Category Archives: GOVERNING DOCUMENTS

Are You Resisting Amending Documents Because of Mortgagee (Lender) Approval Provisions?

Amendment Provisions Requiring Lender Approval Ugh. Some HOA documents require lender as well as owner approval to amend. This creates a considerable hurdle because (1)    Lenders are difficult if not impossible to locate without great energy and expense and sometimes loans have been bought and sold so many times the borrower doesn’t even have a [...]

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UNSIGNED BYLAWS AND OTHER DOCS IN AN HOA – ARE THEY VALID?

Should a Board Rely on Unsigned Documents? Sign Them? Toss Them? A reader recently wrote to me and she was up in arms about an article/advice posted on another attorney site. Here is the message: “I read a blog on the ************* site and I was appalled by the legal advice that Unsigned bylaws are [...]

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