Question:
When a Texas condominium association has a declarant board and they pass a vote to increase monthly dues; does a resolution need to be created?
– Janie
Answer:
Hi Janie,
In Texas, when a condominium association with a declarant board passes a vote to increase monthly dues, the creation of a formal resolution may be necessary, depending on the governing documents of the association and the specifics of the situation. The governing documents, such as the declaration (CC&Rs) and bylaws, typically outline the procedures for increasing dues, including whether a resolution is required. If the documents do not explicitly require a resolution, the decision may still need to be formally documented in the meeting minutes and communicated to the unit owners.
Even if the bylaws do not require a resolution, it is generally a good practice to create one to clearly document the decision and provide a record of the vote. The resolution would include details about the increase in monthly dues, the reason for the increase, the vote outcome, and any other relevant information, ensuring transparency and compliance with legal requirements. Additionally, the board should follow the notice and approval procedures set out in the association’s governing documents, which might include providing prior notice to unit owners or holding a meeting where owners can voice their opinions.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.