—Concerned About Common Elements
“Generally, adopting the rules is a simple process requiring that the board meet, discuss and vote on any new rule or regulation. First, the board should discuss how it wants the atrium and courtyard to be utilized (i.e. reservations required, charging a fee for use or other restrictions).
“Before voting on any new rules, you should encourage owner participation in the rule adoption process. This is particularly true in the adoption of ‘policy’ rules affecting all homeowners. You should discuss the proposed rules and regulations restricting the use of the atrium and courtyard at an open meeting and invite owners to provide opinions or suggestions on the new rules. In this regard, you will be required to provide the appropriate notice and hearing/comment period of any such meeting which are contained within your governing documents. Your governing documents should be consulted prior to making any rule change and, in this case, setting up the meeting to ensure compliance. Owner participation in new policy decisions typically invites a smoother transition and compliance with the new rules.
“Finally, once a final decision on the specific rules is made, the board must formally vote on the rules and the decision published. The decision must be ‘published’ by way of formal resolution, which should be drafted by your attorney. The resolution will then be placed in the book of resolutions which is kept as part of your governing documents. It is important to carefully follow your governing documents so that a rule or regulation is not determined to be ineffectual upon a challenge at a later date.”