Homeowner associations (HOAs) are not legally obligated to amend their documents after certain periods of time. However, if HOAs do not amend documents regularly – about once every five years – it can have certain adverse effects. These effects can include:
- Outdated provisions can mislead directors regarding their responsibilities and duties.
- The documents might not properly guide the preparation or distribution of financial reporting.
- The documents might not accurately set out member rights and legal procedures to protect their rights
Laws change on a regular basis, and all HOA documents should be updated in accordance with all applicable amended laws. If HOA documents conflict with updated laws (either case law or statutory law), the law will generally prevail in most situations, which can be harmful to the HOA.
To prevent obsolete or outdated provisions, you should regularly seek the help of an HOA attorney to update your association’s documents. These can include:
- Articles of Incorporation
- Covenants, Restrictions, and Conditions
It is important to have an attorney assessing the provisions of your documents that need to be revised and drafting new provisions in a manner that is consistent with current statutes and case law. This can help to make sure that your members are aware of their rights, and it helps to prevent unexpected liability on the part of the HOA should a legal dispute arise.
Consult with Our HOA Lawyers in Los Gatos Today
At Pratt & Associates, we know that many HOAs have outdated documents, and we are ready to review your documents and help you update them to best protect your association’s interests. Whether you are considering a revision of documents or are facing a conflict with members, you should always have the right legal assistance. Call 408.369.0800 or contact us online to discuss your situation and how a Los Gatos HOA attorney can help.