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  No, but: Directors can be misled as to their duties and responsibilities by relying on outdated provisions.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

Question:  How can community association boards alter the uses of common areas? Answer:  Very carefully, and with scrupulous attention to the requirements of the community’s governing documents and the wishes of its residents. A recent California appeals court decision illustrates what can happen when a board ignores this common sense advice. The story, which readsGo to Resource