Did You Know?

Reasons to Amend Association Documents

The most common reasons for amending association documents are the following: to delete or modify restrictions that are outdated, ambiguous or unreasonable; to comply with changes in federal, state and local laws or ordinances; to delete or modify provisions inconsistent with the management and operation of the association; to delete provisions regarding the rights of the developer after the developer is no longer in control; and to correct provisions that conflict with other governing documents (bylaws, articles of incorporation and rules and regulations).

Because there are several requirements which must be met prior to amending an associationís documents, an association should prepare a strategy for amending the documents to assure that they meet the needs of the association and are enforceable.

The Mulcahy Law Firm, P.C. has successfully assisted hundreds of associations in the process of amending documents using a five step plan.

For more information please review our Mulcahy Community Association Cheat Sheet, Amending Association Documents & Implementing Rental Restrictions : http://mulcahylawfirm.com/news/2018%20Amend%20Assoc%20Docs.pdf