does CC&R have to be prepared by law office?

when my parents moved into their condo in 1996, it was brand new and no association was setup, however they did get a copy of CC&R and Bylaw from the builder. it was a three unit complex and no one seems care/know about the HOA law. so they created a joint bank account with three owners' name and deposit certain money each month to cover the common area expense. a few years gone by and they started to realize they haven't had an proper association setup and hence they could never buy liability and fire insurance for the common area. so they asked me to help since none of the owners speak English. i went to my accountant and had him established a none-profitable condo association with all three owners' names as board members. but the accountant office drafted the CC&R and Bylaw for us, i forgot why we didn't use the ones given to us by the builder. so the association was setup and documents were signed and recorded through county. just last week i bought a house and it has its own HOA even though it's a stand alone house, anyways, on the escrow closing day, i received the HOA documents and noticed their CC&R and Bylaw were drafted by an attorney office. does this matter? do i need to tell my parents to recreate their condo's CC&R through a law office? sorry for the long post, thanks.

You can actually purchase a software/paperwork at many office supply stores that cover various HOA subjects. So there are available "DIY" paperwork packages out there for those courageous enough to undertake the process. However, I would strongly suggest using an attorney specializing in business/corporate/contractual type laws when drafting/modifying your documentation.

The hardest part is getting the actual votes of the membership to make the changes. Ours requires 90% of the membership to agree to change/modify the CC&R's. Which could be done in a special meeting or by proxy vote. As long as the membership knew what those changes were.

We did use an attorney to correct the changes we wanted made. Which were minor such as removing the developer/builder's name, the 2 vote system, and some other technology references etc...You can find out the copy your HOA has on file at the records department at your local courthouse. That way you can make sure the legal filing was done correctly.

In short, you may not need an attorney but it's highly recommended and best solution. A knowledgeable person with experience such as your bookkeeper/MC may have the skills. It's just whatever fits the needs and wants of the HOA.

One of the units already changed ownership couple times. Never had any issue with the documents we currently have. My question was is it by law an hoa's cc&r must be prepared by attorney?

NO Kevin, it is not a law that you use an attorney but as everyone has said, it is WISE to use one.

To the posters responding to this post, and similiar ones for the past few days. The disclaimer to use this forum is below::

This is a positive place for community association leaders to share ideas and learn. This forum is for community association Boards, Committees, Volunteers & HOA Professionals to discuss topics concerning their association duties.
Topics from individual homeowners, who are not acting as association volunteers, are not addressed here & may be removed.

The forum should stick to advice for Association leaders, and board members.

The current post is from a person who is obviously toying with you.