Can a declaration written in 1973, although outdated, still be used by an association?

Yes.  Although an older declaration does not take advantage of certain beneficial laws coming into existence after their creation, they remain in force and continue to govern all homes in the pertinent community unless/until it is revised.  However, to the extent portions of an older declaration violate current state or federal laws, these provisions may not be enforced by the association.  Therefore, it is important to have an association’s governing documents reviewed by an attorney to make a board aware of any unenforceable provisions.

Community Essentials - May 2006