Sometimes written proof of the proper adoption of amendments, rules or architectural guidelines is lost. It may be due to poor record keeping, floods, fires, or turnover of management companies.

If at some later date the amendment, rule or guideline is challenged and no direct evidence of its approval or adoption can be found, associations can present circumstantial evidence that the amendment, rule or guideline had been duly adopted. Unlike direct evidence, circumstantial evidence does not directly prove the fact in question. Instead, circumstantial evidence may support a logical conclusion that the disputed fact is true. (Clear Lake v. Cramer)