To Amend or Not to Amend
Sooner or later most every homeowners association is faced with the question of whether or not to amend its legal documents. Here are some common questions and answers:
- Are associations legally required to amend their documents? No, but:
- Directors can be misled as to their duties and responsibilities by relying on outdated provisions.
- The legal documents may provide certain time limits for notices of meetings that may no longer be practical or required by law.
- Members may be misled into believing the documents accurately describe members' rights and obligations, legal procedures, etc.
- Documents may fail to take advantage of liberalized rules regarding meetings, director proxies, participation by members, telephone meetings, mail balloting, etc.


