Policies, Procedures, Rules, Regulations, and Resolutions: What’s the Difference??

Resolution

  • Memorializes decisions of the board;
  • Adopts association’s policies and procedures (Example: Resolution Adopting a Policy Addressing Guest Parking);
  • Clarifies ambiguous terms in the governing documents (Example:  Resolution Adopting Policy Defining Household Pets);
  • Adopted by the board;
  • May not contradict anything in the governing documents;
  • Enforceable in court;

Policy

  • Oftentimes, a policy is part of a Resolution (See above example);
  • Statement of beliefs, values, and objectives of the association that causes the association to act (Examples:  Collections Policy; Enforcement Policy; Conducts of Meeting Policy);
  • Adopted by the board;
  • May not contradict anything in the governing documents;
  • Enforceable in court;

Procedure

  • Most often, Procedures are set forth in Resolutions and Policies;
  • Process to be followed to accomplish Policy/Resolution objectives;
  • Example:  The procedures to be followed for collecting delinquent assessments are set forth in the Collections Policy, which is adopted by Resolution;
  • Adopted by the board;
  • May not contradict anything in the governing documents;
  • Enforceable in court;

Rules & Regulations

  • Defines expected behaviors of residents/guests in the community;
  • Identifies limitations of actions for residents/guests in the community;
  • May also be referred to as “guidelines”;
  • State law defines “rules and regulations” as any instrument used for regulation and management of the association;
  • Adopted by the board;
  • May not contradict anything in the governing documents;
  • Enforceable in court;

By: Elina B. Gilbert

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