Condominium Instruments

At Winer & Bennett, we understand that the condominium instruments are not just necessary for the creation and establishment of your association, but also set the tenor and tone for the community. Accordingly, it is critical that documents such as the Master Deed, Trust and/or By-Laws and the Rules and Regulations accurately and clearly address the rights, responsibilities and restrictions to which the unit owners and the association are bound. As these are legally-enforceable documents, the language should be drafted with precision.

An association’s needs relative to the condominium instruments vary over time. At Winer & Bennett, we have the ability to assist you throughout the “life cycle” of the association. At the inception of a community association, you will need initial instruments drafted. Utilizing our knowledge and experience, our team is capable of preparing a thoughtful set of instruments designed to provide clarity and coverage with respect to the various aspects of the property and the type of community to be created.

During the term of the association, you may require assistance developing or clarifying the rules and regulations. The board may also wish to adopt policy resolutions on specific topical issues such as satellite television antennas and insurance coverage. Again, Winer & Bennett can provide the assistance necessary to draft clear, appropriate and enforceable language.

As an association ages, it is possible that the governing instruments become “dated” and require updating in order to be relevant and properly adjusted to the present norms of our changing society. Rules and Regulations may need to address newer and more modern issues. Fines may need to be adjusted to maintain consistency with the changing value of money. Winer & Bennett can review your documents to provide suggestions for beneficial updates and amendments. We can also assist you with undertaking the process necessary to implement the new language.

At any point, you may have questions or concerns regarding the proper interpretation of the language in the documents. Our attorneys are able to provide such advice through formal opinion letters. Where applicable, our attorneys will bring their knowledge of statutory and common law to bear on the proper interpretation of existing language or the suggested language for potential amendments.

Of course, a governing board may always be called upon to enforce the instruments of the association. Winer & Bennett provides an array of services in this respect and details are provided in the “Association Operations” section of this website.