Resolutions

INTRODUCTION

KING CITY CIVIC ASSOCIATION (KCCA) RESOLUTIONS

A resolution is a document adopted by a vote of the Board of Directors which, when distributed to Members by whatever method the Board determines appropriate, is then binding. It is passed at a properly noticed Board meeting, noted in the minutes of the meeting in which adopted, and placed in the Association's Resolution Book. Before adoption a resolution must be determined to be necessary, reasonable, practical, and enforceable. It can be supplemental to, or an expan-sion of, the Association's recorded governing documents; or to fill in gaps, to interpret or expand on the Board's authority to grant exceptions, as permitted in its governing documents. The type and purpose of a resolution can vary and affect different aspects of the Association. Some are administrative policies, committee guidelines, financial procedures, or use restrictions affecting Member's units or Association facilities. Besides providing transparency in governance by the Board, resolutions serve as a means to foster community pride and responsibility through compatibility and compliance of the Association regulations. Resolutions are not recorded and cannot change, conflict with, or violate the hierarchy of documents listed below.

For all homeowners associations the following hierarchy of documents takes precedence in the event of question or conflict:

• United States Constitution
• Federal Law
• Oregon State Constitution
• Oregon State Statutes
• KCCA's Plat
• Washington County/City of King City Ordinances
• KCCA's hierarchy of documents:
  • CC&Rs and Amendments (recorded)
  • Deed (recorded)
  • Articles of Incorporation (recorded)
  • Bylaws (recorded)
  • Adopted resolutions (not recorded)

In June 2011 an ad hoc Legal Committee was commissioned by the Board to research existing resolutions. The Committee reviewed all minutes from 2004 through 2011 and began the task of comparing the accumulated documents to KCCA's resolutions, recorded and amended documents, and Oregon statutes. In August the Board approved the committee proceeding with replacing the previous resolutions and completing a new set for distribution to Members.

Categories and a numerical identification system were adopted to provide easier tracking and historical reference within a new matrix format. The Committee cited the Authority given to the Board which applied to each resolution. The Board's general authorization to adopt resolutions is stated in the Bylaws, CC&Rs or ORS. Some resolutions required specific authorization contained directly within the subject section to which the resolution applied. A history of the resolution's origination and any previous review and re-adoption was noted in each footnote.

One of the goals of the Committee was to be as concise, clear, and comprehensive as possible. The Committee met with, and had the cooperation and support of, the Association's standing committees (LARC, Finance, Greens). References to "Town Hall" were changed to reflect the official 2008 name change to "Clubhouse". The definition for "LARC" was also changed. Finally, these new resolutions were drafted and referred to the Board of Directors. After several meetings and Board's review, discussion and approval, the result was a complete new set of resolutions. At a Board meeting the Board rescinded all previous resolutions and adopted this 2012 Book of Resolutions; copies of which were then distributed to all Owners/Members.

In addition to copies of the 2012 Book of Resolutions, each Owner/Member should have the most current recorded documents of the Association which are:

• Articles of Incorporation filed with the Oregon Secretary of State, January 15, 1999
• Restated Bylaws dated October 24, 2001
• Restated Declaration (CC&Rs) recorded December 14, 2001
• Amendment recorded April 4, 2006
• Amendment recorded April 24, 2006
• Amendment recorded May 11, 2007

Note: A 2001 Landscape and Architectural Review Committee (LARC) Manual is no longer in use and the 2008 Members' Manual may be amended after passage of these resolutions.

Subsequent additions or changes to these resolutions will be distributed to Members as they are adopted by the Board of Directors.

Maxine Van Dyke, Chair 02/14/2012

Ad Hoc Legal Committee Members: