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Governing Document Basics

Published on Jan 15, 2016

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PRESENTATION OUTLINE

Governing Document Basics

Michael Montag | mdm@vf-law.com

Laws

Federal, State, Local
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There are laws covering:

  • Fair Housing
  • Debt Collection
  • Solar Panels
  • Satellite Dishes
  • American Flags
  • Employment
  • ...And that's not all.
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It's not your job to enforce the law.

Remember:
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Your Governing Documents!

It is your job to enforce 
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Plat

It's a map.  Sort of. 
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Declaration

Or CC&R's

Your Declaration contains general property use restrictions

Your Declaration also creates your association.

And gives it power.

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And creates your assessment obligation.

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75% of everyone

(at least!) to amend Declaration

Bylaws & Articles of Inc.

Create entity and govern operations.
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Tell you how your association works.

Bylaws
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Membership
Voting Rights

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Meetings
Directors Officers

Powers
Insurance
Assessments

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Bylaws are easier to amend.

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Resolutions & Rules

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Resolution

Technically, every BOD decision is a
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Must be derived from a higher authority

Resolutions, Rules, Regulations, etc.
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Resolutions are typically procedural

  • Collections
  • Enforcement
  • Insurance

Everything else.

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Questions

Michael Montag | mdm@vf-law.com
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