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Discretionary vs Mandatory: When Similar Words Make a Big Difference (CO)

/ Owner - November 1, 2023

The language of the governing documents of an association provides what an association’s board and owners are allowed and required to do. However, the governing documents often use words that at first blush seem to mean the same thing, such as “power” versus “duty,“ “can” versus “will,” and “may” versus “shall.” Some of these words indicate a requirement, while the other words merely provide authority to do something at the party’s discretion.   Read the article……………………………………

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