As association attorneys we are in need of the governing documents in order to answer questions posed by the board or the manager. Frequently we have those documents in that association’s file if we regularly represent that association. We do need to keep up to date on any changes in the rules and regulations or architectural guidelines which may be made without our input or review. Of course, we do believe it is a good investment for associations to allow us to review proposed rule or guideline changes before implementing to insure enforceability.
We also frequently need subdivision plats and condominium plats and plans to answer questions involving document interpretation. We find that many associations do not have these documents and we have to acquire them which is often challenging with older communities. We recommend that all managers and boards attempt to obtain plats and plans when being engaged by a new company. In the case of condominiums, the Code defines the condominium documents as the declaration, bylaws, plat and plans so that without the plat and plans one does not have a complete set of the governing documents. Subdivision plats for homeowners associations often have a number of “notes” on the first page which refer to easements and requirements of ordinances.
We recommend you check your association files to determine if you have all the documents you might need for reference in order to more effectively manage your associations.