How to draft a Resolution?

Started by HarleyS • 9 replies • 2529 views

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HarleyS (Georgia)
Posts: 3

Posted:

Good Afternoon to all. I'm the President of our HOA here in Georgia. We are a new community of 93 homes and we the people just took control of our community from the contractor back in May.

The BOD which consist of 3 members, are in need to make some alterations to our By Laws. I've done some internet search about this but still do not understand.

So far I understand this much, you start with, "Whereas" and end it with, "be it resolved".

How do I show the changes or alterations we want to make? Any help would be greatly appreciated.

Harley

MikeS1
Posts: 668

Posted:

Harley - In order to change the bylaws, (check you docs)you might need something like a 2/3's member vote where all the owners vote; but if an issue isn't already addressed or mentioned in the docs, then you might be able to add a resolution as long as there isn't a conflict with your docs, or as long as it doesn't conflict with Fed, state and local laws. What do want to change?.. and is the issue already addressed in your docs? Once you have a rough draft, you probably want to get an attorney to tweak the document before the Board of Directors votes on the resolution.

JoeW1 (New York)
Posts: 728

Posted:

HarleyS - It's important to never forget that "we the people" is not 3 the Board members. In your first several sentences you seem to have already taken the wrong path. Stop, back up, provide us details of what you wish to alter. I suggest you place the proposed alterations on an agenda for an open meeting inviting the owners to come and discuss the alterations, give input, etc. Then arrange workshop sessions with the members/owners that are entitled to vote to formulate a draft of the amendment/alterations. Then, mail the amendment/alterations to all owners for another discussion opportunity. Then mail the final version and hold a special meeting of owners to vote on the amendment/alterations. If you follow that procedure, you are more likely to get a quorum of owners to attend the meetings, participate, and eventually vote. It's important to remember that the Board and community are evolving. There is a great deal of expense, time, energy in amending something that requires 2/3rd's of owners to ratify. You have want to let the community evolve a bit before you resolve and amend.

HarleyS (Georgia)
Posts: 3

Posted:

We are looking into altering some of the by laws of the CC&R to reflect a bit more relaxed community.
For example, we want to change Vehicle Parking; Currently, our CC&R require your vehicle to be stored in the garage when not in use as well as not use your garage for any storage needs.

We would like to change this to one vehicle in the garage from two. Something very simple like this and many more are what we are looking to change.

But I am not sure how to write this. I've found through the Internet this situation is called a resolution but I'm not understanding it very well.

I'm aware of the 2/3rds vote but I was told if I did a resolution, I would have to get that or at least that was the impression I took from the it.

JoeW1 (New York)
Posts: 728

Posted:

HarleyS - Are your townhouses or single-family homes? Is the HOA or COA responsible for the cost of snow removal?

RogerB (Colorado)
Posts: 5,067

Posted:

Harley, once the amendments to the CC&Rs have been properly approved by the members they must be filed with the County Clerk and Recorder. This similar to a resolution may start with the word "Whereas". An example can be viewed under documents at www.CypressGreensHOA.com

HarleyS (Georgia)
Posts: 3

Posted:

This website needs to have an edit button!

We are single family homes. The average lot is 1 acre or larger. Driveways hold upto 6 cars, not including the garage.

And no worries about snow removal here.

MikeS1
Posts: 668

Posted:

Harley - I'll be glad to trade homes with you. We're an older (15yrs) community and have no such provision about parking, so there's n
ever any parking in visitor spaces or on the street and it looks worse than a used car lot here. I would think that you would have to (check you docs) have the entire community vote on this (not just the board) and get a majority vote on this. Sometimes it's a simple majority or 2/3's or 75%.. AND that's sometimes hard to achieve in a large community where no one cares. Good luck.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Harley,
If I read correctly, you took over the HOA in May. Now if you did, I think I would not change a word of your CC&r's until you all get some time under your belt running the operation and having Board Study sessions about your Documents. If you have similar HOA's in your area, have a little meeting with some of them and see which way the wind is blowing. You have survived until now with your documents so another six months or so shouldn't matter, Unless you have very experienced people on your board or you have a fail safe adviosor, take it solow and take it easy.

GloriaM (North Carolina)
Posts: 829

Posted:

Harley:

Do a search on this forum on amendments or CCR changes. The board does not have the authority to just do a resolution on amendments. They have to be approved by the majority of HO. State laws sometimes do allow the board to promuglate rules and regulations and you could do this by way of Resolution, but not changes to the CCR's.

It tends to be a time consuming and costly avenue for the HOA to take. So start from the beginning, search this forum, get a committee together to review the CCR's and make all your amendments at once.

Having said all that below is a sample of some of the wording that could be used of course placing in the correct language for the use in which you are doing the Resolution:

Prepared by:
Gloria J. Martinez

ABC HOMEOWNERS ASSOCIATION, INC.

RESOLUTION OF THE BOARD OF DIRECTORS

WHEREAS, The Covenants, Conditions and Restrictions, Easements, Charges and Liens (the" CCR’s") of ABC Homeowners Association (the "Association") states that the Community shall be administered, supervised and managed by the "Association", and

WHEREAS, The By-Laws of the Association states that the affairs of the Association shall be governed by the Board of Directors (the" Board"), and

WHEREAS, in the best interests of the Association, the Board of Directors desires to establish Rules and Regulations of the Association. NC General Statutes Chapter 55A gives the board the authority to promulgate Rules and Regulations.

NOW, THEREFORE, BE IT

RESOLVED, that the Rules and Regulations shall be recorded in the Office of the County Clerk as a part of the Covenants and Conditions of the ABC HOA and be it further

RESOLVED, that the ABC Homeowners Association ........

I hereby certify that the foregoing
Resolution was duly adopted at a
Regular meeting of the ABC
Homeowners Association, Inc. held
on September 20, 2007.

John Doe, Secretary

STATE OF NORTH CAROLINA)
COUNTY OF Union)SS:

BE IT REMEMBERED, that on this day of 2007 before me, the subscriber, personally appeared ___________________,and John Doe, Secretary who I am satisfied is the person(s) named in and who executed the within instrument, and therefore acknowledge that he/she signed, sealed and delivered the same as his act and deed for the uses and purposes therein expressed.

A Notary Public of North Carolina

RECORD AND RETURN TO:

ABC HOA
C/O Faith Management Services, LLC
P.O. Box 5476
Mooresville, NC 28117

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