You’ve, no doubt, heard the terms “resolutions, policies, rules, and regulations” used many times in the industry. But have you ever wondered what all these different terms mean and whether there is a difference in which term you use? Despite popular belief, there are subtle differences in these terms outlined in the checklist below. As you will see from the checklist, there are also several similarities between and overlapping terms.
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)
- Sets forth a process (Examples: Collections Policy; Enforcement Policy; Conducts of Meeting Policy)
- 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”
- CCIOA 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
If you have questions or would like to learn more about the difference between these types of documents, please contact an Altitude Community Law attorney at 303.432.9999.