Issue link: https://hub.associaonline.com/i/970524
Spring Cleaning Item #1: UNENFORCEABLE RULES Spring Cleaning Item #2: PAPER COMMUNICATION REQUIREMENTS Oftentimes, governing documents also contain specific requirements that need to be changed or removed because they've become outdated over time. During your governing document review, identify any rules or regulations that make the community forego efficient technology solutions for old ways of doing business, such as paper communication requirements. "With the technology we have at our disposal, there's no reason to hand-deliver meeting minutes, send packets via snail mail, and keep homeowners from voting via email. Changing these points in your governing documents will result in higher efficiency and lower costs for your association as well as added convenience for your homeowners." -Josie Flicek Business Development Manager | Cities Management Because governing documents are the foundation of your board member duties, it makes sense to spring clean them first by conducting a full review. If your community is 20 years old or more and the Declaration only seems to confuse everyone, it might be a great time to have it rewritten and voted upon so everyone's understanding of their roles and obligations are clear. During this process, it's important to make a note of any unenforceable rules and take steps to remove them because they only add unnecessary complexity to your work as a board member. Your Declaration and Bylaws usually require that a supermajority of homeowners agree to any changes, so you will want to engage an attorney to revise them. "If the Rules and Regulations are out of date, you should revise them to be consistent with your Declaration. Ask yourself the following questions for every rule: • Is this rule necessary? • Is this rule fair? • Is this rule enforceable? If the answer to any of those questions is no, remove it or revise it until those three questions can be answered positively. Once your rules satisfy the above questions dig deeper and see if they need further tweaking or enhancement to fit the current community needs." -Jesse Dubuque, CMCA® Director of Client Development | Associa Minnesota