If you list specific
items, ask yourself how all those items are similar. The similarity may
suggest a general term that will make the provision more flexible.
If you combine general
terms with specific items or lists, state how the general language relates
to the specific terms. Are the specific terms illustrations, explanations,
exclusive lists, or inclusive lists?
If you use abstract
language, think about whether you need to add concrete language to make
it clear. For example:
No unit owner will
be permitted to maintain a dog who is a nuisance. A dog shall be deemed
a nuisance if it bites, is not fully house broken, is dirty, barks uncontrollably
or otherwise misbehaves.
Look for passive voice.
Sentences written in the passive voice omit the actor.
When you use "and"
or "or," ask yourself two questions:
Are the items on the
list mutually exclusive? If so, add words that specify exclusivity such
as, "one" or "only."
Are the items on the
list all inclusive? If so, add words that specify unity such as, "all",
"both," or "together."
If you have difficulty
writing a good heading, perhaps your provision contains too many unrelated
ideas.
Look for repeated
language. Will the reader be burdened or helped by the repetition? For
example:
BAD: 1) The seller
shall provide a title insurance policy insuring that the seller has clear
title. 2) The seller shall provide a current survey of the property showing
no encroachments.
BETTER: The seller
shall provide: a title insurance policy insuring that the seller has clear
title; and a current survey of the property showing no encroachments.
Look for the word
"and." can one of the words or provisions joined by "and" be eliminated
without changing your meaning?
Look for words ending
in "-ly" or "tion." They may be extraneous modifiers that can be eliminated.