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