Notary

Started by DebraR9 • 10 replies • 845 views

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DebraR9 (Texas)
Posts: 4

Posted:

Do rules, resolutions, or polices adopted by the board need to be notarized or can the President of the Board attach a "Certification"?
The Certification would verify that it was passed by the majority of the Board and would have the President's signature and date.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Most likely no to your question. When we changed our CC&R's and Article of Incorporation they were filed at the courthouse. Which cost us $700. Plus we had to submit the signatures we collected. It all went through the attorney who filed it for us. So it's best to ask the courthouse where it will be filed or an attorney to know the correct process.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Welcome to the Forum, Debra. If you're just talking about decisions about policies made by the board (some call them resolutions), no. Decsions (at least in CA) can only be made at board meetings. They are recorded in your meeting minutes. Once the Board approved th minutes, they are signed by the Board president and Board secretary. They then are official records of your HOA.

(Melissa is not addressing your question, but is talking about much more important documents.)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Debra

Typically a BOD can pass Rules & Regulations (R&R's) by themselves. No notary or other things required. Some (very few) have their R&R's filed with the deed so that can be a different procedure.

An R&R cannot override a Covenant nor Bylaw and this is where many BOD's get in trouble.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Typically, if the document isn't going to be filed with the courthouse or property office, then a certification is all that is needed. Otherwise, notarized documents may be required (varies by State).

In my Association, we attach a signature sheet to the resolution (which each board member signs).

DouglasK1 (Florida)
Posts: 2,046

Posted:

Answers 2 and 3 are spot on, ignore answer 1 since has nothing to do with rules created by the board as Kerry already mentioned.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DouglasK1 on 02/22/2018 7:23 PM
Answers 2 and 3 are spot on, ignore answer 1 since has nothing to do with rules created by the board as Kerry already mentioned.

Let me guess, answer 1 was from poster whose initial is 'M'? Quelle surprise.

DebraR9 (Texas)
Posts: 4

Posted:

I do have to file them with the county clerk otherwise rules/policies/resolutions are not enforceable. Thank you to everyone who responded. I will check with the county clerk to see if they need to be notarized to be recorded.

KerryL1 (California)
Posts: 14,550

Posted:

I know that states differ a lot, but will you please cite the statute or section form your governing documents that say you must file a rule, or policy or board result ion (decision) with the county??

Some resolutions are simple operating rules for board meetings. Why would the city care about them? Here's one of ours All agends items must be submitted 20 days in advance of the meeting.

I wonder if we're having som confusion with the language of HOAs?

I'd sure like to hear form Ben or Nigel, both of TX on the is topic.

DebraR9 (Texas)
Posts: 4

Posted:

It is not in our governing documents but it is in the Texas property code that it must be filed with the county clerk to be enforceable

KerryL1 (California)
Posts: 14,550

Posted:

Thanks, Debra. Can you cite the TX Property Code on this point?

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