Saturday 28 July 2012

Condo Docs and Bylaws are a Moving Target

By William Halternin


Are you a member of a board of your Condominium Association or just and owner of a Condominium and active in the management of your condominium or Association. One of the most overlooked items is keeping Condominium Documents up to date and accurate of the current rules and bylaws in the community.

Your Florida condominium bylaws will most likely need to be updated frequently. These will need to be changed when new laws are enacted, if it's suspected that the bylaws aren't entirely up to date, if financial difficulties or situations should arise, and if other domestic issues arise. For instance, if the bylaws restrict individuals from certain public policy acts like flying an American flag or running a business from their home, the bylaws may need to be updated.

These types of rules and regulations are often changed as a result of annual meetings of the board or homeowners. These bylaws are what govern communal rules that everyone is bound by. If these rules are not in place, you run the risk of people creating a nuisance to neighbors or trying to possibly paint exteriors or other items that affect the community as a whole.

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.

It's important to understand why the Condominium documents should be updated and how they should be done. While it's clear to understand the reasons, it's important to consult with an attorney on revising and handling these changes. What may seem like a trivial change of a rule may actually be a violation of a local law or ordinance. In summary, condo docs should be updated but with the consultation of an attorney.




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