Quote:
Posted By KerryL1 on 06/18/2018 4:43 PM
So far as I know, JohnC, a resolution is simply a board decision. It might use the fancy language of " whereas," etc.
In my HOA, Rules & Regulations are among our governing documents. They can be revised, added to, etc., by the Board, but in CA, we must send the proposed new rule/change to Owners for a 30-day comment period before we, the Board, approves them.
In the News section of this site, it looks like FL must now record Rules, but I didn't read it carefully.
What's confusing about Jennifer's situation is that she seems to be talking about an actual amendment to the bylaws. In many HOAs the membership must vote on such amendments, but not in all. Another confusing thing is that maintenance responsibilities usually are in the CC&Rs, not the Bylaws.
In addition, I'm confused because there's disagreement on what a dedicatory instrument IS. I've grown to appreciate both Nigel's & Ben's assessments of TX law and tend to concur with them. CA laws are complex enough that I just cannot dig into the lingo of TX codes.
But let's try this: Sec. 202.001. DEFINITIONS. In this chapter:
(1) "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a... planned development. The term INCLUDES A DECLARATION OR 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."
My mind sees this as terming the DECLARATION as the dedicatory instrument, but NOT A, B or C. I probably don't have the time or inclination to look up other definitions of dedicatory instrument.
***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.