The governing documents are in place to give your board a solid reference and a basis for every decision that is made during meetings. However, sometimes these documents can be ambiguous, outdated, or incomplete. One of the board’s main responsibilities is creating resolutions to solve these basic problems and to keep your association running smoothly. Here is everything you need to know about resolutions and the process for creating them.
Types of Resolutions
A resolution is a separate document created by board members that is an official statement in writing that supports or adds weight to any decision or action made by the board. Resolutions are necessary to legitimize the operations of the board. There are three main types of resolutions which we will look at below.
At times the governing documents can be inconclusive about certain important issues. In the event that the documents do not give enough information to guide the board in a decision, it may be necessary to implement a policy or interpretive resolution. These resolutions work to clarify vague portions of the documents.
Administrative or procedural resolutions focus on the inner workings of the board. They can help clarify proper procedure for elections, plans for board meetings, or procedures regarding application for use of common spaces.
Occasionally, it may be necessary to add a rule that is not already present as part of the rules and regulations. These rules can be voted on and adopted from the resolution process.
Creating New Resolutions
When it comes to creating new resolutions, board members should be prepared to do their due diligence to make sure that the resolution is created properly. Be sure to take all of the proper steps.
Be in Conformity With Laws
Before going any further with the process, it is imperative to ensure that you are in conformity with all state and local laws in your new resolution.
Be in Conformity With Governing Documents
Next in importance is your resolution’s conformity with existing governing documents. At this stage in the process, your board will want to double check that the resolution does cause your board to step out of the bounds of its allowed power and responsibility.
Involve the Whole Board
It will be crucial to involve the whole board in the decision and creation of the resolution. Differing perspectives will help you to draft a strong document, and will help everyone to feel involved in the process.
Take an Official Vote
Following the drafting of the resolution, you will need to take an official vote during a board meeting to formally initiate the resolution.
Notify Homeowners if Necessary
In most cases, it will be important to notify the homeowners of the change or addition. Take the time to make copies and mail it to all of the owners, or to send it out in an email.
Resolutions can be a great way to improve the functionality of your governing documents. Be sure to follow the proper procedure when adopting a new resolution, and involve everyone to create the strongest resolutions possible.