CCR versus rules and regulations

There is a difference between CC&Rs and resolutions (rules/regs).

Typically, resolutions are formalized decisions of the Board. They institute polices or establish procedures. Architectural Guidelines, procedures for collecting assessments and rules/regs regarding common areas are just some examples of resolutions. Attached is a list of the many policies (resolutions) an Association should consider having (I had saved this from an earlier post).

Rules and Regulations typically apply only to common areas or common amenities.
If the CC&Rs say you can't have a clothesline, then there is no need to adopt a rule that says you can't have a clothesline. However, if there is a covenant that says you can't park commercial vehicles in the development, a resolution that better defines what the Board considers a commercial vehicle is would be a good thing to have.

If your Association doesn't have a procedure on how to adopt resolutions, I would suggest that you adopt that first. For example, our procedure goes like this:

1) Proposed resolution is provided to the board and attached to the minutes.
2) Board has a minimum of 10 days to review proposed resolution before discussion and changes can begin.
3) Once a final draft is agreed upon, that draft is sent to the membership and a general membership meeting is called for members feedback (no voting, just an opportunity for the membership to offer comments, ask questions or raise concerns).
4) At the next board meeting, the Board considers the comments made by the membership and makes changes based on those comments.
5) Board votes if a legal opinion on the resolution is needed or not.
6) If legal opinion is sought, Board makes any changes based off of legal review.
7) Final Proposal is prepared, voted on and, if adopted, signed by all members of the Board.
8) Adopted Resolution is printed and delivered or mailed to every member.

It's a long process but it ensures that the membership has an opportunity to be heard prior to adoption and keeps each board from adopting changes at their whim without going through the process.

Hope this helps,

Tim

Oops, forgot to include that list.

Here it is.

See Subject: Policies and Procedures