Sample Bylaws For Homeowners Association In Fulton
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Board resolutions exist only to clarify the governing documents or expound on them. In some cases, they may also add to the rules, but they can never contradict the HOA's CC&Rs and bylaws. In contrast, HOA amendments are changes to the governing documents.
Most state laws and governing documents require a vote to amend the bylaws and covenants of an association. However, for changes to the operating rules, the HOA board does not typically need to secure a vote from the membership. Enacting or changing a rule usually only requires a vote of approval from the board itself.
Hold a vote The threshold needed for enacting the change will depend on your state's laws and your association's governing documents. In Georgia, association members must approve any amendments by two-thirds of the votes cast or a majority of the voting power, whichever is less.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
While HOAs have a certain freedom from First Amendment restrictions as non-state actors, that freedom has to be applied in a fair manner and should err on the side of allowing owners the right to speak freely amongst themselves.
SECTION 37. Association officers - Unless otherwise provided in the by-laws, an Association should have the following executive officers who shall be responsible for the management of the Association's business: president, vice-president, secretary, treasurer and auditor.
