💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

TimB4 (Tennessee)
Posts: 21,059
Posted:
Thought this would be a good topic – explain what the difference is between the governing documents:

Resolutions –
aka Rules and Regulations

This document is the fourth in order of precedent and must be complied with unless it is in conflict with the Bylaws, Articles of Incorporation, the CC&Rs or a State or Federal law.

Resolutions are formal decisions of the Board that are used to clarify generalities in higher precedent documents, establish procedures that are not identified in other documents, create policies, rules and regulations regarding common areas and common elements.

Typical examples of resolutions are the following:
a) Architectural Guidelines
b) Procedures for requesting approval for exterior changes
c) Enforcement procedure / Due process
d) Parking / Towing policy
e) Pool or Clubhouse use policy
f) Rules and regulations for use of common areas or recreational areas
g) Document retention policy
Many, many more

References:

Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations from a management company

Policy Resolutions from a management company

Helpful Tips for Creating HOA Board Resolutions from a management company

25 Important HOA Policies The Board Should Think About from a management company

Community Leadership from the Association of Professional Community Managers
SheliaH (Indiana)
Posts: 6,964
Posted:
I hope the newbies on the website read some (all?) of these references - when you understand how the process is supposed to work, along with reading your documents, I think it can help craft subsequent questions and provide some guidance on how to proceed. Sometimes people get really upset and rush off to court, not thinking the thing all the way through.

Here's a good article from Nolo on HOA rule enforcement - https://www.nolo.com/legal-encyclopedia/can-homeowners-make-the-hoa-enforce-rule.html

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here