J.R. from Middlesex County writes:
Dear Mister Condo,
We are rewriting all our documents. Where should the processes/procedures be included? Are they just noted as available in our documents so they will be checked or are they actually written in the bylaws? Do all the new laws get written into the Bylaws? Ex: bidding contracts, holding open meetings, becoming a new board member, process for closing documents and process for formal collections of common fees?
Mister Condo replies:
J.R., when questions like yours hit my desk, I turn to one of my community association attorney friends for advice. That’s what I did and here’s what the attorney had to say:
“The answers to your questions depend on the date your community was founded, the type of community, what language you are adding, and exactly what you are looking to accomplish. The law requires that some things be written into the declaration, others in the bylaws, and others in the rules. The law also regulates how the changes should be worded, circulated, approved, and/or recorded in the land records. I strongly recommend that you get an attorney familiar with these laws involved at every stage of the document rewrite process.”
That sounds like great advice to me, J.R.. Thanks for writing!