Community E-ssentials

August 2005 NUMBER 45   Volume 4 Issue 9  
HOME
CONTENTS
Bankruptcy Reform Brings Both Relief and Uncertainty to Homeowner Associations
Supreme Court Upholds Homeowners Rights: Yacht Club Economic Loss Rule
What Are Policies, Procedures, Rules and Regulations?
Case of the Month: $227,000 Worth of Daily Fines Upheld by California Trial Court
SB 100 FAQs
What Are Policies, Procedures, Rules and Regulations?

Written policies, procedures, rules, regulations and resolutions are indispensable to having a well-run and responsibly governed homeowners association. With the enactment of SB 100, their significance has become more important and even required in some instances. But what exactly are policies, procedures, rules, regulations and resolutions? Each plays a separate and important role in association operations and these functions are explained below.

Policy: A policy is a standard or statement of general applicability adopted by the Board of Directors that sets out the beliefs, values and objectives of the association that causes the association to act. (i.e. a collections policy, an enforcement policy, or a conduct of meetings policy). An association’s policies communicate, organize, and focus the resources of the association.

Procedure: A procedure is a process, or series of steps, that is followed to accomplish a particular function or attain a particular policy objective. For example, an association may have a policy to collect assessments from its membership in a timely manner. How this policy is achieved -- from when and how to provide monthly statements to how to apply the collected funds and what amount of late fees to impose -- comprises the procedure of collecting assessments.

Rule or Regulation: An association’s board of directors adopt rules or regulations to define expected behaviors and identify limitations regarding such issues as allowable uses of an association’s common elements and homeowners’ individual units, architectural changes and improvements, and the general behavior of owners, tenants and guests. Some examples of issues that rules address: pets, parking, noise/nuisance, and use of association facilities. Rules may also be called regulations or guidelines.

Resolutions: A resolution is a method of formalizing a decision made by an association’s board of directors. Resolutions are used to adopt an association’s policies, procedures, rules and regulations, to clarify ambiguous terms in an association’s governing documents, or to state the board’s intention to proceed by amendment. Resolutions should include four sections: 1) authority; 2) purpose; 3) scope and intent; and 4) specifications. For example, a resolution adopting a rule should contain 1) the primary source(s) of the board’s authority to make a rule on the topic (authority); 2) why the rule is being adopted (purpose); 3) who will be affected, the reach and range and extent of the rule (scope and intent); and 4) a clear and complete statement on what those bound by the rule are expect to do (specifications).


[PRINTER FRIENDLY VERSION]
The University
Upcoming Classes:

SB 100 Seminars

August 23, 2005 - Avon Public Library
200 Benchmark Road, Avon 81620
1:00 - 4:00 PM

August 25, 2005 - Edwin A. Bemus Library
6014 South Datora Street, Littleton 80120
6:00 - 8:30 PM

August 30, 2005 - Wheat Ridge office
11901 West 48th Avenue, Wheat Ridge 80033
6:30 - 9:00 PM

Click here to register
Manager Lunch Forums

Limiting Association Liability
Wheat Ridge Office
September 1, 12:00pm - 1:30pm

Click here to register

 
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Community Associations Institute
The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
 
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Published by Orten & Hindman, P.C.
Copyright © 2005 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman or Loura Sanchez.
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