Procedures/Rules and Regulations

MB8 (Maryland)
Posts: 40

Posted:

My Condo development is a gated community that requires us to use a gate remote for vehicles to enter. We also have a pedestrian gate on the side of the development which requires a key for entry. Some residents/pedestrians are pulling open the motorized gate to enter and exit the community instead of using the pedestrian gate. We want to create an entry procedure because the motorized gate is being damaged from residents pulling it open. Would a resolution have to be drafted and attach the procedures? I am having a hard time figuring out the difference between resolution, policy, procedure, and rules and regulations. Are these all the same? Any guidance would be greatly appreciated.

SheliaH (Indiana)
Posts: 6,964

Posted:

Here’s something from a seminar I attended long ago:

A board resolution is a motion that follows a set format and is formally adopted by the board. Resolutions may enact rules and regulations or formalize other types of board decisions. Generally, there are four kinds

• Policy – these affect owner’s rights and obligations, such as rules for the use of the common areas or architectural guidelines

• Administrative – these affect the internal operations of the HOA, e.g. when board meetings are held

• Special – document board decisions that apply a policy or rule to a specific situation, e.g. a decision about a rule violation

• General – address routine actions, such as approving the annual budget

Regulations are a set of rules with legal connotations – they control certain procedures

Rules mandate specific conduct in specific situations and are used to restrict certain procedures

A policy is a guiding principle that gives directions to an organization’s managers (the board in this case)

Procedures are specific instructions that tell the members what to do and how.

So the board may make a resolution establishing a rule for use of these gates and adopt procedures on how the rule will be enforced. READ YOUR DOCUMENTS to see whether the board has the authority to establish rule - it probably does, provided the rules don't contradict the CCRs and Bylaws (which of course, can't contradict local, state or federal law).

Now, let's get to the fun part - how exactly do you intend to enforce this rule? Set up a camera to monitor the area? How do you identify which homeowner is responsible? What do you do if the culprit is a visitor – how will you find out who he/she/they were visiting? And what will you do to the homeowner – send a nastygram? Issue a fine (which brings up other problems)?

Don’t overthink this too much – maybe you need to consider if the gate is really necessary. Perhaps you can get a security guard that can control entry and exits (get rid of the pedestrian gate). Yep, it’ll cost more, which is why you may want to poll the homeowners first - If the association has had to pay for repairs, let the homeowners know how much and tell them why the rule’s being enacted. Have fun!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MB8 on 05/01/2016 5:29 PM
My Condo development is a gated community that requires us to use a gate remote for vehicles to enter. We also have a pedestrian gate on the side of the development which requires a key for entry. Some residents/pedestrians are pulling open the motorized gate to enter and exit the community instead of using the pedestrian gate. We want to create an entry procedure because the motorized gate is being damaged from residents pulling it open.

What is the benefit of a gate that anyone may pull open?

It sounds like some people wish to enter through the front instead of using the side entrance. Why is there no pedestrian entrance at the front?

MB8 (Maryland)
Posts: 40

Posted:

We have 2 pedestrian gates. One is located in the front of the development next to the motorized gate. Most of the people we've caught are teenagers that live here. We've had mgt. send notices and posted messages on our message boards but it keeps happening.

MB8 (Maryland)
Posts: 40

Posted:

Quote:

Posted By SheliaH on 05/01/2016 8:31 PM
Here’s something from a seminar I attended long ago:

A board resolution is a motion that follows a set format and is formally adopted by the board. Resolutions may enact rules and regulations or formalize other types of board decisions. Generally, there are four kinds

• Policy – these affect owner’s rights and obligations, such as rules for the use of the common areas or architectural guidelines

• Administrative – these affect the internal operations of the HOA, e.g. when board meetings are held

• Special – document board decisions that apply a policy or rule to a specific situation, e.g. a decision about a rule violation

• General – address routine actions, such as approving the annual budget

Regulations are a set of rules with legal connotations – they control certain procedures

Rules mandate specific conduct in specific situations and are used to restrict certain procedures

A policy is a guiding principle that gives directions to an organization’s managers (the board in this case)

Procedures are specific instructions that tell the members what to do and how.

So the board may make a resolution establishing a rule for use of these gates and adopt procedures on how the rule will be enforced. READ YOUR DOCUMENTS to see whether the board has the authority to establish rule - it probably does, provided the rules don't contradict the CCRs and Bylaws (which of course, can't contradict local, state or federal law).

Now, let's get to the fun part - how exactly do you intend to enforce this rule? Set up a camera to monitor the area? How do you identify which homeowner is responsible? What do you do if the culprit is a visitor – how will you find out who he/she/they were visiting? And what will you do to the homeowner – send a nastygram? Issue a fine (which brings up other problems)?

