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Can we create a new declaration to completely replace the old one?


This question is submitted by Ohio Girl. out of Ohio.

Our Declaration is over 40 years old and was originally written to offer investment properties. When that didn't go over so well an addendum was added for conversion to condominium. In addition the only copy available to the current board is what we can get off the county web site and it is in poor readable condition.

In addition our bylaws are very generic showing only bare bones requirements We do have a Rules and Regulations document.

But in all cases, where there is a dispute one is supposed to go back to the declaration which besides being hard to read, often does not address the question.

I know we can do new bylaws, but Is it possible for us to create a new declaration to completely replace the old one? I found one group on the internet that did but then lo and behold was that old reference to the original declaration being referred to in case of conflict. That is what we want to avoid.


Answers (7)

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