§421J-7.5 - Restatement of association documents.
[§421J-7.5] Restatement of association
documents. (a) Notwithstanding any provision of this chapter, an
association, by a resolution adopted by the board, may at any time restate the
association documents of the association to include amendments to the
association documents.
(b) An association, by a resolution adopted by
the board, may at any time, restate the association documents of the
association to amend the association documents as necessary to conform with
this chapter or any other applicable law, ordinance, or rule; provided that any
association documents restated pursuant to this section shall:
(1) Identify each portion so restated;
(2) Contain a statement that those portions have been
restated solely for purposes of information and convenience;
(3) Identify the law, ordinance, or rule implemented
by the amendment; and
(4) Contain a statement that, in the event of any
conflict, the restated association documents shall be subordinate to the cited
law, ordinance, or rule.
The restated association documents shall be
effective for all purposes as if adopted by a vote or written consent of the
members.
(c) Upon the adoption of a resolution pursuant
to subsection (a) or (b), the restated association documents shall state all of
the operative provisions of the original association documents, together with a
statement that the restated association documents correctly state the
corresponding provisions of the association documents, and that the restated
association documents supersede the original association documents and any
relative amendments.
(d) A restated association document shall be
recorded if the original document was recorded and the restated association
documents shall supersede the original association documents and any relative
amendments. In the event of any conflict, the restated association documents
shall be subordinate to the original association documents and any relative
amendments. [L 2008, c 70, pt of §2]