Contributed by Scott Weiss, Esq.
Clear, well-crafted governing documents are the backbone of a thriving community association. When drafted properly, they reduce conflict, empower boards to address issues confidently, and provide a solid foundation for long-term stability.
These essential documents need to be regularly reviewed, evaluated, and strengthened to keep up with changing conditions, issues, and attitudes.
“The frequency of the need to update governing documents depends on their age, changes in the community, or the law over time. There is no rule of thumb,” says Bob Diamond, an attorney with Reed Smith in McLean, Va. “The time is right when the need arises.”
A CAI past president and a fellow in CAI’s College of Community Association Lawyers, Diamond says the process will vary by community. An attorney can draft revisions quickly, but ultimate approval can take between two months to two years depending on a host of issues including notice and meeting requirements, the scope of proposed changes, and the nature of the community.
When considering updating documents, it may be helpful to think about it in terms of a traffic light. Red light provisions must be amended. Yellow light provisions should be amended, and those falling in the green light category can be amended later in conjunction with updates in other categories.
RED LIGHTS: VIOLATIONS OF LAW
Amendments that violate current state or federal laws, conflict with different sections within the same set of governing documents, and are silent or open to differing interpretations must be changed.
Disparate impact violations are present when a governing document policy, rule, or practice disproportionately and unjustifiably harms members of a protected group. These types of violations are commonly seen in association swimming pool policies. These kinds of provisions could be a disparate impact violation of the age/familial status protected class under the federal Fair Housing Act depending on how the swimming pool restriction is worded.
Another common violation found in association governing documents are restrictions or prohibitions on installing antennas and satellite dishes. The FCC prohibits associations from adopting regulations that prevent, unreasonably delay, or increase the cost of antenna installation, maintenance or use, or preclude reception of an acceptable quality signal.
Flags are another hot topic to consider when updating governing documents. The Freedom to Display the American Flag Act of 2005 prohibits associations from adopting any regulation or provision that restricts or prevents the display of the U.S. flag on private property. In addition to flags, the display of political signs and banners by owners and residents in associations also have been the subject of many state laws.
Other red-light situations include inconsistent or ambiguous provisions.
YELLOW LIGHTS: PROCEED WITH CAUTION
Yellow light amendments are needed but not necessarily critical. A few common examples include:
Quorum requirements. Amending association bylaws to lower the required quorum should be considered so that important association business can be conducted.
Virtual meetings, notices, and voting. Many states have adopted laws that allow nonprofit corporations to conduct meetings and vote using virtual platforms.
Remove specific dollar amounts. Association governing documents that include specific dollar amounts or caps on assessments and other fees should be amended.
Leasing restrictions. Amending association governing documents to add new leasing regulations, provisions to enforce violations, or enhance existing leasing provisions is desirable to many associations.
GREEN LIGHTS: A FRESH START
Governing document provisions that are not critical may be included when undergoing other cleanup to the documents; these might include removing references to declarant/developer, changing the association’s principal address, and defining business and calendar days.
Always consult an attorney well versed in community association law to review your documents, provide recommendations, and draft amendments with input from the board and association members.
Scott Weiss is with Kaman & Cusimano in Brentwood, Tenn. A fellow in CAI’s College of Community Association Lawyers, he serves on the CCAL Board of Governors.
>>Read more about updating community governing documents in “Signal Upgrade” in Common Ground May June 2026.
>>Guiding Principles for Community Association Governing Documents: A Resource for Lawyers, developed by CAI’s College of Community Association Lawyers, will help attorneys draft and update documents when board members and managers consider amending or restating existing governing documents.
