Resolutions made by Board

A Resolution is a decision of the Board of Directors which is typically formalized into it's own document.

Examples of Resolutions could be Architectural Guidelines, Parking Policies, Procedure to adopt resolutions, enforcement procedures, etc. Basically, any formalized policy or decision by the Board is considered a resolution.

Attached is a list of resolutions/policies (taken from an earlier thread on this forum)an Association should consider adopting if they don't already have one.

Nancy

Do you mean motions that that become Rules and Regulastions Rules and Regulations (R&R's)?

R&R's are used to clarify, set up procedures, etc. R&R's cannot override Covenants/Bylaws but they clarify them. It is not uncommon for a BOD to pass (or try and pass) an R&R that does attempt to override a Covenant/Bylaw especially when it expands their power/control.

One example going around out here now is docs that say no overnight parking of commercial vehicles. The BOD can clarify what is a commercial vehicle via R&R's.

We had an R&R that said the President of the BOD can only vote to break a tie.

R&R's can usually be made and changed by a vote of the BOD with no owner input.

Hope this helps.

Interesting.

The problem is, however, the R&R may be meaningless.

If the president is a director, elected by the homeowners, and if your bylaws give every director a vote, the bylaws prevail and the president has the right to vote on any and every motion regardless of what your R&R says. Furthermore, if you are incorporated and state law gives every director on the board the right to vote under all circumstances, then state law prevails and again, your R&R is meaningless.

Also worthy of note, traditionally, according to standard parliamentary procedure (eg. Roberts Rules) the president, or the chair, in order to preserve the neutrality of the position, always votes last and votes only when his or her vote would make a difference. Thus, if the vote is tied and the president wishes the motion to pass, he/she vote yea. If the vote is tied and the president wishes the motion to fail, he/she doesn't vote at all.