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DonnaR5
Posts: 162
Posted:
Do committee charters need to be written in the form of resolutions, and treated as resolutions? Our property manager has supplied sample committee charters written as resolutions, but this is the only time I've seen this. What's the law and / or rationale? I would think that it would be sufficient to approve a charter as a board action.
TimB4 (Tennessee)
Posts: 21,059
Posted:
A resolution is nothing more than a decision of the board formalized in a written document. A decision is simply recorded in the minutes. A Resolution becomes part of the governing documents.

In my opinion, I do believe it's best to have committee charters in the form of a Resolution. It gives more formality to the document and what is expected of the committee for everyone. Our Association has divided the resolutions into three groups:

Policy - Things that directly affect the membership (Examples: parking plan, architectural guidelines, enforcement, etc.)

Administrative - Procedures internal to the association. (Examples: Collection of Assessments, Disclosure Packages, etc.)

General - One time decisions that we feel need to be formalized for better documentation. (Examples: Appointments to the Board, Special Assessments, etc.)

I'm currently working on a charter for our stormwater management committee. We are considering it an administrative resolution.

If you are willing to share one or two of the examples you have, it would be helpful to me. You may post them here or e-mail them to me: [email protected]

MikeS1
Posts: 521
Posted:
We were just through this process recently. Our new charters are not resolutions. They stand on their own. I do not really see why that they have to be resolutions.
The charters just define the responsibilities of the committees.
KerryL1 (California)
Posts: 14,550
Posted:
Our Mgmt. Co. (MC) also provided us with sample charters some years ago when they began their contract with our HOA. As a Board, we tweaked each one re: the committees duties to suit our HOA and approved them as Board actions not as resolutions.

Since then some of them have been revised at Board approval usually upon the request of the various committees. We also have approved these revisions as Board actions not as resolutions. The minutes refer to the comittee charter by names and they are distributed to the committees every year upon their members' (re)appointment, an sent to members who join committees (upon board approval) mid-year.

So I'd say that unless VA requires resolutions for the formation, etc. of Committees, your HOA may treat them however they wish.
KerryL1 (California)
Posts: 14,550
Posted:
Our Mgmt. Co. (MC) also provided us with sample charters some years ago when they began their contract with our HOA. As a Board, we tweaked each one re: the committees duties to suit our HOA and approved them as Board actions not as resolutions.

Since then some of them have been revised at Board approval usually upon the request of the various committees. We also have approved these revisions as Board actions not as resolutions. The minutes refer to the comittee charter by names and they are distributed to the committees every year upon their members' (re)appointment, an sent to members who join committees (upon board approval) mid-year.

So I'd say that unless VA requires resolutions for the formation, etc. of Committees, your HOA may treat them however they wish.

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