The formation of a community association, whether it be a condominium or a homeowners association, can be complex. The creation of the Governing Documents is especially an essential and integral aspect during formation. The purpose of a community association’s governing documents is to provide for the legal structure and operation of the community. Normally, the documents included within are a recorded plan, Declaration or Master Deed, Articles of Incorporation, By-Laws, and Rules and Regulations. Membership of the community association is automatic when one purchases property within the association and creates a binding relationship between each owner and the association. Since the governing documents establish the mechanisms for governing and funding the association’s operations, as well as define the rights and obligations of both the association and its owners, it is imperative to ensure that they are well written and all-inclusive.
Griffin Alexander, P.C. realizes that community associations must adhere to their governing documents, as well as comply with any and all laws at the local, state, and federal levels. Moreover, our team is cognizant that the structure of governance, before transition, must be flexible enough for the developer yet specifically establish the rights and responsibilities of the association, the owners, and the residents. Paying close attention to the specific needs of each association, we are able to create a governance structure that encourages involvement by owners and other residents, enables rather than impedes the business and financial management of the association, and establishes policies that recognize the responsibilities of the association and owners.
For any questions about this blog, or to schedule a consultation with an attorney, contact Griffin Alexander, P.C. at 973-366-1188 or through our website here!
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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