Review and Amend Governing Documents

All homeowners associations have governing documents, but did you know that these documents can expire?

Consider the following:

  • Were your governing documents drafted before 2002?
  • Is the developer long gone and out of the project?
  • Do your governing documents seem to relate to some other association (hinting at the fact that a so-called ‘reusable’ document was used to start your association)?
  • Are some of your provisions weird, obsolete, obscenely complicated, or unenforceable?
  • Do your Bylaws confuse you?
  • Is your association considering some kind of bank financing?
  • Are your members or Board fighting over whether it is time to amend or not?
  • Is an unusually high number of homeowner disputes coming up?
  • Do your documents have any discriminating? Do you suspect they might?
  • Do you documents prohibit real estate signs, satellite dishes, day care centers, pets, or/and children?

If you answered “YES!” to any of these questions, then it is probably time to revisit your governing documents.

When a developer first begins transition, they typically use ‘boilerplate’ documents. They are general documents that are intended to get your association started and phase out the developer. Some of these boilerplate documents can be outdated and refer to amended or repealed statutes. Updating your Bylaws ensures that your association complies with current law. That takes the work of skilled and experienced professionals who regularly work with homeowner and community associations.

Making sure that your governing documents are looked over to make certain they are still compliant, can be a long and arduous task. Documents that cite archaic laws, or laws that have since been repealed create risks for your association.

If taken to trial, some judges might throw out your entire governing documents because they rely on old laws. Worse than that, there are some judges who will agree that under ‘current’ laws, your association would be otherwise safe from legal threats; however, the documents were signed under the older law, and the judge binds you to them. We will make sure your documents are up-do-date, compliant, and keep you as safe from legal threats as possible.

As experts in HOA law, we can ensure that all of the provisions in your documents are not out of date or in violation of changes to Florida law.

We know the process for amending your documents. This is a process that can often be easy; other times, it can become very complicated. If you decide to update your Bylaws, our staff knows which Florida statutes must be observed.

Our lawyers are experienced at dealing with issues such as the Marketable Record Title Act (MRTA) and creating proven amendments to your documents that will keep your association in conformity with the law for years to come. Whether you need a simple amendment to your Bylaws, a simple review of your documents, or a comprehensive restatement of your entire declaration, Community Association Law Group can help.

 For more information, simply use the form at the bottom of this page or call us at 855-Ask-CALG (855-275-2254).

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