Creating Rules and Regulations

Started by MB8 • 4 replies • 1083 views

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MB8 (Maryland)
Posts: 40

Posted:

I have a question about creating Rules and Regulations. We want to create a rule for trash disposal for our condo development (trash bags should securely ties, cardboard boxes should be broken down, bulk trash etc.) Do we write a resolution for something like this? I am having a hard time understanding if you have to write the rule in the form of a resolution or just write the rule.

KerryL1 (California)
Posts: 14,550

Posted:

In CA, HOA Boards are not required to use resolutions for board decisions about anything including new rules. We make motions and vote. We've only made one formal resolution in the past 2-3 years, but lots of decisions. So, first, are resolutions required in your documents or in MD?

So, in our case someone would write a very clear motion about the trash and have the Board vote on it. The decisions must not contradict any higher ranking governing documents like your CC&Rs or Bylaws. What happens next depends on your state laws. In CA, before enacting it, the proposed rule must be sent out for owners for a 30-day comment period. Then if the board still wants the rule, they vote to put it into effect.

We have a Rules & Regulations handbook, so we'd publicize it to the membership an place it in our Handbook.Your own document sir MD laws will guide you on the procedure.

TimB4 (Tennessee)
Posts: 21,061

Posted:

The rule should be written in the form of a resolution, following your Association procedures for adopting such resolutions.

TimB4 (Tennessee)
Posts: 21,061

Posted:

MB,

I just did an internet search on Maryland HOA Trash Policy and there were several hits that came up. Those policies may help you with the format and, perhaps, provide some suggestions you hadn't considered.

KerryL1 (California)
Posts: 14,550

Posted:

So, MB8, your own docs or your state's statutes should be able to tell you if you must use resolutions. Here's what some HAA attorneys say re CA:

"A resolution is a written motion in a format using "Whereas" and "Resolved." See example. Resolutions are useful in that they force boards to include the rational for their actions.

Formal resolutions are not required by statute--simple motions are sufficient."

Davis-stirling.com -> Main Index -> Meetings.

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