How do we revoke a resolution?

Jennifer ...you need to provide waaaay more information.

Usually, only the board can revoke a resolution and they would do that with another resolution. They are elected to make decisions and it would be unusual to have a situation where the membership could overrule them.

I think the "effective unless/until" clause is stating that the resolution will remain in effect until the board revokes it, in which case the revocation would be effective 10 days after notice of the revocation is sent to the owners.

OK, yes, when I said we I meant we as the association. The board has to do it. I was just wondering how. You're saying the method of revocation is another resolution?

The other one that has the language of revocation occurring by notice to the owners was from 1990. It just seemed odd to me that notice to the owners would be sufficient by itself, since it's recorded at the county. If no one kept the notices sent, 2,5, or 10 years later a board could go by what is recorded at the county.

Jennifer,

Here's the only reference to resolution recording I could find (didn't do massive search, though) - this refers to resolution for assessments if the Declaration is silent ...is there another citation?
++++++++++++++

The third modification of TUCA by HB 2075 is also to Section 82.111. HB 2075 modifies Section 82.111 to make clear that insurance policies maintained by the Association may provide for commercially reasonable deductibles, as determined by the Board of Directors to be appropriate or necessary. In addition, if the cost to repair damage to a unit or common element covered by the Condominium Association’s insurance is less than the amount of the applicable insurance deductible, the party who would be responsible for the repair in the absence of insurance must now pay the cost for the repair of the unit or common element instead of a claim being submitted to the insurance carrier. If the cost to repair damage to a unit or common element covered by the Condominium Association ’s insurance is more than the amount of the applicable insurance deductible, then the expense of the insurance deductible and other costs incurred by the Association before insurance proceeds are available may now be assessed against unit owners in the manner provided by the Condominium Association’s Declaration. If the Condominium Association’s Declaration is silent on this issue, the Condominium Association’s Board of Directors must adopt and record a resolution that provides for the assessment of such costs, or such costs will be considered a common expense of the Condominium Association. Finally, if the damage to a unit or the common elements is due wholly or partly to an act or omission of any unit owner or a guest or invitee of the unit owner, the Condominium Association may now assess the deductible expense and any other expense in excess of insurance proceeds against the owner and such owner’s unit.

There are some knowledgable people from Texas here. I'll wait to see what they say. Because I don't necessarily believe you. Hey, I migt be wrong.

Jennifer,

Have you found the Texas statute language?

I provided the only material I found ... is it different from that?

I went to search for where I had read that and it was an article by an attorney, not a statute. That attorney's opinion is that they would be unenforceable if not. I guess it's just considered best practice by some. Even rule changes have always gone there, and those are completely in the the board's hands to change at will.

I was confused by all the posts on here about other places not doing that, and now with my thread others don't understand why we do that. /shrug

Rule Changes "have gone" where, Jennifer? They've been recorded?

With others, I agree resolutions should not be recorded. Just because the top of the Resolution... says "'Notice of Filing of a Dedicatory Instrument of the _____ Condominium Association,'" doesn't mean the resolution actually IS a dedicatory instrument.

The citation Nigel provided is very clear that a resolution is NOT a dedicatory instrument.

Sec. 202.001. DEFINITIONS. (1) "'Dedicatory instrument' ... The term includes a declaration or similar instrument..."

Our HOA made a resolution in January that we rescinded last month. Do we really want to record these Board decisions that be easily changed??

It does not say that resolutions are not dedicatory instruments. Nigel said that. That is his interpretation, with which I disagree.

I can't speak to Cali, but this statute makes clear for Texas that any document 'governing the establishment, maintenance, or operation ...' must be recorded.

Whether you want to (and not required by law to) is up to you and your lawyers, I guess.

Our by-laws only permit Resolutions to correct typographical or similar errors, or to 'amend' the by-laws to conform with state or Federal Law.

