question on best process for updating documents

We desperately need to update our documents. This will be a very intense and time consuming project and since we have other priorites we are not seriosly working on updating them at this time.

But my question is have any of you been through this process. I know we will need a lawyer. But I am wondering if we should just rewrite our documents (of cours with member approval) or should we just working on amending a few sections of the documents (sections that need updating) at a time

Also I am thinking that when we do update our documents we should include a phrase to indicate anything in the updated document that becomes outdated after 30 years have passed is not longer to be enforced and that the documents should again be updated.

I am especially interested in hearing from anyone who has already been through this process.

> anything in the updated document that becomes outdated after 30 years have passed is not longer to be enforced and that the documents should again be updated.

This sounds like very dangerous language. Perhaps OK if you make it much more precise.

But I have a question. Suppose state law makes a particular part of the documents unenforceable. That section would not be enforced. Why is it necessary to rewrite the documents (apart from clarity, that is??).

We did this and here's some helpful tips.

1. Be prepared to take time. It can be a lengthy process. It took us about 2 almost 3 years to finish. It was just 5 simple changes. They were not hard to understand and were necessary. It was just trying to collect signatures and explaining each time.

2. Let the expert re-write the documents. You all come up with what you want changed and your intent behind the change. However, I would suggest having a lawyer due the actual hardline editing/writing. You all can pick up a few other examples as HOA's documents are PUBLIC documents available at the courthouse. If you know of another HOA, go to the courthouse and pick a copy of their up to give some ideas.

3. Make sure to follow the percentage of votes required to change the documents. It could be 51% to 90% on others. It's best to do ALL three documents at once. The By-laws are in-house documents and typically are not required to be filed. However, it's a good practice to file those with the CC&R's as a courtesy. The CC&R's usually take the highest percentage and go with the DEED. They are the ones to concentrate most on. There is a filing fee with those. The Articles of Incorporation are filed at the STATE level. They don't take a lot of updating but may as well do it all at once if need be.

4. Here is the best advice we got and were able to help us. There is a requirement of having a "special meeting" to change most of your documents. It's not always just the percentage of owners. To get passed this special meeting requirement, your lawyer needs to draft another ballot of signatures agreeing to NOT attend that special meeting. That means that one can give up their right to attend this special meeting to cast their vote now. So there will be 2 signatures required when collecting. One to give up the right to the special meeting and the other for the changes. This way you can go door to door.

5. Verifying owners can be done by checking with the Tax Assessor's office. If you have a lot # of the property, you should be able to gather the name of who owns that property. It has to be the OWNER who signs and not the tenant.

6. It's best to also make sure to remove ALL references to the builder. This includes the 2 vote class system, addresses, references, and one small detail people often glance over. The requirement that one must be a homeowner to be in the HOA. When the developer is in charge he has a staff. That staff may run your HOA. Which means they are not owners. Sometimes this statement is overlooked when updating and later people think than you don't have to be an owner to be in the HOA. This makes no sense and can cause issue. It's best to fine tooth some of these statements when it comes to regard to the developer references.

7. Makes a quick "cheat sheet" of the changes you all want made. A quick break down so people can see the phrases and what the proposed changes will be. It saves a lot of energy and effort instead of bringing around a whole drafted copy.

Finally, once you have completed all of this. The expenses come in. There are filing fees to put these on file. There are the lawyer fees for drafting. It cost us about 2.5 - 3K just for legal costs. The final step is if you are going to provide new copies to everyone. That can be VERY expensive. So may need to decide will you charge for new copies or just suck up that cost? How will you distribute the information afterward will be your final obstacle. Good luck!!!

Our HOA has formed a committe to update our prospectus and present to the park owners, as it is out of date by several years. Is there any kind of documents, or research areas that I can go to in order to get an understanding how to do this? I know we need a vote of the community of 51%, but where are examples that I can use to at least get our committe on the right track of beginning this process.

Ok thank you, they wanted to propose some updates to the rules, and get it updated with the new rules, the last version is from 2011 and the park has allowed new things in the park, yet there is not a new prospectus or rule document. Our sister park updated theirs and we wanted to do the same, for example, allowing motorcycles. The contact who was a part of this task is no longer living, so we have nobody to consult on how to go about it. We can figure it out, I have reached out to our area FMO for guidance as well. Thank you for your time and for the advice!

I agree with Michael. Community associations are regulated by law, and you need to start with what your governing documents have to have in them in order to comply with current state and federal laws. This is a job for a lawyer.

It makes no sense for a committee that will not know these things to come up with their ideas of what they want, only to find out they can't have them. It wastes everybody's time and annoys them.

A committee can be useful to look at the community's rules and regulations to see what needs updating. But these rules and regulations need a solid foundation under them first, which means it happens after the new CC&Rs and bylaws are approved.

(Years ago a poster proudly reported that his community was working on updating their governing documents. He said that the board president's wife was doing the actual writing because she'd majored in English in college. I think he was taken aback when everyone responded "oh dear lord, NO!")

Make a survey have about 20-30 questions on it about everything. I suggest forcing an annual survey/census and limiting board power to foreclose as top priorities.
the declarant stuff is annoying, but not really a reason to spend thousands on rewriting the documents.