Can we become overly worried about litigation.

We are in the process of the required annual review of our resolutions. I wanted to rescind some resolutions and replace them with other similar resolutions such as expanding a definition and other in my opinion minor changes. One Board Member who is notorious for talking would not vote for any change of resolution. His concern was that a member may sue us if we tried to enforce the resolution. He thought that all resolutions should first go by our lawyer. I am going to send about three new resolutions to our lawyer more to calm his fears than for any other reason.

I will take the advise of our lawyer, If the lawyer states the resolutions are fine as written I can then let this Board member know that the resolution(s) are lawyer approved.

Our meeting lasted 1 and 1/2 hr this evening and I think this Board member spoke for 30 to 45 minutes of the meeting. I wish I knew how I could control him better. He did say after his term which ends this year, he will no longer be on the Board.

I said something that he disagreed with but I said exactly what he was saying. One of the other members told him "That is what she said". Things like this happen frequently with this member.

Yes I am still President. I have about 2 and 1/2 more years for my term and than I am not planning on putting my name for re-electon.

And I agree with you, I don't think we should have to pay an attorney. But to keep this member happy and get (in my opinion) needed changes we will be paying a lawyer. This director is the treasurer and is great with our money. But I for one will be happy we he is no longer on the Board.

A resolution is basically a Board decision written so that everyone including those who become members after the decision has been made is away of the decision.

I will briefly explain a couple of resolutions. Members are not to interfere with contractors doing work for the Association. According to the resolution as written the consequence of a member interfering is an injunction against the member. I wanted to remove the requirement for an injunction against the member since in my opinion paying a lawyer is more expensive that paying a small amount a member's interference may cause the Association.

Another resolution limits the storage allowed in an owner's garage space to three feet in front of the wall. I wanted to expand on this so that someone who does not either own or occupy a unit in the building can not store a recreational vehicle in the garage space. I also wanted to clarify that a small motorized vehicle could be stored in the garage space as long as the small motorized vehicle and car stay within the lines of the space.

The Board member who gave the problems seemed to praise the previous President and her husband who was also on the Board in 2012 when we began to pass resolutions. He said they got "forced out". which they did not. The members voted to re-elect them by a very small margin. They both resigned immediately after the annual meeting that year. Both giving word for word the same reason for resigning. At that time there were only three on the Board-this couple and myself. This director does not have much of an idea of the problems this couple caused. For example having me call the PM to return one evening to pick up a beer can. Which I did. The PM came picked up the beer can, they came to my door to tell me he picked up the beer can but missed his family time. Later she accused me of lying about calling the pm to pick up the beer can and said she couldn't work with liars. Of course I refrained myself from bringing that up at the meeting tonight. That is just one of the many problems she caused. We almost lost a good book keeper because of her brash ways.

Don't worry about anyone suing until they actually do it. Besides, just because someone sues doesn't mean they'll win. What you need to do is make sure you have processes in place and everyone is educated about the rules in advance - sure some people won't like them, but they may be the type who'll bitch and moan about everything. Suing and threatening to sue is part of HOA life - you can't avoid it, but you can prevent a lot of drama by simply applying careful thought and debating the issue. Not to mention reading your documents first to ensure you don't enact a resolution that contradicts them or is downright illegal

It can get expensive running to the attorney for every little thing - what your board needs to do is make sure EVERYONE reviews the documents. I know MelissaP1 has said she used to bring a copy to every meeting so people didn't have to fly by the seat of their pants. It's not so much about knowing them chapter and verse, but you should have a pretty good idea of when the board can establish a resolution on an issue as opposed to changing something in the CCRs which require a homeowner vote.

It may also be this board member is overthinking too many things. Before the board enacts a resolution, there should have been some discussion and careful thought applied to the issue before it was proposed. In some cases, you might want to poll the homeowners first (we're having a problem with X and there's been discussion on resolving the problem by doing A, B or C - what's your opinion). If you've done all of that and told the homeowners the history of the resolution and what it's trying to resolve you should be ok.

