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The Importance of Governing Document Maintenance
Do You Need to Amend or Restate Your Governing Documents?
Article By Melissa Bauman Ward, Esq., CCAL
This article first appeared in the Communicator Magazine, Spring 2026 Issue.
Association boards are familiar with their fiduciary duty to maintain their buildings and other common area components, pursuant to their governing documents and the law. Many directors don’t realize that they have an obligation to maintain their corporations as well. An important way to maintain your governing documents is to make sure they are up to date and comply with the law. How do you know if your documents need updating? We’ll discuss the ways to tell and options for amendment or restatement.
What Are Governing Documents?
The Davis-Stirling Act defines governing documents as the declaration (usually known as covenants, conditions & restrictions or CC&Rs), bylaws, articles of incorporation (or articles of association if the association is not incorporated) and the operating rules. Each of these docu...