Revision of old HOA Documents

I'd tell him to do his own bloody research - Google can become his new best friend. If he doesn't want to do that, he can simply vote against the changes. You need a certain percentage of homeowners to approve it anyway, and I'm sure he's not going to be the deciding factor.

You've given very good reasons for revising the documents- in fact, I've always recommended people take a look every five-seven years to see what may need to be tweaked, dropped altogether or added. The first time you fo a wholesale revision, it can be expensive and take a lot of time, but you may find you won't need as many changes 5-7 years from now.

Thoughtful people don't wait until a threat is on top of them - instead they do a type of risk assessment and determine what's needed to reduce the risk. No, you'll never eliminate it compkete (that's how life works), but this can help you anticipate future problems and have a plan on how to address them.

Put another way, it's why we have insurance, save for retirement and visit the doctor once a year. Its also why we have new laws being enacted year after year. Is this guy really that addled?? Oh, well.

Look around this website and you'll see lots and lots of people suing their association because there were issues with trying to enforce things that were already invalid because of changes to state or federal law, or an argument ensued because the homeowner interpreted a section one way, the board another- and then the judge added his/her interpretation.

I don't know about anyone else, but I hate HOA lawsuits because ultimately that comes out of the pockets of all homeowners, including moi. I'd rather have documents that make sense, along with board members and homeowners who can read and understand and then comply. Use association onet fir maintaining the common areas and fund reserves so we can avoid special assessments.

Fine reply from the very experienced former board member, Shelia.I agree. Tell him to look it up. Dean nails it, too,I think. Unfortunately, Mich. is not required to have board meetings open to owners.

With all the work you're doing on your own, Lou, In all truth, I'd repeat one more time the several reasons for updating your Bylaws, Articles of Incorporation (if needed), and your covenants, conditions and restrictions, i.e., your declaration. You have the latter, right? One good reason is that lenders really prefer to see up to date CC&Rs.

Once you politely repeat the good reason reasons, which are available in online sources, as you seem to know, simply tell him, your communications with hm on this subject is over. The revisions, restatement, or amendments will benefit everyone in your association and ask him for his vote when the time comes. He is harassing you,Lou and you do not have to put up with it.

You have been most helpful, SheilaH. I liked everything you said and may repeat much of it verbatum. Helped me immensely. Thanks so much!

I think it's the wrong thinking about avoiding lawsuits why your updating the documents. That isn't what you do it for. What the purpose of the CCR's, Articles, and By-laws (Best to do all 3 at same time) is the CONDITIONS and RESPONSIBILITIES of what your HOA wants. It is to define voting rights. Basically does your HOA not like having "Rainbow" painted houses? Does it have a specific appearance and color scheme? This is where one defines what the "Vision" your HOA is to be.

It also allows to modify to updated technology. If one wants to put in solar and the documents say "No solar" then you vote to adapt allowing solar.

Yes, people do sue because of the lack of enforcement of the rules. That is very common. However, you don't write the rules to avoid being sued. That is going to happen whether or not it's written.

While specific data on lawsuits against HOA associations due to outdated documents may be challenging to provide, legal cases often arise when governing documents are unclear or outdated. To strengthen your case, consider highlighting general instances of legal disputes within the realm of homeowners associations, emphasizing the importance of preventive measures to avoid potential litigation and associated costs.