Developing Policies

leokeeler
Junior Member

Posts: 53

Developing Policies Oct 18, 2015 22:57:23 GMT

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Post by leokeeler on Oct 18, 2015 22:57:23 GMT

I believe that our Covenants are a legal contract between all Landowners, that is why the Covenants are recorded. Our Bylaws have never been recorded and I am fearful that what is currently on the GLA web site may have changed without Members voting to make changes. I hope someone has a signed or otherwise verified copy of what Members have accepted as our Bylaws.

I think that any changes to the covenants, including waivers or developing Rules, Regulations, or Policies that change or further define or describe any of the Covenants, must be voted on by all Landowners not just the Board.

I recall my casting a vote on the Master Plan and again on access to records, which unfortunately are not posted on the GLA website. The Bylaws include an amendment from 1998 which have a place for the President and Secretary to sign, but no signatures are evident. However, I do not recall voting on any of the Policies currently displayed on the glamontana.org website. Can anyone help me learn if I have just forgotten about past votes by all Members.

I believe if Members have not voted on the Policies on the GLA website, that all of those Policies are invalid, can not be legally enforced, and should be presented to all Members for modification and a proper voting process. The Conduct of Meeting policy may be an exception to this since it does not appear to directly affect our Covenants.

Thanks to anyone offering more information. Leo Keeler

James Kozlik
Guest

Developing Policies Oct 24, 2015 14:49:10 GMT

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Post by James Kozlik on Oct 24, 2015 14:49:10 GMT

All the years I have been here I do not recall ever voting for new policy with a landowner vote.

I think that policies created concerning board members, that is policies that board members need to adhere too (for instance, ethical standards, facilitating committees or other internal matters that are related to being a board member) do not need a member vote. I do believe that "internal" policies do need to be recorded and included in the board member manual/handbook which ought to be continually updated.

I think policies that affect covenants need to be voted on by landowners.

Any new policies need to be recorded with the county as an amendment to the original covenants. If new polices are not recorded then how can they be enforceable? Recorded covenants "run with the land", what's not recorded as a change or addition to the original covenants, in my opinion, are not part of the covenants.

Without having the bylaws to read (as I respond to Leo's post) I think there is a bylaw that allows the board to create policy. I wonder what the legal interpretation is concerning bylaws that pertain to a set of covenants, being recorded. A good question for the legal committee.

Again, creating new policy is something to be taken up by the governing docs committee.

Deleted
Deleted Member

Posts: 0

Developing Policies Oct 24, 2015 15:57:22 GMT

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Post by Deleted on Oct 24, 2015 15:57:22 GMT

James wrote: "I think that policies created concerning board members, that is policies that board members need to adhere too (for instance, ethical standards, facilitating committees or other internal matters that are related to being a board member) do not need a member vote. I do believe that "internal" policies do need to be recorded and included in the board member manual/handbook which ought to be continually updated."

I believe that in the interests of transparency and full disclosure, ALL policies (including internal matters) need to be recorded and easily available to all members to review. Transparency and full disclosure in ALL matters have been, and continue to be, a major issue with past and present boards.

James wrote: "I think policies that affect covenants need to be voted on by landowners."

Absolutely!

Post by leokeeler on Oct 18, 2015 22:57:23 GMT

Post by James Kozlik on Oct 24, 2015 14:49:10 GMT

Post by Deleted on Oct 24, 2015 15:57:22 GMT

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