Files with Gavel

Why is it a few owners always see a conspiracy behind ever board action. Take the case of an association that is working to update its governing documents. The current documents written many years ago were drafted to serve the developer who is no longer a part of the association. They also contain provisions that are out of date and unenforceable such as restrictions on family’s and other provisions that no longer comply with current law. Add to this, changes in legal language to bring the document current to current usage of legal language.  Amending and restating the documents will make them easer to read not to mention eliminating the need to review a group prior amendment every time one looks to properly follow the documents.

Getting this completed will save the association legal fees, by clarifying many provisions and protect the association from the cost of future litigation due to the current documents have many conflicts with the current law.

The documents control the association, the rights of the unit owners and the power and responsibility of the board. Up to date documents will make it easer for the board to serve the unit owners and protect the value of the investment that unit owners have made in the property. It is not an attempt by the board to cease control. For the board serves the unit owners, is elected by the owners annually or bi-annually and can be recalled by the unit owners should they feel that the board or any board member is not carrying out their responsibilities properly.

Owners should never be influenced by the few owners that object to all actions of the board, if you are asked to vote on amending your documents, read the proposed amendments carefully, ask questions  of your board members if you don’t understand the reason for a provision or change and seek assistance from knowledgeable professionals like your property manager and attorney if you need assistance.

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