b'FEATURE columnAmending Association Documentsby Ben Rabin, Esq.First, for the purpose of this article, theterm governing documents refers pri-marily to a Declaration of Condominiumor Declaration of Covenants andRestrictions (or in the case of a cooper-ative association, the Master ProprietyLease) as well as the Bylaws andthe Articles of Incorporation for the cor-porate entity that is the association.However, it is also important for associ-ations to regularly review and revise therules, regulations, architectural stan-dards, policies, etc. that govern thecommunity.T herearenumerousreasonsthatassociationsshould following provisions and related questions: Doesyourconsideramendingtheirgoverningdocuments.Typically, Transfer,LeaseandOccupancyProvisions.the most important reason for amendment is to ensure association have sufficient control to protect the residents in yourthat the documents are consistent with the current laws of community?the State of Florida. Maintenance Provisions. Are the maintenance provisions inForexample,bylawsoftencontainnoticeandelection the governing documents clear enough to easily understandprocedures that are inconsistent with applicable statutes.Insurance and to avoid potential conflict with owners regarding who isprovisions in condominium declarations are also often outdated responsible maintaining certain improvements, especially withand inconsistent with Section 718.111(11) of the Condominium regard to windows, doors, utility lines, etc.?Act.Anotherreasontoamendthegoverningdocumentsisto InsuranceProvisions. Aretheinsuranceprovisionsremove unnecessary, obsolete and often unhelpful developer provi- consisitentwithFloridalawandsufficienttoprotectyoursions.Remember, developers draft the governing documents in a community?manner that will help sell homes, not typically for efficient and AssessmentProvisions. Aretheassessmentprovisionsappropriate future governance of the community.Furthermore, consistentwithFloridalawandsufficienttoprotecttheeven if the documents were originally drafted well, communities financial health of the community?change over time and provisions such as architectural restrictions Parking Restrictions.Are there any parking concerns inneed to be updated to reflect the current trends in the industry.the community that may be addressed by amendment?Common practices also change over time. A great example of UseRestrictions.Dothecurrentuserestrictionscoverthis relates to parking provisions and restrictions that prohibit pick- current issues facing communities, such as the use of drones,up trucks in a community.Many communities have updated and displayofpoliticalflags,harassmentofassociationagents,modifiedparkingpoliciestoremoveoutdatedtruckrestrictions support animals, etc.?fromtheirdocumentsinlightoftheavailabilityofverynice Emergency Powers. Does the Board have sufficientpersonal use trucks on the consumer market. authoritytoadoptnecessaryrulesandpoliciesinWhen reviewing your governing documents to determine if theeventofanemergencysituationsuchasahurricaneamendments may be appropriate, the Board should consider the or the current COVID-19 pandemic?10 - Suncoast Review Spring 2021 www.SuncoastCAI.com'