Our Association Only Amends Documnets Every Ten Years.
I recently heard from a condominium board member who stated that their declaration of covenants and conditions could only be amended every ten years, but the association was 30 years old and they where having trouble collecting assessments because of the archaic way in which the documents were established and written.
If homeowner associations have in their declaration a provision which only allows for an amendment every ten years or so, these associations should seriously consider passing an amendment to their documents to eliminate that requirement. It is simply a bad provision to have in the documents since federal, state and local laws affecting community associations could change long before the ten years cycle comes full term.
An upgrade and/or amendment to the association documents would provide the association and the co-owners with all the protections to which they are entitled. Associations in these predicaments should consult with an experienced community association attorney to assist them in the endeavor of amending their documents.