Check an operating rule against the five validity conditions
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List which of the five § 4350 conditions the draft does not show. If the draft amends the declaration, say so and stop. Do not decide that the rule is reasonable.
- What the lawyer must review
- You decide whether the rule is valid. Section 4350 says an operating rule is valid and enforceable only if it is in writing, it is within the authority of the board conferred by law or by the declaration, articles, or bylaws, it is not in conflict with governing law and those documents, it is adopted, amended, or repealed in good faith and in substantial compliance with the article, and it is reasonable. If the draft amends the declaration, § 4350 is the wrong test. Section 4270 says a declaration may be amended pursuant to the declaration or this act and, except where § 4225, 4230, 4235, or 4275 provides another process, the amendment is effective only after approval by the percentage of members the declaration requires and by any other person whose approval the declaration requires, certification in a writing executed and acknowledged by the designated officer or, if no one is designated, by the president, and recording in each county in which a portion of the development is located. If the declaration specifies no percentage, § 4270(b) says the amendment may be approved by a majority of all members, pursuant to § 4065. Section 4065 was not opened. The tool does not decide that the rule is reasonable and does not certify an amendment.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.