Skye Bridge

What is a Resolution? Resolutions are formal documents adopted by the Board of Directors, and published to all Homeowners in the Association. They become a Rule and Regulation of the Association. The Resolution indicates:

• Name of the Association
• Resolution number (if any)
• When the resolution was adopted
• The Governing Documents and State Law that govern the Association
• The state law that provides communities the right to adopt rules
• The section of the Declaration or Bylaws that enables the board to adopt rules
• Any section in the Declaration or Bylaws that enables the Board to create and enforce fines
• Any section of the Declaration or Bylaws that enables the Board the right to enforce rules.
• Any state law requiring the opportunity to be heard.
• Why the Board has adopted the Resolution
• The official adoption of the Board of the Resolution and who is required to follow this Resolution.
• What the resolution states (i.e. fining policy)
• Signatures of adoption by at least two (2) board members.

Why should my Association use a resolution format? Many times, a Board of Directors will create a new rule and list it in the Minutes of the Board meeting. The thought is that Homeowners are able to request a copy of the minutes and therefore, they were informed, right? Some communities even distribute the minutes to all Homeowners via email and/or post them on the Community’s website, with the thought that if Homeowners are interested, they will read them.

Unfortunately, this probably doesn’t meet the Association’s notification requirements as listed in the Governing Documents of the Association. Many Governing Documents, unless amended, or recently created, require hand delivery or mailing of any new rule. (Please review the notice section[s]) of your Community’s Governing Documents.

Additionally, a one or two sentence statement in the minutes, doesn’t provide the depth, knowledge, or detail of a resolution. A resolution is a set format that allows for all rules, and penalties for breaking them, to be explained.

What is an Example of a Resolution?

To obtain a copy of an example Resolution, please contact your managing agent or your Association’s legal counsel.

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Summary: Rules and Regulations of the Association should be created and adopted through a resolution process. The formal resolution should then be mailed (or emailed, if electronic notice is permitted in your Community Association), to all Homeowners of Record. This document should also be included in a part of any Resale packages and welcome packages for the Association.