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Amending Your Governing Documents Resources

Tips for Helping You Understand Your Association’s Governing Documents

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Many day to day questions facing board members, managers and homeowners are easily answered in the association’s governing documents. But understanding your governing documents can be a daunting task and may, at times, seem overwhelming. This article provides tips on how to help you understand your governing documents and what information is contained in eachGo to Resource

Legal Basis for Covenants and Rules

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Statutory Legal Basis – CCIOA Association’s Governing Documents Articles of Incorporation Bylaws Declaration General Powers (e.g., broad powers to enact rules) Specific Powers (e.g., prohibition against satellite dishes) Pre-Enforcement Process (e.g., ACC) Rules and Regulations Guidelines SCOPE AND LIMITATIONS OF RULES Rule must relate to purpose of association and purpose sought to be achieved byGo to Resource

To Amend Or Not To Amend

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Sooner or later most every homeowners association is faced with the question of whether or not to amend its legal documents.  Here are some common questions and answers: 1.     Are associations legally required to amend their documents?  No, but: Directors can be misled as to their duties and responsibilities by relying on outdated provisions. TheGo to Resource

Top 10 Document Amendments Myths And Misunderstandings

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Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process.  This article addresses the top 10 myths and misunderstandings pertaining to document amendments. Myth #1:  If a declaration contains a mortgagee approval requirement, it is impossible to amend. Fact: Go to Resource

Rules of Players in Document Amendment

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Board Members Guide attorney regarding “wish list” and culture of the Association. Build grass root support within community by owner involvement, education and buy-in. Thoroughly review and understand proposed amendments.   Owners Become educated regarding proposed amendments. Provide feedback and input on drafts, surveys, etc. Provide consents necessary for approval.   Attorney Guide Board ofGo to Resource

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