L.M. from Michigan writes:
Dear Mister Condo,
Is there a legal way for an association to write new rules without re-writing the bylaws? Will something like an amendment or addendum cover us? Can we legally do this without going through an attorney?
Mister Condo replies:
L.M., the rules for changing or modifying the rules are usually within your governing documents and/or state law. The use of an attorney is not always required but can be good advice if the association is unsure of the correct procedure or may be creating rules that are actually in violation of state laws. The sage advice of an experienced attorney who is familiar with your local state laws can be priceless in helping the association avoid a lawsuit. Check your governing documents so you understand who has the power to change the rules (the Board in most cases although some rule changes may be subject to a vote from the homeowners as well) and also check with your state’s laws governing condominium associations. As long as your rule changes are made in accordance with both, you may not need an attorney. All the best!