The BOD has no power to change any part of or Declaration or By-laws by itself, which is the entire issue with this 'Resolution'. It's an 'illegal' change in our by-laws, couched as a 'Resolution'.

When I google the phrase 'A board resolution is not a dedicatory instrument' something similar came up. There was a TX court case that interpreted the statute the way I first did, and I believe Nigel might be, as referring only to a Declaration or similar instrument, and therefore by-laws are not considered a dedicatory instrument.

That was overturned on appeal, and the appeals court affirmed that by-laws ARE a dedicatory instrument.

https://cases.justia.com/texas/sixth-court-of-appeals/2014-06-13-00066-cv.pdf?ts=1407968851

I understand where you are coming from, I read that part too, but you can see this notation on page 11:

"We note, however, that the Amarillo Court of Appeals found a set of recorded bylaws to be part of the dedicatory instruments that controlled the operation of the homeowners’ association and allowed the board to establish, levy, and collect annual assessments in the amount of the lien which attached. Goddard v. Northhampton Homeowners Assoc., Inc., 229 S.W.3d 353, 358 (Tex. App.—Amarillo 2007, no pet.).

Here, the bylaws were not filed in the real property records. See TEX. PROP. CODE ANN. § 202.006 (West Supp. 2013) (dedicatory instrument has no effect until filed in accordance with this section)."

So, we are in agreement that a resolution does NOT need to be recorded, unless it relates to the activities that I quoted?

This ... in part ... "If the Condominium Association’s Declaration is silent on this issue, the Condominium Association’s Board of Directors must adopt and record a resolution that provides for the assessment of such costs, or such costs will be considered a common expense of the Condominium Association. "

Forgot to link what I was quoting from: http://www.murray-lobb.com/traps-unwary-new-texas-property-owners-association-laws/

I guess I'm still not getting it ... here's the language:

Sec. 202.001. DEFINITIONS. In this chapter:
(1) "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development. The term includes a declaration or similar instrument subjecting real property to:
(A) restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association;
(B) properly adopted rules and regulations of the property owners' association; or
(C) all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.

Are you saying a resolution is a "dedicatory instrument?"

It doesn't mention resolutions - what am I missing?

You are very patient man, George.

No, you are not. If the document in any way governs the association, it's a dedicatory instrument and in Texas must be recorded to be valid. No documents are created for an association that do not govern it in some way, or they wouldn't be produced!

:-)

A Resolution to amend the by-laws to comply with state or Federal Law does not require owner approval, but it is still an amendment. A Resolution to change the amount of late fees is within the powers of the BOD to amend, but that is a change to an existing instrument. A Resolution to change the type and number of pets allowed is within the power of the BOD to amend, but it's a change in the rules and regs. So on and so forth.

My mind read it that way at first too, due to the word 'establishment' but right after it says OR, and then goes on to list all the things occurring after establishment. Also, it says 'including' a Declaration, not 'solely' a Declaration.

And then the Texas legislature clarified all of this nicely in 2011, which I quoted above.

With regards to our docs, the Declaration does state what is the responsibility of the association and the owners, but it is elaborated in the bylaws, and that is where the chart is. The chart sorts out any ambiguity in the wording of the by-laws. Not perfectly, but close.

***H.B. 1821 (effective 1/1/2012) Changing § 202.001 Definition:
"Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development,
condominium or townhouse regime, or any similar planned development. The term includes a declaration or similar instrument subjecting real property to:
(A) restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners’ association;
(B) properly adopted rules and regulations of the property owners ’ association; or
(C) all lawful amendments to the covenants, bylaws, instruments, rules, or regulations

http://houstontx.gov/council/k/Chapter%20209%20Procedure%20Chart.pdf

This provides even more clear wording, for our Texas members in HOAs. For condo associations, the law was, for whatever reason, made more clear decades earlier. A constant frustration with searching TX laws on these matters is the neverending number of things that apply to one but not the other. What constitutes a dedicatory instrument, at least, is now the same for all, as of 2012.