Very well said! It seems the safest way to change the rules is to simply take a community vote on the issue. As long as it is not breaking any Federal or State Laws, most Owners should be happy with the outcome.

The decision about what gets sent to the lawyer for review belongs to the board, not you or the other director.

As far as liability is concerned, your docs probably say something to the effect that the board can rely on a lawyer's opinion. Some will feel safest when that's done all the time. Other's will think it's a waste. They'll keep each other in check.

Thanks for the examples, Bonnie. Here is one of yours: "Members are not to interfere with contractors doing work for the Association. According to the resolution as written the consequence of a member interfering is an injunction against the member."

We have a similar rule and if residents break it, corroboration (witness) required, the Owner of the unit is called to a hearing and faces a possible $50 fine. This would be for a second incident with the resident having been warned with a letter following the first incident. No need for the expense (I assume) of an injunction. I see no need for an Owner vote on this; as you point out the board is elected to handle these matters.

Here is your second example, Bonnie, but it's really more than one and requires more than one motion and decision/resolution, IMO: #1"...limits the storage allowed in an owner's garage space to three feet in front of the wall." This appears fine as it stands. No need to mess with this unless the fire marshall does not want anything stored in front of the parking spaces. Again, I see no reason for Owners to vote on this.

This seems to me to be a separate motion & issue: #2 "... someone who does not either own or occupy a unit in the building can not store a recreational vehicle in the garage space." Our CC&Rs, Bonnie, don't permit any non-residents to store anything or keep any vehicles in our garages. Are you sure yours don't say something similar? If you feel you must have a rule or resolution about this, why not cover all the bases and have it state that non-resident aren't permitted to store any items, including motorized vehicles in the [HOA name] garage.

#3: "I also wanted to clarify that a small motorized vehicle could be stored in the garage space as long as the small motorized vehicle and car stay within the lines of the space." Again, Bonnie, this would be a separate rule or resolution. Our CC&Rs say only one vehicle per parking a space, but we added a rule permitting one personal shopping cart. No need for Owner feedback to allow a small motorized device. Our rule about just the one vehicle per space says that nothing may extend over the boundaries of the parking space including side view mirrors.

I think you should save your Owners' $$, and not spend it on an attorney's opinions on these matters. Do you pay your attorney an annual retainer? Does it include phone calls? If so, why not phone or have your prop. mgr. (PM) phone for quick answers to these questions.

This seems to me to be a separate motion & issue: #2 "... someone who does not either own or occupy a unit in the building can not store a recreational vehicle in the garage space." Our CC&Rs, Bonnie, don't permit any non-residents to store anything or keep any vehicles in our garages. Are you sure yours don't say something similar? If you feel you must have a rule or resolution about this, why not cover all the bases and have it state that non-resident aren't permitted to store any items, including motorized vehicles in the [HOA name] garage.

#3: "I also wanted to clarify that a small motorized vehicle could be stored in the garage space as long as the small motorized vehicle and car stay within the lines of the space." Again, Bonnie, this would be a separate rule or resolution. Our CC&Rs say only one vehicle per parking a space, but we added a rule permitting one personal shopping cart. No need for Owner feedback to allow a small motorized device. Our rule about just the one vehicle per space says that nothing may extend over the boundaries of the parking space including side view mirrors.

Three separate decisions sound good to me. I will work on separating. Do you think numbering the resolutions such as #1 #1A #1B would be acceptable.

WADR, it is that line of thinking that supports why this very thing should be done. Why do so many Boards think they have more of a vested interest in their homes, then any other home owner? Boards are elected to support the betterment of their communities, it is only when power rears its ugly head, that things start to go south. After dealing with HOAs for close to 30 years, I have learned two very important things.

1. Favoritism has no place in a Community.
2. The more Community involvement, the less stress on the BOD. It is very hard for a Member to get upset, when everyone else in the community knew exactly what was going on, and had a chance to voice their opinion.

Well, Bonnie I just broke down your general topic of the garage into separate agenda items. They will be on your agenda wherever it makes sense and with whatever number or letter makes sense. You'll discuss the details at the meeting.

did you ver look to see if nonresidents may use your garage s for storage? should be in your CC&Rs. Also there, most lily is where it says the Board has the authority to make rules about the garage and other common areas.

