K


Ken Harer AT TORNE Y


c


Chellore Knudtson MANAGER


T


Terry Leahy AT TORNE Y


Successful Approaches to Governing Document Changes


— By Ken Harer, CCAL, Terry Leahy, CCAL & Chellore Knudtson, CMCA, AMS —


Why should you consider revising your documents, and how might you make that that process more successful?


C


ommunity governing documents (CC&Rs, Declarations, Bylaws & Articles of Incorporation) are written for the


original developer, often by an attorney ahead of the building or community being constructed, thus with no practical knowledge of the final components of the community. They are typically written under statutes and by adopting the current “boiler plate” language of the time. These documents are often ambiguous from the start, and frequently fail to answer questions about rights and obligations of the association and owners.


Many associations have by custom and practice changed how they govern their community, but have never adopted changes in their documents to reflect that. Many associations think their documents reflect unfair results


12 Community Associations Journal | June 2021


for issues that they face. In large part, all but the most recently created communities have documents that conflict with currently applicable law, or are simply silent on many important issues.


Many associations have by custom and practice changed how they govern their community, but have never adopted changes in their documents to reflect that.


This article presents suggestions from a community manager and two members of the College of Community Association Lawyers about why you should consider revising your documents, and how you might make that that process more successful. The College of Community Association Lawyers recently published Guiding Principles for Community Association Governing Documents (available online), which may also be a useful tool to help you understand current industry trends.


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