Recent Answers to Resolutions Law Questions
Are resolutions legally binding?
Corporate Governance
Resolutions
New York
I am a board member of a non-profit organization, and we recently passed a resolution to implement new policies and procedures for our members. However, some members are questioning the enforceability of these resolutions and whether they have any legal standing. We want to ensure that the resolutions we pass are legally binding and can be enforced if necessary. Can you please clarify the legal status of resolutions and their enforceability?
Megan B.
Hello, the answer to this question largely depends on the organization's governance documents. If the Board properly passes a resolution, there is no law that says it must take that action, but generally I would recommend passing a further resolution to undo the action if the Board otherwise decides not to implement the action. Make sense?
Can a resolution passed by a homeowners' association be challenged in court?
Real Property
Resolutions
New York
I am a homeowner in a residential community that is governed by a homeowners' association (HOA). Recently, the HOA passed a resolution that imposes new restrictions on the use of common areas, which significantly impacts my ability to enjoy the amenities provided. I believe that this resolution is unfair and may even be in violation of our HOA's governing documents. I would like to know if there is a legal recourse to challenge this resolution in court and potentially have it overturned.
Arthur S.
HOA resolutions are generally enforceable if they are reasonable, clear and comply with state and local laws. They cannot override state or federal laws. In NYS HOAs are generally governed by the NY Business Corporation Law and NY Condominium Act. I would need to know more about the scope of the Resolution and the process used to pass it before I would be able to provided advice as to viability.
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