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Community associations depend on their governing documents to provide a legal framework for operations. These documents come in many forms and help define the rules, rights, and obligations between an association and its members to help protect the community and promote harmonious living.
Guiding Principles for Community Association Governing Documents: A Resource for Lawyers, developed by CAI’s College of Community Association Lawyers (CCAL), will help attorneys draft these documents for new and currently developing communities.
This 25-section resource also can be useful when community association board members and managers begin considering amending or restating existing governing documents.
Each of the sections discusses the purpose and intent of the governing provision and applies to a wide array of different common interest community structures.
While these guidelines do not address every issue to be included in or the specifics needs of a community, this guide’s main purpose is to emphasize the importance of organization, consistency, clarity, and brevity as the guiding principles for association governing documents.
CONTENTS
1. Developer/ Owner Interests – An Essential Balance
2. Use of Clear Language/Plain English
3. Unit Boundaries and Location
4. Delineating Upkeep Responsibilities
5. Use Restrictions
6. Leasing Restrictions
7. Amending Governing Documents
8. Insurance and Risk Management
9. Responsibilities After a Property Loss
10. Enforcement
11. Mortgagee Rights
12. Owner Meetings
13. Powers and Duties of the Board
14. Removing Impediments to Effective Board Governance
15. Liability and Indemnification of Directors
16. Managing Agent
17. Maintenance and Inspection of Books and Records
18. Allocation of Assessment Liability
19. Assessment Collection Policies
20. Association Reserves
21. Rules and Regulations
22. Architectural Control
23. Authority of Committees
24. Dispute Resolution
25. Sunset Clauses for Developer Provisions
ABOUT THE COLLEGE OF COMMUNITY ASSOCIATION LAWYERS
The College of Community Association Lawyers (“College” or “CCAL”) includes lawyers who have demonstrated skill, experience, and high standards of professional and ethical conduct in the practice of community association law, and who are dedicated to excellence in the specialized practice of community association law.
The College provides advanced professional educational programs to its fellows and identifies and contributes to the solution of community association legal challenges. It is a collegial forum for the exchange and development of ideas by some of the most knowledgeable attorneys in community association law.
CCAL GOVERNING PRINCIPLES TASK FORCECO-CHAIR Laurie S. Poole, Esq.*
CO-CHAIR and EDITOR Robert M. Diamond, Esq.*
Henry A. Goodman, Esq.*
Jasmine Hale, Esq.*
David W. Kaman, Esq.*
Susan Hawks McClintic, Esq.
Michael McKelleb, Esq.
Scott A. Rosenlund, Esq.
Harmony Taylor, Esq.
Allen Warren, Esq.*
Scott D. Weiss, Esq.*
*Fellow, College of Community Association Lawyers
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