Whether you were just elected to an HOA board or have served on the board for ten years, your HOA should eventually take the time to review its community agreement, often known as the CC&Rs, which stands for Covenants, Conditions, and Restrictions.
It is preferable to be proactive in ensuring that your CC&Rs match the needs of the HOA rather than waiting until something happens that reveals an oversight or other unresolved issue before you take the appropriate measures to evaluate the contract. Scottsdale hoa management companies can help you manage your HOA better.
You Might Not Have Had an HOA Attorney Draft Your CC&Rs
Many HOA boards see regular turnover, and HOA rules and procedures are frequently passed along from board member to board member without a clear grasp of their origins, ongoing relevance, or effects. As a result, your CC&Rs may have been written long ago, and you might not even know who wrote them. It’s possible that a sample CC&Rs document was downloaded from the internet or a generic form library by some boards, who may receive it from an attorney who does not even specialize in HOA law.
All of this implies that the CC&Rs agreement you now have in place might not have been written by a lawyer who is familiar with the complex problems HOAs confront and how to address them in the contract. By working with an HOA attorney, you may make sure that the appropriate improvements are made to satisfy your HOA’s unique demands.
The Contract Might Not Comply With Applicable Law Or Other Issues.
In connection with the point above, your CC&Rs agreement may not have been revised to reflect current changes to the law or other problems that might not have been significant when it was established, even if it was created by an HOA attorney to address the needs particular to your HOA.
An HOA attorney can help your HOA stay up to date as HOA legislation constantly changes due to new statutes approved by state legislatures and rulings rendered by state courts.
Hire an attorney!
The cost of hiring an attorney may be the biggest deterrent for HOA boards, but in the case of HOA liability, the adage “an ounce of prevention is worth a pound of cure” has never been more true. You can take steps to avoid the HOA being drawn into conflicts and litigation with the spectre of large damages and attorney bills down the road by consulting with an attorney to make necessary revisions to a CC&R.