Governing documents are the heart of any homeowners association. If your heart is not well maintained, you will not be able to function properly. The same is true for an association that does not have complete and up-to-date governing documents.

If your documents pre-date laws addressing important topics such as assessment collection, election rules, document disclosures and water damage claims, your association needs to update their documents.

Some reasons for restating your documents:

  • Current Laws. In 1986, the “Davis-Stirling Act” went into effect. On January 1, 2014, a revised and restated Act took affect, putting governing documents throughout the state out of sync with the law in areas such as the Open Meeting Act, director conflicts of interest, electric vehicle charging stations, secret balloting, pets and rentals, to name a few.

  • Maintenance Obligations. Older documents are often ambiguous when it comes to maintenance responsibilities. Developers are known for using boilerplate documents that often mention components that do not even exist within the development. Failure to properly define duties leads conflict, insurance disputes and litigation.
The menu on your left describes the drafting, amendment and restatement services we offer. If you have questions or need a quote, contact me.

     

Russ Higgins
Attorney at Law
ADAMS KESSLER PLC