The “governing documents” in a community are typically comprised of a Declaration of Covenants (of Declaration of Condominium), Articles of Incorporation, Bylaws and Rules and Regulations. These documents effectively create a contract and each community’s contract is different, drafted by different counsel, drafted under different statutes, and interpreted differently between communities and even between different Directors on the same Board of Directors.
Association documents and amendments should be easy to understand and even easier to enforce. However, if either (or both!) are written without proper guidance and knowledge of the most current laws and statutes, communities could unknowingly be put in jeopardy.
Many communities want to update their governing documents because they were written by a developer and with different interests than the current residents. Other communities have experienced a shortfall in clarity or specificity in their covenants and want to bolster existing language. Further, other communities recognize that the statutes governing condominium and homeowners’ associations are frequently changing and want the documents to align with current statutes and best practices.
At GADC, we can help pursue all of these goals.