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Resolution Process |
| One of the greatest challenges a Board often
has is working with the existing governing documents to design rules,
regulations and policies that work. The governing documents are often limited in their
scope or simply too difficult to understand. Yet, there are some critical issues
like collections, parking,
pets, architectural
design control, rental restrictions and
rules
enforcement that often need better definition. Amending the documents is
possible but the process is cumbersome, expensive and all members must be
included in the approval process. But, there is method available called the
Resolution Process. Here’s how it works: The governing documents grant the general power to conduct the business and affairs of the association to the Board of Directors. Resolutions provide a systematic procedure to reach, record, promulgate, maintain and administer far-reaching, precedent-setting actions and decisions. Each resolution deals with a specific topic to define the issue and a procedure on how it will be dealt with. Once enacted, it carries the weight of law in the community binding the Board to following its provisions. Resolutions should follow a prescribed format which lists the topic, the Board's authority to deal with it, the details of the policy, date and signature of Board President. See Creation & Use of Resolutions for specific language. There are two kinds of Resolutions: Administrative Resolutions deal with the internal structure and operation of the Association, including but not limited to, responsibilities of committees, financial procedures, and administration of policies and rules. An example of this would be money collection. The procedure for putting a Resolution in place involves the Board creating and circulating a proposed Resolution to association members for at least 30 days for review and written comment. If the subject matter is "Pets" then the Resolution should refer to any sections in the governing documents that deal with the matter, the Board’s authority to make policy, the reason for the resolution and then the specific guidelines for keeping and caring for pets including penalties, if any. The proposal should be as complete as possible taking into consideration challenges that could be expected. If the Resolution is fair and well thought out, circulating it to the members is usually a painless process, often prompting no feedback whatsoever. After the review period is over, the Board should consider any and all input received. If warranted, the Resolution should be revised and again circulated to the members for another comment period if the change is significant. If, however, the members support the first draft, the Board votes at a formal board meeting to approve the resolution. Resolutions can be amended when necessary by following the same procedure. Once approved, the Resolution is referenced in the meeting minutes and becomes enforceable. The adopted Resolution should then be filed in a Book of Resolutions that is maintained by the Secretary. Copies of the Resolution should be distributed to all current and future Association members. The Resolution Process is a great way to deal with thorny issues that need more depth and development than granted by the governing documents. The member review period allows participation into the process. The point that all members have a voice makes Resolutions an effective policy making tool by helping break down that "us versus them" mentality. Resolutions also hold future boards accountable to a standard instead of making up policy on the fly. Take a look at ways you can put Resolutions to work at your community. See sample Resolutions |
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