This section expresses the reason for adopting the policy. For example, “WHEREAS, Article X of the covenants gives the Board of Directors the power to adopt rules and regulations…” The complete authority would be quoted directly from the documents. Most often this authority comes directly from the covenants or bylaws. This section details the Board’s authority to enact the resolution. According to CAI resolutions should include each of the following four sections: Resolutions follow a standardized format and use specific wording. Formal resolutions are consistent in format and wording, and provide an official, documented record of the rules. Policy resolutions are carefully crafted and well thought out, and Boards are encouraged to seek homeowner input prior to enacting a policy resolution. It requires that the governing documents be reviewed, and it can protect homeowners and the association from rules that are seen as arbitrary and may be difficult or impossible to enforce. Why a resolution, and not just another rule? Boards may find it easier to simply adopt rules via a motion at a meeting, but there are several benefits of using the formal resolution process. A resolution is needed when the governing documents are unclear on a specific issue. The covenants usually give the Board of Directors the right to create rules and regulations, including policy resolutions, and to revisit these rules if they find that they no longer fit the community’s needs. Governing documents are designed so that the HOA can create customized policies that meet the needs of that community at any given time. Although the covenants lay out the obligations of the HOA and the homeowner, and the bylaws lay out regulations for administration, specific policies and procedures would not normally be found in either one. For example, the number of warnings owners receive, or when a fine is to be assessed.Īnyone who has read through the governing documents of an HOA (Articles, Covenants, and Bylaws) will probably note that they are fairly general in nature. Resolutions setting forth rule enforcement procedures.Architectural guidelines or standards of appearance. Resolutions regarding the appearance of individual lots.Restricting the right of an owner to run a business out of the home, for example. Resolutions regarding the use of individual lots.Policy resolutions directly affect the rights and responsibilities of each homeowner within the HOA. While there are several types of resolutions, including general resolutions, administrative resolutions, and special resolutions, policy resolutions have the most potential to impact homeowners.

It follows a set format and is formally adopted by the Board. Resolutions are the most formal way, aside from modifying the recorded documents, that an association can enact procedures for governance.Īccording to the Community Associations Institute (CAI), a resolution is a formalization of a Board decision. More often than not, the policies of a particular HOA lie at the heart of conflicts and contention experienced by homeowners, Boards, and managers alike. For example, if your neighbors decide to throw a wild party at 2 a.m., your HOA will mediate the dispute for you.It has often been said that homeowners associations have their own version of the “Three R’s”: Rules, Regulations, and Resolutions.

Dispute mediation: CC&R documents clearly lay out what types of behavior are acceptable and unacceptable in your community.

They can also ease some of the worries potential buyers may have about your home and allow you to sell it with less hassle later.

More value protection: Restrictive covenants help retain your home's value.

For example, your neighbor cannot decide to buy goats or chickens or leave trash on their lawn.

Your neighborhood will maintain its look: Restrictive covenants can keep the look and feel of a neighborhood uniform.

Here are some of the pluses of covenants: Protective covenants may seem rigid in some cases, but they are designed to protect you and your property and assure that your investment will grow in the future. Restrictions may change if your HOA votes to add or remove a rule. We have provided the covenants for all the neighborhoods in which we have built below. Some neighborhoods have many restrictions, some have only a few and others have none. A protective covenant will also include things that you must do, like mow your lawn regularly. A protective covenant may include things that you can't do with your property, like raise chickens or park a motorhome. Protective covenants are general rules that all homeowners living in the area must follow.

Covenants FIND COVENANTS FOR YOUR NEIGHBORHOOD HEREĪ protective covenant is an agreement between you and a Homeowners Association (HOA) or subdivision that spells out the ways you can use a property.

Example of hoa covenant amendment