Amending Governing Documents for Insurance

Question:

Hello, We are getting new HOA Master policy for our very small condo association. We have 2 units per building, only 4 buildings. Our current insurance company is no longer carrying HOA policies, so we need to switch companies. We’re told that any new company will require that we need to have some sort of language in bylaws or rules about grills (that they must be 10 feet from buildings and ???). I can’t find anything online with sample language and whether it needs to be an amendment in the bylaws or to write up a set of rules. Our Bylaws were written in the mid 80’s and back then there was no requirement about grills so we do not have anything in our bylaws or rules. Thank you

– Jennifer

 

Answer:

Hi Jennifer,

Check with the insurance company to see if you will need to include such language within your bylaws, CC&Rs, or operating rules. The operating rules will usually only need a vote from the board to amend. However, for the bylaws and CC&Rs, you will likely need membership approval. The exact requirements and process should be outlined within your governing documents.

As for the language of the amendment, it is best to ask a lawyer for assistance. You might also wish to ask the insurance company for a sample of the language they wish to see.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

company logo
company logo
company logo
company logo
company logo
company logo
company logo