Things you would like to see changed in CC&R's

I just want to see our CCRs ratified – we started this in 2006! Most of the objections concerned the rental cap. We explained the problems that could ensue with refinancing or prospective homeowners getting a mortgage, but because we have so many offsite owners, it appears they’re more interested in making a buck. Now, we’ve had several people move out (or lose their home) and have to start the ratification business all over again.

The rest of the CCRs would have cleaned up really ancient language (we were established in 1972) and there were clarifications on things the association was responsible for vs. the homeowner. If we ever get THESE CCRs passed, I’d like to see us tweak them yet again to deal with things like:

Sex offenders – it might be useful to have something prohibiting renting to anyone on the state’s list

Home businesses – even the revised CCRs aren’t as clear as they could be on what’s ok

Voting – provide for electronic voting (right now you either show up in person or send in a proxy)

Altering the home due to physical disability – we probably need something that would ensure the Association doesn’t violate the Americans with Disabilities Act while making it clear such alterations are on the homeowner’s dime

And I’d like the thing written in everyday English so they’re easily understood!

You didn’t ask, but here are one person’s comments on some of your ideas:

Owner occupants on the board – I prefer them simply because they live in the community and can see for themselves what goes on daily, as opposed to an offsite owner who may show up once a month or less than that if he/she lives out of state (who probably never lived in the community to begin with). However, I think it’s more important that you have someone who will pay fees in full and on time, complies with the CCRs (or makes sure his/her tenants do) and makes the effort to visit the community regularly to see what’s going on in addition to checking on his/her property. Give me a board member like that and I don’t care if they live on Mars.

Satellite TV dishes – just copy the FCC’s rules on the subject

Removing board members – our Bylaws (at least we got THOSE changes ratified) state that homeowners lose their voting rights if delinquent over 30 days, so if this applies to a board member, they’re automatically off.
Regarding the foreclosure issue, we don’t have to worry about kicking people off because of a foreclosure because homeowners usually stop paying before the mortgage company initiates a foreclosure and after 30 days, they lose their voting rights anyway. I can understand why you wouldn’t want someone on the board that’s on the verge of losing their home - he/she may not be around to deal with the ratification of a decision he/she helped make and it’s probably not to have someone on the board with jacked up credit. But what if the homeowner manages to stay current with association fees while dealing with a foreclosure AND continues to comply with the CCRs? If he/she does this and has been an effective board member, you may want to let them stay unless the foreclosure starts to affect his/her paying fees.

Limits to Board authorized spending – our Bylaws state the board may increase assessments (we pay monthly) up to 5% over the current year – otherwise homeowner approval is required. Homeowner approval is also required on any special assessments. I think it’s easier to keep these types of rules simple while not handicapping the board’s ability to get things done (if the budget is subject to homeowner approval, nothing will get done because people will drag their feet in responding or vote everything down, even if it makes perfect sense.)
Of course, no one wants to pay high fees, but “high fees” is subjective – if the board has done its job in explaining why expenditures are necessary, shopped around for competitive rates and kept the homeowners informed throughout, most people will understand why fee increase may be necessary. I think writing provisions that require the Board to provide regular and accurate information regarding the budget might be the way to go.