Document Amendments
Effective governing documents (declaration, bylaws, and article of incorporation) are the foundation of any successful association. HindmanSanchez offers a broad range of services to help your association evaluate your documents and determine whether amendments or revisions are necessary. If needed, we can work with you to prepare a full revised set of governing documents for your community or tailor a specific limited amendment. We’ll even help your association get its amended documents approved by owners and lenders.
”But If It’s Not Broken . . .”
In all our association counsel, we have seen how governing documents provide the framework for making any association work. The temptation for most boards is to keep the current documents as they are. But poorly constructed governing documents can create four big problems for any board.
Putting Your Documents in Order
HindmanSanchez attorneys have amended hundreds of documents for homeowner associations. From start to finish, we’re able to guide you through each step of putting your documents in order:
Taking the Next Step
We have the experience and expertise to guide your association and provide you with the counsel necessary to successfully complete the amendment process. Call one of our attorneys to find out more about our document amendment services or to schedule a meeting for us to meet with your board of directors to discuss your association’s goals and needs.
Changing your documents might seem like a big step to take, but with HindmanSanchez’s “Strength in Association®” you don’t have to take it alone.
”But If It’s Not Broken . . .”
In all our association counsel, we have seen how governing documents provide the framework for making any association work. The temptation for most boards is to keep the current documents as they are. But poorly constructed governing documents can create four big problems for any board.
- Ambiguity. If aspects of your documents conflict, trying to understand and apply the information so the board can make a decision is difficult at best, illegal at worst.
- Liability. Most times, board members don’t know whether or not their documents sufficiently protect the association or the board members themselves from legal liability until a problem arises–and then it often is too late.
- Compliance. With the passage of new laws, such as SB 100 in 2005 and SB 89 in 2006, your documents may not reflect changes in the law – meaning you will be in violation once they take effect.
- Criticism. Effective documents are essential to the smooth operation and governance of your association. Without them, board decisions may appear arbitrary and unfair to homeowners, and consensus building becomes more difficult.
Putting Your Documents in Order
HindmanSanchez attorneys have amended hundreds of documents for homeowner associations. From start to finish, we’re able to guide you through each step of putting your documents in order:
- Assessment. First, we make certain we understand your goal and objectives. Then by undertaking a document review or a legal audit, we determine what the association is currently working with, and what needs to be changed. We meet with the board to present our recommendations as to the scope and nature of the amendments necessary and to outline the avenues available to accomplish our recommendations as well as the board’s goals and objectives.
- Revision. Whether you elect to proceed with a single revision to one document or a complete amendment of all your governing documents, we focus on drafting practical, flexible documents tailored for your association. And we respect your budgetary need by doing the work as works best for you: by flat fee, hourly rate, or “fee-not-to-exceed” rates.
- We understand the difficulty and importance of convincing owners to approve amendments to governing documents. Many associations request our assistance in preparing a "Consent Package," which includes an explanation of the approval requirements necessary to accomplish the amendment, a form letter to owners and mortgagees detailing the major changes reflected in the amendment, and the proper consent forms and proxies that owners and mortgagees can use.
- Court Petition. If you are unable to obtain the required approvals, we can help you obtain court approval of your amendments–a process through which we’ve guided numerous associations. A provision in the Colorado Common Interest Ownership Act (CCIOA) allows courts to approve amendments to community association declarations. If at least half of the required percentage of owners approves the amendment, we can petition the court for official approval.
Taking the Next Step
We have the experience and expertise to guide your association and provide you with the counsel necessary to successfully complete the amendment process. Call one of our attorneys to find out more about our document amendment services or to schedule a meeting for us to meet with your board of directors to discuss your association’s goals and needs.
Changing your documents might seem like a big step to take, but with HindmanSanchez’s “Strength in Association®” you don’t have to take it alone.