I recall you have a prop. mgr. (PM) Can't he help write the agenda?? I also see no reason why any Owner would object to your agenda items. I believe you'll find the materials about motions, resolutions, etc in your bylaws.

Meantime, It might help me & others if you could keep the personal interactions between various individuals out of these posts. Your points of substance will be clearer that way.

You could, for instance, under New Business, which is perhaps V:

1. Forbid Non Residents Storing Anything in the Garage
2. Permit Storage of Small motorized Vehicles in Garage parking Spaces.
3. Changing Current Policy of Injunction Against Residents who Interfere with Vendors to Potential Fines for Such Behavior

Your Board would vote on each at an open meeting so Owners know what's going on. (In CA, the Board must send these new rules out for a 30-day Owners comment period, and then the board makes its final vote at the next meeting.)

If one director (of 3?) wants to get your attorney's opinion on each of these, he needs a majority vote of your board. To my mind, none you mention suggest the need for a attorney's opinion.

sorry, Dan, I seem to disagree with you re: this particular agenda items, but I also don't know what WADR means.

I have read through our documents many times and I don't remember anything preventing a non-owner, non-occupant from using the parking garage. Of course it never hurts to review.

I am quite certain our documents give the Board the authority to pass resolutions. I will just have to review them to get the exact place this is mentioned in our documents.

I like your idea of giving members 30 days to review resolutions before a resolution is voted on by the Board. I plan to implement that as soon as possible. Our PM would distribute the proposed resolutions to our members.

Our agenda always has an item for a PM report.

We now have 5 directors. According to the first resolution that was made we can not pass any resolution unless all the Board members agree to the resolution. Thus one member can prevent a resolution form being made or amended. It just takes a majority of the Board to rescind a resolution.

I agree Bonnieg1, HOAs are truly not a "one size fits all". They are as diverse as the Owners who belong to them. ;-)

Bonnie

We now have 5 directors. According to the first resolution that was made we can not pass any resolution unless all the Board members agree to the resolution. Thus one member can prevent a resolution form being made or amended. It just takes a majority of the Board to rescind a resolution.

Rescind the resolution that all must agree. Make it a simple majority. Out vote the dissenter and move on.

I am not saying that every board decision must be by unanimous consent from the Board. Only the decisions that are in the form of a resolution. We can hire contractors etc without unanimous consent although we usually do have unanimous consent for most decisions we make.

The resolution that we make resolutions require unanimous consent to pass resolutions. We can rescind a resolution with a majority vote.

I prepare the agenda and send it to the other Board Members and the PM before I post it so that there is time to add an item if either another director or PM thinks we need to add something to the agenda.

I'm still feeling that I don't understand the difference between resolutions and motions in your HOA, bonnie.

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

Motions don't require the "whereas" type of language but the decision the Board makes on the motion is just as binding.

I also believe that your bylaws or star corporations laws say that a majority vote of the board is the decision. I'm thinking you might be contradicting your own bylaws is you require unanimous consent for "resolutions."

Say, wait a minute. Are you terming rule changes, new rules, that are made by the Board "resolutions," by chance?

Yes we could rescind that resolution as I believe our documents give authority for the Board to pass resolutions. I will just need to review our documents.

As I did mention earlier I am glad one director was not a "yes" person. He gave me time to think and get advice from this site about the best way to handle the situation.

Isn't it the case, bonnie, that your CC&Rs or covenants must be amended by a super majority got of Owners? And your Bylaws by perhaps a simple majority of Owners?

But your Rules & Regs. might only needed to be eliminated, revised or new ones added with a majority vote of the Board? And you Bylaws and/or state corporate codes might say that a majority of directors votes & decides? If those materials do say that, they I do not think, your Board can require unanimous consent.

The thing about resolutions, as I understand them, is that they can be used for any decision, not just to make new rules. We rarely use that formal language, but I think some posters here do use them a lot or for all decisions.