Justification For Use of Functional Salutations

Forward: From time to time, it becomes necessary to establish a Resolution to declare a formal position on an operational matter. The subject is given careful consideration and is officially put into place by a vote of the Board.

Background: When lawyers for a builder create the CC&R and subsequently the Bylaws for a new development, they intentionally keep the functional organization at the third-party level. That is to say, both documents intentionally use the functional names (Board, ACC, etc.) for all references.

Example: “The ACC approves the change and notifies the Resident in writing”.

In this example, it does not say “a member of the ACC signs the approval and sends it to the resident”. This is not an oversight on the lawyer’s part, but a deliberate message to the Resident that the ACC as a committee made the decision, not an individual on the committee.

The second reason a CC&R or Bylaws do not stipulate an individual signs an HOA document to a Resident, is to avoid an individual being associated with a decision. This is especially true when it comes to a compliance notification or rejection of a Resident’s request from the ACC. The Resident could associate the negative response with an individual serving the ACC and that would be unfortunate.

GRHOA Board members and committees are made up of volunteer residents who generously give their time to keep the homeowners association operational. To protect their privacy and to avoid unfair associations with one of the HOA volunteers, GRHOA will continue to practice the closing of HOA documents with functional salutations and not the signature of a volunteer.

Examples: “Approved - GRHOA ACC”

“Congraulations - GRHOA Activities Committee”

There are specific exceptions to this general rule as spelled out in the Bylaws.

Examples: The requirement that two officers sign an HOA check.

The designation that the President signs official and legal documents required for the Association to conduct business.

These are the only exceptions and do not convey an opinion or determination to a Resident.