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
Amending Your Governing Documents Resources
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 No, but: Directors can be misled as to their duties and responsibilities by relying on outdated provisions.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
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
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
Governing documents are often overlooked until a particular issue arises that brings shortcomings, inconsistencies, or problems to light. When this occurs, it may be too late to amend the governing documents to properly address the issue at hand. For this reason, associations should periodically review their governing documents to identify potential areas of concern whichGo to Resource