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Effective
governing documents (declaration, by laws, and articles of incorporation)
are the foundation of any successful association. We offer a broad
range of services to help your association evaluate your documents
and determine whether amendments or revisions are necessary. If needed,
we can work with you to prepare a revised set of governing documents
for your community or tailor a specific limited amendment. We’ll
even help you get the amended documents approved.
Why
Fix What's Not Broken
Governing
documents provide the framework for making any association work. The
temptation for most boards is to keep the current documents as they
are. But, poorly constructed documents can create big problems for
any board including:
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Ambiguity.
If aspects of your documents conflict, trying to understand and
apply the information is difficult at best, and unlawful at worst.
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Liability.
Most times, board members don’t know whether or not their
documents sufficiently protect the Association, or themselves,
from legal liability until a problem arises – and, then,
it is often too late.
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Compliance.
With the passage of new laws, your documents may not reflect changes
in the law- meaning you will be in violation once they take effect.
Putting
Your Documents in Order
From start
to finish, we guide you through each step of putting your documents
in order:
- Assessment.
We make certain we understand your goal and objectives. Then,
by undertaking a document review or legal audit, we determine
what the association is currently working with, and what needs
to be changed. We meet with the board to present our recommendations
as to the scope and nature of the amendments necessary and to
outline the avenues available to accomplish our recommendations
as well as the board’s goals and objectives.
- Revision.
Whether you elect to proceed with a single revision to one document
or a complete amendment of all your governing documents, we focus
on drafting practical, flexible documents tailored for your association.
- Approval.
We understand the difficulty and importance of convincing owners
to approve amendments to governing documents. We assist you by
providing an explanation of the approval requirements necessary
to accomplish the amendment, creating a form letter to owners
and others detailing the major changes reflected in the amendment,
and , preparing the proper consent forms and proxies that owners
and others can use.
Taking
the Next Step
We
have the experience and expertise to guide your association and provide
you with the counsel necessary to successfully complete the amendment
process. Call us to find out more about our document amendment services
or to schedule a meeting for us to meet with your board of directors
to discuss your association’s goals and needs.
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