Many of us own condominiums or rent in a condominium that are actively enforcing rules and sending violation notices. Did you know that many of these rules that are being used may not be enforceable? It's important to make sure the Condominium Documents are up to date and legitimate.
Your condominium documents are a fluid thing and should be updated from time to time as problems arise or circumstances occur that had not been previously outlined in the existing condo docs. Often Declarations are filed requiring a very large percentage of members to agree to any change in order to be approved. This is an example of an item that is often reduced to allow easier changes.
These bylaws and rules are constantly changing and many associations meet multiple times a year to vote on additions, alterations, or modifications to the existing bylaws. These meetings are the appropriate place to make these changes because often grievances and problems come to light in these meetings.
While meetings often result in an agreement or informal acceptance of new rules and regulations, often times the parties that aren't present at the meetings are the ones that are breaking these new rules. It's important to make sure that the changes that are agreed upon are formally accepted, recorded, and amended in the appropriate fashion. Without following the current documents to amend them, these rules may be meaningless.
This set of documents should include the as-built plans of the condominium, as required by the condominium act. If those plans should become damaged or worn throughout the years, this should probably be updated, or if the original plans weren't included in the existing set of documents, it should be updated. Speaking with a condominium attorney can help you determine specifically how this set of documents should be updated. As with the other documents, it should be filed with the county Register of Deeds office.
There are constantly changing statutes and rules and this often results in required changes to your condominium documents. The recent wave of foreclosures has pointed this out as many condo docs don't allow for proper recourse on defaulted occupants. Additionally associations can be limited on what benefits or access to amenities they can restrict. These types of items should be included and updated in your condominium documents.
In order to make sure you're compliant with all condominium laws, speaking with an attorney who specializes is a good idea. He or she can critique your current set of documents to determine whether they are legal and binding, and to determine whether any essential information is missing. Staying up to date is important for the board as well as all condominium owners.
Your condominium documents are a fluid thing and should be updated from time to time as problems arise or circumstances occur that had not been previously outlined in the existing condo docs. Often Declarations are filed requiring a very large percentage of members to agree to any change in order to be approved. This is an example of an item that is often reduced to allow easier changes.
These bylaws and rules are constantly changing and many associations meet multiple times a year to vote on additions, alterations, or modifications to the existing bylaws. These meetings are the appropriate place to make these changes because often grievances and problems come to light in these meetings.
While meetings often result in an agreement or informal acceptance of new rules and regulations, often times the parties that aren't present at the meetings are the ones that are breaking these new rules. It's important to make sure that the changes that are agreed upon are formally accepted, recorded, and amended in the appropriate fashion. Without following the current documents to amend them, these rules may be meaningless.
This set of documents should include the as-built plans of the condominium, as required by the condominium act. If those plans should become damaged or worn throughout the years, this should probably be updated, or if the original plans weren't included in the existing set of documents, it should be updated. Speaking with a condominium attorney can help you determine specifically how this set of documents should be updated. As with the other documents, it should be filed with the county Register of Deeds office.
There are constantly changing statutes and rules and this often results in required changes to your condominium documents. The recent wave of foreclosures has pointed this out as many condo docs don't allow for proper recourse on defaulted occupants. Additionally associations can be limited on what benefits or access to amenities they can restrict. These types of items should be included and updated in your condominium documents.
In order to make sure you're compliant with all condominium laws, speaking with an attorney who specializes is a good idea. He or she can critique your current set of documents to determine whether they are legal and binding, and to determine whether any essential information is missing. Staying up to date is important for the board as well as all condominium owners.
About the Author:
Looking to find a copy of your condo rules and regulations, then visit www.flcondodocs.com to find a copy of your Condo Docs.
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