CC&Rs Recorded 14 years after "vote"

I live in a rural California subdivision. There has never been a Homeowner's Assoc, just a neighborhood club with voluntary membership. New CC&Rs were recorded by one of the members a couple months ago, based on a supposed vote in 2003, and claiming to be effective 2003. The recording did not take place until 2017. Is this legitimate? I can't seem to find a statute concerning the time limit to record CC&Rs after the vote.

Further, these CC&Rs are nothing more than a variation of the club's bylaws and clearly say that---however they added in language stating membership is now mandatory for every owner in the subdivision. Is there a way short of costly legal action to have these rescinded? County Counsel washed their hands of it saying it's a matter between the parties.

Generally CCRs can't be amended to include people without their consent, so changing to mandatory would require 100% assent. Whether the newly recorded CCRs are valid or not, if the people running the association feel they are, they will probably take legal action to collect dues. The final determination whether the changes are valid would be with a judge.

You can take preemptive action now, or wait until they are trying to charge you late fees, interest, and legal fees.

As Tim suggested, you will want an attorney involved eventually either way. Do you have neighbors with the same concerns? If so, join together and pool your money rather than each of you paying full bore for your own counsel. I wouldn't wait for them to start piling on fees, I would contact a lawyer soon.

DITTO DITTO DITTO

1. good question

2. I would wager NO

let the OPINIONS continue - this will end in court no matter what we-all say

Thanks for everybody's input. There was no HOA when the subdivision was created in the 1920's, nor did the original CC&Rs call for one. The Improvement Club was formed and incorporated (as a non-profit social club) in the 1950's, and done without any change to the CC&Rs. Membership in the Improvement Club was voluntary, and so were the dues. They have wanted to force an HOA ever since we moved here, and this is just their latest, and boldest, attempt.

When recording the new CC&Rs they offered no evidence or proof of the vote, just a statement within the first section saying a vote had taken place in 2003. At best, any vote they may have taken was to change the bylaws of the voluntary Improvement Club. What they have now recorded as CC&Rs are a close match to one of several sets of Improvement Club bylaws they've issued over the years, but with added sections declaring these are to amend the original CC&Rs, and that all property within the subdivision is subject to the provisions of the document.

There were no signatures of anyone except the person who submitted the document to the recorder's office, and her signature was notarized but only insofar as verifying her identity, the notary page specifically stating it "does not certify the truthfulness, accuracy or validity of the document".

Shouldn't there be something in either the Civil Code or Corporation Code for how long after a vote something has to be recorded to be valid, making this a slam / dunk?

Or the fact that these new CC&R's are almost an exact copy of the Improvement Club's bylaws to the extent that provisions are even referred to as bylaws within it?

Or the lack of a real signed certification as to the accuracy?

The first lawyer looked at it for 2 minutes and said don't worry about it, it's so ridiculous it could never stand. But we're concerned about the statute of limitations running and don't want to ignore this. The second lawyer said $10K-$20K.

When confronted and asked why they would do such a thing their stated reason was to help a homeowner obtain a loan. Wouldn't knowingly recording bylaws and purporting them to be CC&Rs in order to influence a lender's decision constitute some sort of an illegal activity?

We're looking for a simple way to get them revoked or force the Improvement Club to revoke them themselves, or for some sort of leverage to force them to revoke these without us having to spend $10K-$20K.

One other question: They have some sort of D&O / Liability insurance. Would their insurance company refuse to defend / represent them in legal action if it was an improper / unlawful recording?

I really appreciate the feedback.

Carole,

There is no simple way.

File legal action to challenge the deed restrictions.

Find additional neighbors who agree with you to add to the fight and share the cost.