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JamesB27 (California)
Posts: 2
Posted:
We are a small 12-unit HOA in California that needs to update our CC&Rs and bylaws. We can't afford expensive legal fees. Does anyone know of a good alternative, either a consultant who might do it for a reasonable fee or a template we can use as a model?
RichardP13 (California)
Posts: 3,868
Posted:
You could do it through a consultant, knowledgeable in HOA law and with connections with a HOA law firm.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Richard said. I understand you want to save money, but you need to ensure the updates are crafted in a way that they'll stand up in court, so at some point you will need a HOA attorney to look them over.

Your association might also want to see if you can negotiate legal fees with the attorney so you can maximize his/her time while doing as much work as possible yourselves. There are various conversations on this site about updating governing documents - you may want to read through a few to be aware of some of the pitfalls (attorney or not) and best practices

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JamesB27 (California)
Posts: 2
Posted:
Thanks. I recognize at some point we will need an attorney to review and make sure everything is correct. The problem I've had in the past is that lawyers I have spoken to want to turn it into a major project with multiple lawyers with the meter running. Given our size and the assignment I'm confident that would be overkill and that a small firm or sole practitioner could handle it. Any good databases to find an attorney and/or consultant?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jim,

You should be able to draft something that an attorney can review for you.

Take a look at similar Associations Bylaws.
Take a look at applicable laws (property and corporate).

Then start writing.

I've found it helpful, when presenting, to show before and after in the same document (perhaps with strike out text or use of different color type). This way, everyone can see what is and what you want to change it to.

When we updated our design guidelines we did this but also added a third paragraph describing the reason for the change.

Example:

Board will consist of 3 directors.

Board will consist of a minimum of 3 and a maximum of 5 directors

This wording allows a minimum of 3 and up to 5 directors. Recommend increase in board size using a variable range so there are more individuals to help with the work but it does not cause a hardship if volunteers don't come forward.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JamesB27 on 02/22/2017 12:12 PM
Thanks. I recognize at some point we will need an attorney to review and make sure everything is correct. The problem I've had in the past is that lawyers I have spoken to want to turn it into a major project with multiple lawyers with the meter running. Given our size and the assignment I'm confident that would be overkill and that a small firm or sole practitioner could handle it. Any good databases to find an attorney and/or consultant?

If you email me at [email protected] I can give you some suggestions.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I agree with Tim ... If they are small changes you can do up a draft and then have an attorney review to insure items are properly drafted to protect the HOA and homeowners. If you or others somewhat know or can read legalize in State Laws it will greatly help in making sure changes comply with the laws; otherwise, those will be changes an attorney will want to have made and the HOA pay. I would contend you definately need to find the money to have an attorney review. It is just good CYA.

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