Don’t overthink this too much – maybe you need to consider if the gate is really necessary. Perhaps you can get a security guard that can control entry and exits (get rid of the pedestrian gate). Yep, it’ll cost more, which is why you may want to poll the homeowners first - If the association has had to pay for repairs, let the homeowners know how much and tell them why the rule’s being enacted. Have fun!

Yes our CCRa and Bylaws allow us to create rules.

There is a camera attached to our clubhouse that monitors the front gate. I'm not sure how we would determine if it is a visitor.

I know that the residents here do not want to get rid of the gate because someone already suggested that. He gate has been damaged numerous times by vehicles and from people pulling it open to get out. I think a lot of people are renters and the unit owner either never provided them with a key to the pedestrian gate key, or the parents of these kids didn't get an extra key for them to use.

It's a huge mess and to make matters worse, we are a small condo community that consist of 2 HOAs so it's a challenge trying to get the other Boad to be proctive like we are. Sigh....

MB8 (Maryland)
Posts: 40

Posted:

Quote:

Posted By SheliaH on 05/01/2016 8:31 PM
Here’s something from a seminar I attended long ago:

A board resolution is a motion that follows a set format and is formally adopted by the board. Resolutions may enact rules and regulations or formalize other types of board decisions. Generally, there are four kinds

• Policy – these affect owner’s rights and obligations, such as rules for the use of the common areas or architectural guidelines

• Administrative – these affect the internal operations of the HOA, e.g. when board meetings are held

• Special – document board decisions that apply a policy or rule to a specific situation, e.g. a decision about a rule violation

• General – address routine actions, such as approving the annual budget

Regulations are a set of rules with legal connotations – they control certain procedures

Rules mandate specific conduct in specific situations and are used to restrict certain procedures

A policy is a guiding principle that gives directions to an organization’s managers (the board in this case)

Procedures are specific instructions that tell the members what to do and how.

So the board may make a resolution establishing a rule for use of these gates and adopt procedures on how the rule will be enforced. READ YOUR DOCUMENTS to see whether the board has the authority to establish rule - it probably does, provided the rules don't contradict the CCRs and Bylaws (which of course, can't contradict local, state or federal law).

Now, let's get to the fun part - how exactly do you intend to enforce this rule? Set up a camera to monitor the area? How do you identify which homeowner is responsible? What do you do if the culprit is a visitor – how will you find out who he/she/they were visiting? And what will you do to the homeowner – send a nastygram? Issue a fine (which brings up other problems)?

Don’t overthink this too much – maybe you need to consider if the gate is really necessary. Perhaps you can get a security guard that can control entry and exits (get rid of the pedestrian gate). Yep, it’ll cost more, which is why you may want to poll the homeowners first - If the association has had to pay for repairs, let the homeowners know how much and tell them why the rule’s being enacted. Have fun!

We were thinking about establishing procedures for entering the development which would include how to use the call box, how pedestrians should enter using the pedestrian gate etc. does that make sense?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MB8 on 05/01/2016 9:26 PM
We were thinking about establishing procedures for entering the development which would include how to use the call box, how pedestrians should enter using the pedestrian gate etc. does that make sense?

None of this makes any sense.

You have a gate to keep non-residents out but if they pull on it they will get in.
When they pull on the gate it causes damage that must be paid for by the owners.
Residents who should have keys to the pedestrian gates do not have them.
Instead of distributing keys to the gates to the residents, the association continues to pay for damage caused by those who enter without keys.
You have a security camera that records the damage but cannot identify the culprits.
And the solution to all the above problems is to pass a board resolution.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By LarryB13 on 05/02/2016 9:40 AM

Posted By MB8 on 05/01/2016 9:26 PM
We were thinking about establishing procedures for entering the development which would include how to use the call box, how pedestrians should enter using the pedestrian gate etc. does that make sense?

None of this makes any sense.

You have a gate to keep non-residents out but if they pull on it they will get in.
When they pull on the gate it causes damage that must be paid for by the owners.
Residents who should have keys to the pedestrian gates do not have them.
Instead of distributing keys to the gates to the residents, the association continues to pay for damage caused by those who enter without keys.
You have a security camera that records the damage but cannot identify the culprits.
And the solution to all the above problems is to pass a board resolution.

Agree with Larry. You can lead a horse up to water, but you can't make him drink.

Sikubali jukumu. Read all posts at your own risk.

MB8 (Maryland)
Posts: 40

Posted:

Quote:

Posted By LarryB13 on 05/02/2016 9:40 AM

Posted By MB8 on 05/01/2016 9:26 PM
We were thinking about establishing procedures for entering the development which would include how to use the call box, how pedestrians should enter using the pedestrian gate etc. does that make sense?

None of this makes any sense.

