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Legal Review of Policies and Governing Documents

  • 7 May 2026 9:30 AM
    Quote
    Message # 13629210
    Tim Huiting (Administrator)

    from Michael MacLauchlan, Montezuma

    1. How do you choose when a policy should be reviewed by legal counsel?
    2. If you wish to review all of your HOA documents for possible updating, do you use legal counsel or do you create your own (based upon a best practices template) and then have it reviewed by legal counsel?
    3. What is the 2026 price range that can be expected for HOA documents (bylaws, policies, declarations) to be reviewed?  Are you charged hourly or pay a fixed amount per document or page?
    Last modified: 7 May 2026 9:59 AM | Tim Huiting (Administrator)
  • 7 May 2026 10:31 AM
    Quote
    Reply # 13629236 on 13629210
    Derek Dalessandro (Decatur)

    there isn't an easy answer to this and several HOAs near you have recently done this process like Decatur.  We found that Altitude had a package price to modernize the documents of about $9000 but you also have to consider that not all activities are included.  We paid extra to make the changes clear to the owners in table form because a redline was not possible due to extensive changes and only having low quality scans of prior documents.

    The biggest thing in our opinion is making the documents living so that changes are easier over time, particularly with change to CO law that the owners don't have an option to adopt.  If your docs are 40 years old like ours were, they needed an update.


    Derek
  • 8 May 2026 8:02 AM
    Quote
    Reply # 13629554 on 13629210
    Michael Mac - Montezuma

    Rather than red line I wonder if it's easier to start from scratch. 

    I wonder if an HOA could take the lead and write policies and bylaws (not sure about declarations they may be set in stone) and use the best practices and the most desirable versions with owner input together consensus, then present them to legal counsel for ultimate adjustment. Once legal makes final adjustments the documents would then go to the owners for formal adoption.

    It might take longer but it might save on legal fees and with owner initial input might be easier to implement / adopt.

    Thoughts?
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