Board Resolutions & Policies Filed with Maricopa County
Dennis,
Will you explain what it means when a condo board files a board resolution or board policy with the maricopa county recorder? Is it part of our governing documents?
Example: Spending Policy for Vendor Bids ($5k and under only 1 bid needed, if board agrees; over $5k 2 bids needed). Also, and Insurance Deductible & Water Leak policy. Do these types of resolutions and policies become legally binding to owners? It says the board resolutions were adopted at a board meeting by the board.
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PJ,
If your association bylaws allow your board to create such policies they are free to do so. If the board then spends money recording those policies it is a total waste of time nd money. There is absolutely no benefit to recording those policies and I
That action is fraught with issues and problems for the association. Your governing documents consist of the declaration (CC&Rs) articles of incorporation , bylaws and rules and policies. So these policies are part of you communities governing documents but they are not part of your recorded CC&Rs and are not binding on you. These policies define what the association cn do and what they cannot do they are binding on the association but not on the homeowners.
This move to record policies on how the association does business is nothing but totally stupid.
Dennis
One more thing. If this policy contradicts existing language in the declaration it is totally illegal and recording that change has no affect on the declaration. If the association wanted to change any provision in the declaration they had to process an amendment that was approved by a super majority of the unit owners. The board has absolutely no authority to amend the declaration under any conditions under existing Arizona law.
Dennis