laws, shall be resolved in favor of the Declaration and By-Laws, and any inconsistencies between any statute applicable to associations formed to administer property submitted to the Condominium form of ownership, shall be resolved in favor of the latter statute WHEREAS, Section 4.9 (R) of the Bylaws provides that the directors shall exercise powers that are (ii) necessary and proper for the government and operation of the Association; WHEREAS, the Board of Directors wishes to establish standards for the operation and governance of the Association that serves to maintain it as a first class condominium property and serve its homeowners. WHEREAS, the Board has determined that it is in the best interests of the Association and the Association’s members to adopt a rule concerning towing. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees hereby adopts the following rule: The Association Shall enter into standing arrangement with a commercial towing company to provide on-demand towing of all vehicles parked in or upon the common elements. All costs associated with having the vehicle towed including storage charges shall be paid by the vehicles registered owner and are subject to the applicable laws of Union Township, Clermont County and the State of Ohio. The Board shall post a sign at the main entrance to XXXXX XXXX with the name of the towing contractor that includes information on how to retrieve a towed vehicle. Liability for Personal Property: Nothing in this Resolution shall be construed to hold the Association, the Board of Trustees, or any designated agent thereof, responsible for damages to vehicles or loss of property from vehicles towed from the condominium property including loss of use. A vehicle shall be subject to immediate towing without prior notice or warning in the following situations: 1. A vehicle that is parked obstructing a fire lane. 2. A vehicle that is parked obstructing a fire hydrant or in an area that specifically prohibits parking. 3. A vehicle that is parked across or blocking access to a sidewalk. 4. A vehicle that is parked on the Common Element grass. 5. A vehicle that is parked in a reserved space. 6. A motorcycle, motorized bike or scooter that is not parked in a designated space. 7. A vehicle that poses an immediate danger to the safety or security of the property. The Association is not responsible for the enforcement of the reserved parking space plan except as noted above. Homeowners who find an unauthorized vehicle in his or her assigned space may initiate a tow in accordance with the policy as set forth therein, homeowners who authorize the towing of a vehicle assume all responsibility and liability arising from that act. Any other vehicle that is found to be in violation of the Declarations shall have a notice placed on the vehicle notifying the owner of the Association's intent to tow and giving the vehicle owner at least seven (7) days to correct the problem or appeal the decision. Section 7.1 subsection C of the Declarations states: No part of the Common or Limited Common Elements shall be used for parking of any trailer, truck, boat, or anything other than operative automobiles and motorcycles. The word “trailer” shall include trailer coach, house trailer, mobile home, auto-mobile trailer, campcar, camper or any other vehicle, whether or not self-propelled, constructed or existing in such manner as would permit the use and occupancy thereof for human habitation, for storage, or the conveyance of machinery, tools or equipment whether resting on wheels, jacks, tires or other foundation. The word “truck” shall include and mean every type of motor vehicle other than passenger cars and other than any pickup truck which is used as the auto-mobile vehicle by a family member occupying one of said Units. Operative automobiles and motorcycles shall be defined as: a vehicle that is in operating condition and displaying valid license plates. An inoperative vehicle shall be defined but such definition shall not be limited to: a vehicle not in operating condition, or not displaying valid license plates, including a vehicle that is economically irreparable. Conflict: In the event of a conflict between these regulations and the Declaration, the Declaration shall govern. The terms used in this document shall be read to comport with the definitions of those terms set forth in the Declaration. Duly adopted at a meeting of the Board of Directors held: ________________________ Motion by: ____________________________Seconded by: ______________________________ VOTE: YES NO ABSTAIN ABSENT ___________________________ _______ _____ _________ ________ President ___________________________ _______ _____ _________ ________ Vice President ___________________________ _______ _____ _________ ________ Treasurer ___________________________ _______ _____ _________ ________ Secretary ___________________________ _______ _____ _________ ________ Member at Large ATTEST: ___________________________ ______________________ Secretary Date Resolution effective: ___________________________________________, 2007.

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