HOA board volunteers choose the best and most efficient ways to govern. Creating resolutions is one common method for amending documents that establish policy or set rules. By addressing the who, why, what, and how, a resolution is a formal record of a board decision. HOA board resolutions should adhere to federal and state law, provide details, and, once adopted, should be consistently enforced. For volunteer boards, it is important to understand the definition and process of board resolutions.
What is an HOA Board Resolution?
In simple terms, HOA board resolutions are formal statements regarding the association's policies. An HOA board resolution includes the following:
- The source of the board's authority to create the resolution.
- Enough detail for readers to understand the purpose and meaning of the resolution.
There are generally three types of resolutions:
Of the three, a policy resolution affects a member's rights and obligations. Administrative resolutions typically apply to internal matters and special resolutions usually reference an individual situation. Resolutions may change with new boards or need to be updated due to new ordinances or laws. It is important to note that HOA resolutions do not require a membership vote; however, seeking member feedback and input about proposed resolutions is highly recommended.
Steps for Creating HOA Board Resolutions
Here are several tips that outline the process for creating HOA board resolutions:
1. Review Current Laws
The first important step as you get started is to review current federal and state laws. Carefully check to ensure that no laws will be violated with the new resolution. This step is crucial to the overall success of the resolution.
2. Ensure Authority
Review the association's community documents to ensure the board has the authority to make new resolutions. Reference the law that allows the authority in the beginning of the resolution.
3. Conduct Research
Discuss details of the resolution with board members. Ask specific questions, such as why the resolution is being proposed and how it will be enforced. Conduct enough research that board members remain dedicated to developing the resolution.
4. Develop a Draft
Follow a general format of a previous board resolution to develop a draft. Begin by listing the law or bylaw that provides the board with the authority to create the resolution. Next, go into specifics about the resolution, including plans for enforcement.
5. Solicit Feedback
Distribute the draft among community members. Providing members with an opportunity for suggestions and questions helps to make them feel included in the process.
6. Vote to Adopt
After the feedback period, ends and all community input has been considered, it is time to vote. If the resolution passes, it must be signed by board members and dated.
7. Consistently Enforce
The resolution was drafted and adopted for a purpose and now that purpose must be enforced. This must be done consistently in order for the resolution to be taken seriously by association members.
Seek Professional Guidance
HOA board resolutions are helpful when a board feels a new rule or a clarification is needed. The step-by-step outline is also helpful for board members in learning whether the resolution is important enough to continue the process. While HOA board resolutions are easier to adopt than amending bylaws, their creation, adoption, and enforcement will eventually affect all association members in some way. Resolutions must be created correctly with careful consideration given to the details and enforcement. Seeking professional guidance is paramount to understanding and successfully developing board resolutions. Consulting with a provider of HOA management services is the best way to start off on the right foot when it comes to board resolutions that best benefit your association.