Condo Association Management Blog

We are in the same situation - would love to hear some tips - we are located in Connecticut

The CC&R's are a legal document. Sit down with the attorney and be honest with him and tell him or her your goals. If enough owners have indicated that they will approve amended and restated CC&R's, it shouldn't be a lot of the lawyer's time. The big expense is time. The less time, the less cost. You can ask the attorney for a boilerplate and offer to pay him or her to review it rather than write it. 
 
Good luck!

Check out the following sites for some guidance. 
http://atlantacommunitymanagement.wordpress.com/2012/01/26/ccrs-rules-and-restrictions-on-your-home-community-regulation/ 
 
and 
 
http://atlantacondominiummanagement.wordpress.com/2012/01/23/sample-of-bylaws-for-a-condominium-association-or-hoa/

Suggest you seek out attorney that specializes in condo/community law, not a generalist. While I believe they as a group tend to "lawyer you to death", they are best suited to guide you through the common housing mine field.

Not only your CC&Rs have to be really thought through so you don't have to do this again soon,but they also need to comply with all everchanging laws dealing with HOAs. 
 
Certain things just need to be done by a professional.

I agree with Kay when she says that you need a condo law attorney, as your Association's governing documents need to be in compliance with your state's condominium laws as well as corporate laws. You may be able to find an attorney who has previously written CCR's for another condo and has them on file. All the attorney needs to do then is to adapt them to the specific needs of your Association, which would be less costly than starting from ground zero. A second option would be rewrite them yourself to improve the wording and then have an attorney review, add to, and amend what you had written, also less expensive. Good luck.

I certainly agree with those that suggest obtaining legal council. The governing documents, regardless of the size of your community, become that which is "written in stone". They are not designed to be changed willy-nilly, and will affect future owners etc. They are not to be taken lightly, and should therefore be done properly which may include potential legal ramifications.  
 
This being said, if you are looking to modify only certain provisions, it may be possible for the board to amend the documents without the use of an attorney. 
 
To do this, you could obtain the documents of other associations to identify the appropriate format and language etc. of the provisions you wish to change. 
 
At a very minimum, make sure that you follow the rules in your existing documents with respect to making such changes. (i.e. - required number of votes, meeting notice etc.) Once you draft your amendment, it will need to be recorded usually with the county clerk (sometimes by the secretary of your state).  
 
If the changes are minimal as oppose to an entire re-write, it might make sense to use an attorney anyway since legal fees might be likewise minimal. Of course if you use an attorney the first time, you may be able to gain the knowledge to do it yourself for the next "small change".  
 
 
 
If the docs are simply ambiguous or need clarification etc., you many not necessarily need to re-do the entire CC&R, as this can be done by resolution. You should think about what you are trying to accomplish and why. On the other hand, if you are trying to contridict specific language in your docs, then a recorded formal change is most likely a must.  
 
 
 
Good luck. 
 

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