Is A Lawyer Needed for Condo Rule Changes?

D.U. from Fairfield County writes:

Dear Mister Condo,

I live in a small association that is thinking of making rule changes. Do we need to retain a lawyer to draft them or can we do them ourselves?

Mister Condo replies:

D.U., the short answer is that it depends on exactly what kinds of changes you are considering. I am not an attorney so please consider this advice as friendly and not legal. If you truly need legal advice you should contact a qualified attorney. Condo associations are governed by federal, state, and local laws as well as their own rules of governance as outlined in the condo docs. If you are doing something as simple as changing rules about noise or hours of use for a facility like a pool or tennis courts, you very likely just need to follow the proper procedures for creating or modifying rules. Here in Connecticut, that would include proper notification to unit owners that rule changes are on the agenda for the next Board meeting, the Board meeting, itself, where the rule changes were introduced and voted upon, and then proper notification to all unit owners and residents of what these new rules or modification were. The Minutes from that meeting are in the permanent record of the Association and the new rules should be published and made a part of all future condo documents. If you are uncertain as to the proper wording of a rule or are unsure if your rule violates any federal, state, or local law then you would be wise to invest in attorney consultation. Better to pay for the attorney’s advice now than need to hire one to defend against a lawsuit of your new rules are in violation of any laws. All the best!