7 Steps for Amending Your Condominium Documents

December 14, 2020

Now more than ever, it’s clear that the world—and the regions, cities, and communities we live in—can change in an instant. Whether it’s emerging technology or newly established laws, gradual changes in the world around us affect how we live our lives. As a board member, it’s crucial to keep a finger on the pulse of the ever-changing needs of your community. And in doing so, you must ensure the rules and restrictions in your governing documents are also keeping up with the times.

Outdated communication requirements, ambiguous or missing information, and vague developer declarant rights are all reasons to reexamine the governing documents. Work with residents to review existing rules, identify areas that may need adjustment, and examine processes needed to amend the regulations that don’t hold value for your condominium. Whether it’s the declaration, bylaws, policies, procedures, guidelines, or rules and regulations, these seven steps will help you prepare amendments to your corporation’s documents in a timely and efficient manner.  

1. Create a committee.

The best way to effectively accomplish everything needed to amend governing documents is to create an ad-hoc Document Review Committee. This committee will focus on writing a resolution, the proposed amendments to the documents at hand, which will ultimately need board approval.

2. Set a timeline.

Because it’s so overwhelming, the task can easily be pushed aside or dragged out for months. To prevent this from happening, you should define a timeline for completion. Try to follow a one-month timeline, meeting on the same day and time once a week for two hours. Though it may be a lot to ask of the committee members, this will ensure focus on the task.

3. Specify the responsibility of the committee.

Evenly distribute the workload among all committee members, assigning each person sections of the documents to review and draft proposed amendments. Make sure the committee assigns a chairperson and secretary, as these positions will hold special roles. All of the information gathered from the document review should filter through the secretary, who will be responsible for tracking all recommended changes. The chairperson of the committee will keep the committee on track and set the timeline for discussion on each section of the documents.

4. Involve the corporation’s lawyer.

Some legally binding documents will require legal oversight to amend. Allow the corporation’s lawyer to review the documents alongside the committee, approve all changes, and attend a committee meeting to answer questions and provide guidance on the proposed amendments.

5. Adopt amended documents.

Your governing documents will outline the steps for adopting amended documents. Prepare a resolution for action by the board or a vote of the owners as required.

6. Obtain a final legal review.

Provide the final version of the revised documents to the lawyer for their review, instructing them to file the documents as amended with the appropriate governmental entities.

7. Distribute the newly amended documents.

Once the documents have been filed and appropriately vetted, make sure to share them with homeowners as soon as possible. Lastly, disband the committee.

Though amending corporation documents can be a lengthy, strenuous process, seeing the difference these updates make in your community makes it worth it.

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