You have a gate to keep non-residents out but if they pull on it they will get in.
When they pull on the gate it causes damage that must be paid for by the owners.
Residents who should have keys to the pedestrian gates do not have them.
Instead of distributing keys to the gates to the residents, the association continues to pay for damage caused by those who enter without keys.
You have a security camera that records the damage but cannot identify the culprits.
And the solution to all the above problems is to pass a board resolution.

Let me see if I can explain this better:

Main Gate: motorized entry and exit gates for vehicles. Each resident has a gate clicker.

Pedstrian Gate: the pedestrian gate is right next to the motorized gate. It is for all residents/just who are entering and exiting the community on foot. The pedestrian gate requires a key to get in and get out.

Lately, we've seen mostly teenagers and a few adults who actually lived here, pulling on the motorized front gate to get out of the community. Most of the offenders are renters.

We have already sent notices to every homeowner, investor, and tenant notifying them not to pull on the motorized gate and if they need a pedestrian gate key to contact the management company. We are also hosted notices at the front entrances to all of our buildings. Unfortunately none of this has not worked. We do have a camera that records the front gate, but if you don't know the person how are we supposed to identify which unit they live in?

That is our dilemma. Hopefully that clears up a lot of things lol

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MB8 on 05/02/2016 3:47 PM
We have already sent notices to every homeowner, investor, and tenant notifying them not to pull on the motorized gate and if they need a pedestrian gate key to contact the management company.

They are not the ones with the problem; they know how to open the gate without a key. Why isn't your management company being pro-active and go out banging on doors, asking if they need keys for the pedestrian gate?

Quote:

We do have a camera that records the front gate, but if you don't know the person how are we supposed to identify which unit they live in?

OMG! You have no clue as to who lives there and in what unit! What has your worthless management company been doing? If the management company knocked on doors they would know who lives there and who does not. How is it possible that no one knows who belongs there and who is a trespasser? Why does your board permit this to continue?

As I said before, none of this makes any sense.

MB8 (Maryland)
Posts: 40

Posted:

Quote:

Posted By LarryB13 on 05/02/2016 5:38 PM

Posted By MB8 on 05/02/2016 3:47 PM
We have already sent notices to every homeowner, investor, and tenant notifying them not to pull on the motorized gate and if they need a pedestrian gate key to contact the management company.

They are not the ones with the problem; they know how to open the gate without a key. Why isn't your management company being pro-active and go out banging on doors, asking if they need keys for the pedestrian gate?

Quote:

We do have a camera that records the front gate, but if you don't know the person how are we supposed to identify which unit they live in?

OMG! You have no clue as to who lives there and in what unit! What has your worthless management company been doing? If the management company knocked on doors they would know who lives there and who does not. How is it possible that no one knows who belongs there and who is a trespasser? Why does your board permit this to continue?

As I said before, none of this makes any sense.

The mgt. company has the names of unit owners and tenants. We require the investor to submit a leasing application. The problem is, If someone sees a kid pulling on the motorized gate, they will call mgt to report it but how is someone supposed to know exactly who the offender is? They may know the bldg that person lives in, but not the unit number. There are 4 different buildings here and as much as the 2 boards try to have community events so that people can get to know each other, they won't come out. I will say that your comments have motivated me to light a fire under my mgt company to get a handle on this situation.

SheliaH (Indiana)
Posts: 6,964

Posted:

Since the gate has been damaged numerous times and no one seems to want to get rid of it or follow instructions, it would appear your best option would be to raise the fees accordingly to pay for future repairs. Go ahead and establish your rules, but tell the homeowners that if there is no improvement in say, six months, the fees go up to pay for that - or the board will consider getting rid of it altogether.

Getting rid of the thing may require a homeowner vote (check your documents), but even if it doesn't polling the homeowners is a good idea. They either continue to pay the cost every time some knucklehead is too lazy to do the right thing, or pay more for a security guard who can regulate entry (which will likely cost more) or....change their damn behavior and make sure their guests do the same! Show everyone the figures and frequency of repairs to drive home your point and then let's see how they react.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MB8 (Maryland)
Posts: 40

Posted:

Quote:

Posted By SheliaH on 05/02/2016 7:53 PM
Since the gate has been damaged numerous times and no one seems to want to get rid of it or follow instructions, it would appear your best option would be to raise the fees accordingly to pay for future repairs. Go ahead and establish your rules, but tell the homeowners that if there is no improvement in say, six months, the fees go up to pay for that - or the board will consider getting rid of it altogether.

Getting rid of the thing may require a homeowner vote (check your documents), but even if it doesn't polling the homeowners is a good idea. They either continue to pay the cost every time some knucklehead is too lazy to do the right thing, or pay more for a security guard who can regulate entry (which will likely cost more) or....change their damn behavior and make sure their guests do the same! Show everyone the figures and frequency of repairs to drive home your point and then let's see how they react.

Thanks Sheila. I'm going to take your advice. We have discussed leaving the gates open but some people have this false perception that a gate will keep crime out.