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Decisions Ratified by the Board

Started by KP3 • 14 replies • 1358 views

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KP3 (Texas)
Posts: 124
Posted:
When do the decisions that have been ratified by the board take effect? Do they have to be filed legally somewhere first? we recently raised that CAP fee and I'm trying to figure out the CAP fees that should have been collected before we raised it... Thank you in advance.
TimB4 (Tennessee)
Posts: 21,059
Posted:
KP,

Expecting that the Board has the authority, resolutions (written decisions made by the Board) that affect the membership as a whole would become effective once the membership was informed (mailing a copy of the resolution to each member) of the Boards actions.
KP3 (Texas)
Posts: 124
Posted:
It was ratified in an open meeting. Does it still require a notification when it only affects new home buyers?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Yes.

You have amended or crated a policy that affects how the Association is governed.
You need to inform the membership of this policy prior to enforcing it.

The proper way to inform the membership is by mailing a copy of the resolution to each member.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Tim, but if TX permits HOAs to email new policies to Owners who have consented, do as many as possible that way as It save labor & $.

Are you on the Board??
KP3 (Texas)
Posts: 124
Posted:
Yes I am a board member
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Tim, but if TX permits HOAs to email new policies to Owners who have consented, in writing do as many as possible that way as it saves labor & $.

I can't remember: Are you on the Board??
KerryL1 (California)
Posts: 14,550
Posted:
Ooops sorry about the double post. Are you permitted to email the new policy to Owners in TX?
KP3 (Texas)
Posts: 124
Posted:
I don't see anything in the CCR's or the Bylaws in regards to this..
KerryL1 (California)
Posts: 14,550
Posted:
If your'e referring to whether your HOA can email new policies, budgets, et., to owners, if probably ins't in your own documents (it's not in ours), but, rather, would be in TX laws about HOAs.
KerryL1 (California)
Posts: 14,550
Posted:
If you're referring to whether your HOA can email new policies, budgets, et., to owners, it probably isn't in your own documents (it's not in ours), but, rather, would be in TX laws about HOAs.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KP3 on 02/20/2017 2:58 PM
I don't see anything in the CCR's or the Bylaws in regards to this..

KP,

It's not in our documents either.

It's common sense. You make changes to governing documents (which include resolutions) you inform the membership of said changes.

If you don't already have it, there are several resolutions an Association should have. One being how resolutions are adopted.

I've attached a list that has been on this site several times.

📎 Attachments (1):

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📝1220211992971.doc(21 KB)
KP3 (Texas)
Posts: 124
Posted:
Quote:
Posted By TimB4 on 02/20/2017 11:21 PM
Posted By KP3 on 02/20/2017 2:58 PM
I don't see anything in the CCR's or the Bylaws in regards to this..


KP,

It's not in our documents either.

It's common sense. You make changes to governing documents (which include resolutions) you inform the membership of said changes.

If you don't already have it, there are several resolutions an Association should have. One being how resolutions are adopted.

I've attached a list that has been on this site several times.


Thank you! The list will come in quite handy...
RichardP13 (California)
Posts: 3,868
Posted:
All resolutions that have been adopted by a Board should be included and attached to the minutes of the meetings that they were formally adopted.

In addition, the Association should have on file a Book of Resolutions that goes alongside the Book of Minutes.
DouglasM6 (Arizona)
Posts: 724
Posted:
I too like the list, Thanks for posting it...again.

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