Using resolutions?

Started by SwanB • 3 replies • 2483 views

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SwanB (Washington)
Posts: 199

Posted:

What exactly is a resolution and when is it correct to use them and for what purpose?
Our HOA was created in 1971 and as I search through our history resolutions were not used until 1993. We began with a large Canadian membership and the boards were made up during that time period of more Canadian members than US members. Canadian politics use resolutions in law changing actions. US politics don't from my searchs.
A search of Robert's Rules of Order makes a resolution appear to be a main motion of sorts; so it is an action not a vehicle to change a bylaw or a CCR, correct? However previous boards have used resolutions to change or make bylaws.

RogerB (Colorado)
Posts: 5,067

Posted:

Swan, good question. This seems to be a word I use but may not understand. I think a resolution is a statement on a legal decision. I think, but am not sure, that it is considered more formal than a motion and can used to break down the several components of what would otherwise be a complex motion. Does that make any sense? The following does not start with BE IT RESOLVED, but would you consider this a resolution?

WHEREAS, the Declaration of Covenants, Conditions, and Restrictions of the ______________ HOA was recorded 8/31/88 in book 0811, pages 0289-0347 and the First Amendment to the said Declaration was recorded 09/29/95 in Book 1291, pages 0334-0336, of the Property Records of the County of __________, State of ___________; and

WHEREAS, Paragraph 3.2 of the said Declaration provides that the Declaration may be amended at any time and from time to time upon written approval of the amendment by Owners who are entitled to cast sixty-seven percent of the votes in the Association allocated to each class of membership; and

WHEREAS, greater than sixty-seven percent of all Owners have voted in writing to approve amending the Declaration in the following respects;

NOW, THEREFORE the said Declaration is hereby amended as follows:

5.2 Purpose of the Assessment
.............

7.30 Roofing Materials
.............

11.1 Maintenance by the Association
..............

SwanB (Washington)
Posts: 199

Posted:

Yes Roger. This is how a resolution is written. The current situations are listed in the body under the WHEREAS and the THEREFORE contains the changes; according to all the resolutions recorded with our county by our HOA.
These resolutions have been used to change a broad spectrum of things within the HOA from gate card ownership and usage to corporate signing (when a new listing of officers occur each year); creating a non-smoking policy for our clubhouse in conjunction with state law; an increase in our annual membership dues; the adoption of our Minimum Property Standards document; managing community club-owned real property; etc.
The WHEREAS would list items such as WHEREAS our HOA governed by community bylaws written for and approved by the membership and authorized by exisiting state law,
WHEREAS governing documents authorize the Board to manage and supervise operations of the Club as a gated community
WHEREAS gate cards are dispensed by the Club office specifically for the use and convenience of members only
THEREFORE be it resolved that the following policies will henceforth govern the ownership and use of Club gate cards:

When questioned about this type of resolution or action, I was told it wasn't necessary to take this resolution before the membership for a 2/3 vote; that the Board had the power to make these resolutions and act on them. Each resolution is recorded with the county and I still question the action of these. If and when they make, amend or repeal a bylaw or alter the CCRs, shouldn't they require a 2/3 vote by the membership as dictated by our bylaws? Of course. You can't just call it a 'resolution' and ignore what you have done. Right?

RogerB (Colorado)
Posts: 5,067

Posted:

Swan, I would say that if the Declaration or By-laws allow the Board to pass resolutions then they have the authority to do so. However, the Board can not make a resolution in regards to changing the Declaration or By-laws without the specified percentage of the members having approved the amendments.

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