Q: Our community Declaration is very old and we are in the process of amending and re-drafting the documents to bring them current. One of our members has raised the possibility that our rules and regulations may not be valid due to the age of our documents. However, our bylaws have been amended in the last 5 years and they authorize our Board to adopt new rules. Do you think that our rules are also outdated and need to be renewed?
A: If your community is currently amending your Declaration, it is probably a good time to also revisit your rules and regulations but it may not be legally necessary. It is unusual that your bylaws were recently amended without also amending the Declaration, but the bottom line is that your board likely has the authority to adopt new rules and regulations if so authorized by the bylaws of the corporation. Before completing the amendments to the Declaration, your counsel should make sure that the rules and regulations are consistent with any new provisions in the Declaration because the Declaration will take precedence once it is finalized and recorded.