Revised documents again. Is this a significant change?

Here are some changes that were made without explanation when our documents were revised. As you can see, "Board of Directors" was substituted for "Association" and "Declarant" (which is the Association). To me, this clearly changes the meaning of the section. But is it significant?

Article III Association

(Old) The Declarant shall administer the operation and management of (community name) and undertake to perform all acts and duties incident thereto in accordance with...

(New) The Board of Directors shall administer the operation and management of (community name) and undertake to perform all acts an duties incidental thereto in accordance with...

Article XI General Provisions
Section 5. Duration

(Old) The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or any member thereof for a period of ...

(New) The covenants, conditions and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Board of Directors or any member thereof for a period of...

Becky,

I'm also not an attorney and I do not work within the legal profession. With that said, it looks like the Declarant is getting ready to turn things over to the membership.

For Article III - I expect that the Developer created incorporated the Association (making it a legal entity) and then transferred control of the community to the Association.

For Article XI - I suspect that someone advised the Developer to use the full name of the document rather than just saying "covenants".

As Glen said, if it complies with State laws, there probably isn't an issue.

Tim

Tim, we became independent from the developer in 2005. Our CC&R was revised then. This is another revision. Maybe they are just changing things that should have been changed before. Thanks for your reply.

Becky,

Typically, an HOA/COA is incorporated as a non-profit corporation. When this is done, the Association must comply with the States corporation laws in addition to any HOA/COA laws.

For FL, this would be Florida Not For Profit Corporation Act.

Per FL 617.0801, specifies that "all corporate powers must be exercised by or under the authority of, and the affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation."

Therefore, Just as Congress is in charge of passing laws, Budgets, etc. but are made up of representatives elected by the people, The Board of Directors (elected by the membership) is in charge of the Association.

I guess I just have to think on this some more. I surely thank all who posted a response. I have a lot to learn, for sure.