Once enacted, they need to be enforced consistently and apply to all members, including the board. While most people refer to them as 'homeowners associations' or 'HOAs,' the term that Texas law uses is 'property owners association.' These organizations are defined in Section 202. Rules, regulations and resolutions help provide a clear and systematic way to deal with routine issues. Always consult with an attorney knowledgeable in homeowner association law. However, if the documents are unwieldy or in violation of the law in some respect, amending may be prescribed. Getting this vote is often difficult so amendments should not be undertaken lightly. The Three Rs can be enacted by the board but amending the governing documents must be approved by the members by the percentage indicated in the governing documents. Once approved, it should be dated and signed by the board president and the secretary.Ībout amending the governing documents. It is highly recommended to circulate proposed resolutions to the membership for a minimum 30 day period for comment before the board votes on it. Following the authority section are the details of the resolution.
The resolution should first cite the relevant provisions of the governing documents and any applicable state statute, especially those sections which give the homeowner association authority to establish policies.
HOA RULES AND REGULATIONS HOW TO
Other significant policy resolutions deal with money collection, architectural guidelines and enforcement procedures.Īdministrative Resolutions define procedural guidelines, like how to run board and homeowner meetings. This particular resolution directly impacts homeowner insurance and owner responsibilities. Homeowners often dont know the laws in their state so they don. Who repairs a water supply line after it enters an owner’s unit? Who repairs damage from a flood originating in an upper unit? There are many variations on this theme that could be answered in a policy resolution that defines each item according to who is responsible. HOAs can have broad authority such as: no pets allowed outside, only certain paint colors allowed, no recreational vehicles parked in driveways, garage doors. While HOAs have legal standing to enforce their rules, those rules must comply with state laws. An example of a policy resolution: Many governing documents are unclear with regard to homeowner association versus owner maintenance responsibilities. Policy Resolutions define acceptable community standards. Resolutions come in two types: policy and administrative. Resolutions are the preferred method of establishing procedures for the homeowner association. That requires an amendment voted upon by the members. For example, if the governing documents state that guest parking may only be used by guests, a board rule cannot change that. Any proposed rule or regulation must comply with the governing documents.
When adopting new or revised rules, it’s wise for the board to solicit owner input for a greater degree of compliance. Restrictions (use of clubhouse, pool rules).
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