What Is A HOA Board Resolution?

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The HOA board has the power to oversee the community’s policies and make decisions on behalf of the association. They can enact these changes by using an HOA board resolution.

What Is an HOA Board Resolution?

HOA resolutions are formal statements made by the board that affect the community. They are usually written to reflect the board’s decisions on specific issues. Moreover, they may affect the community’s policies and smaller rules. 

A board resolution typically states its purpose and actions that must be taken. They are often related to the board’s operations. Generally, there are three types of HOA board resolutions:

  • Administrative. These procedural resolutions involve internal processes such as meeting procedures, architectural review applications, common area use applications, and elections. For example, the community may implement a reservation system to prevent the gym from overcrowding.
  • Policy. These resolutions clarify the community’s rules and regulations to help the board decide on specific issues. For instance, the resolution may specify what paint colors are not allowed for home exteriors. 
  • Special. These resolutions arise after a specific situation is not addressed in the community’s governing documents. For example, it may address recent unruly behavior during a meeting and establish a code of conduct. It’s often best to seek the help of HOA attorneys to make these resolutions. 

Board Resolution vs HOA Amendment

What is the difference between a resolution and an amendment in HOA? As a homeowner, you may know that the board and community members must abide by a set of governing documents. These include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, articles of incorporation, and rules and regulations.

The governing documents legally bind the homeowners, but that does not mean they are unchangeable. HOAs can usually amend the governing documents to reflect the community’s evolving needs and beliefs. 

You might think that there’s no difference between amendments and board resolutions. After all, don’t they both alter the community’s rules, policies, and operations? However, they are very different. 

For one thing, an HOA board resolution cannot go against the governing documents. It only clarifies ambiguous rules or establishes procedures not addressed in the CC&Rs or bylaws. A resolution may also memorialize minor board decisions or address resident concerns.

Meanwhile, amendments are changes to the governing documents. They may go against the community’s previously established rules and procedures. HOAs often amend the governing documents to remove outdated restrictions, modernize existing laws, or comply with new regulations. 

How Do You Create a Board Resolution for an Association?

There may not be a universal HOA board resolution template, but there are ways HOAs can consistently create a reliable, clear, valid board resolution. Here are some steps you can take to form your very own HOA resolution.

1. Check HOA Laws

While HOA boards have the authority to make changes within the community, they can never go against federal laws. For instance, the Fair Housing Act prohibits HOAs from discriminating against homeowners and buyers based on gender, sex, color, race, religion, national origin, disability, and familial status. 

In addition, HOAs cannot enact rules that violate state and local legislation. Different states will have different laws on various topics. Some states may impose a percentage limit regarding assessment increases, while others do not. It’s important to consult with an HOA attorney before you sign off on anything. 

2. Check the Governing Documents

HOAs can never go against the governing documents (unless they violate the law). Make sure to double-check the provisions in the community’s documents to make sure that the board remains compliant. The governing documents will take precedence should there be any conflict. 

3. Hold a Discussion

All board members should be involved in the decision-making process for board resolutions. This will ensure that the HOA considers the different sides of an issue. Moreover, the board must ask specific questions before they write the resolution. Ask questions such as:

  • How will the board enforce the resolution?
  • Why is this resolution necessary?
  • How will the board communicate these changes to the community?

In addition, it’s usually a good idea to involve the homeowners before you pass a resolution. Consider holding an open board meeting to get the residents’ feedback. Give the homeowners a copy of the draft resolution and allow them to weigh in on the subject. This will help the board further refine the resolution. 

4. Draft the Resolution

Drafting the resolution usually happens simultaneously with the discussion. A good board resolution should include the following elements:

  • The resolution’s purpose and effective date
  • A clear statement of the decision or policy being addressed
  • Specific actions the board will take to address the issue
  • The board’s authority to make the resolution
  • A record of the board’s vote

5. Take a Vote

A meeting with a quorum should be held to take an official vote on the resolution. An HOA board resolution typically only requires a majority vote from the board. Once voted, the resolution is formally initiated. 

6. Inform the Homeowners

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Homeowners should know that a new board resolution has been passed to ensure compliance. Ensure the residents know about all the changes and additions to the community’s rules. It might be helpful to mail a copy to all the residents. You can also use technology by sending the resolution via email, text, or social media. 

7. Enforce the Resolution

After informing the homeowners, the board can enforce the HOA board resolution by following the community’s regular enforcement procedures. However, remember to enforce the rules equally and beware of selective enforcement. 

Resolutions Benefit Communities

Running a community can be difficult if there are no rules in place to create order or foster equality. To ensure that communities run smoothly, the board members can create an HOA board resolution to refine the rules and create new regulations to benefit the community.

88 Doors provides exceptional HOA management services to neighborhoods around Texas. Call us now at (512) 348-8821 or contact us online to learn more!