revising by laws and CC&R'S

Started by RoxanneS3 • 1 replies • 679 views

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RoxanneS3 (California)
Posts: 1

Posted:

I live in a california retirement community of almost two thousand condos. We are revising our by laws nd CC&R's. WE want to include consideration for member rights in our by laws. Examples: board code of ethics, transparency issues such as board and committee packets made available to members accompanying agenda, and resident dispute process that expands on the minimum given by Davis Stirling Act. The HOA legal firm writing the by laws is giving all power and protection to the board. There are no provisions for a balance of power and protection to members.Does anyone have a by law document that might include member protection features that can be shared with me? R. S.

KerryL1 (California)
Posts: 14,550

Posted:

Welcome to the Forum, Roxanne.

First, I'd worry about a law firm that's giving all power & protection to the Board on this important legal matter. The Davis-Stirling legislation is way too complicated to be left to the Board. Actually, I don't know what you mean by "power and protection"; please clarify.

I don't think many attorneys would accept the idea that all h'owners may have access to the Board packets for Board meetings. I doubt your Management Company, who complies these, would agree either.

In what ways do you think Davis-Stirling does not offer Owners much protection. Having been on this Forum for a long time now, I can tell you that we owners in CA are very fortunate to have all of the protections due process afforded by the D-S Act compared with other states. What would you like to see improved?

I do think it's a good idea to require the board to subscribe to a Code of Ethics and sign it each year.

Well, the best balance of power we have is the ability to vote out abusive boards. We have done that in my HOA. Are there topics that yu want Owners to have more voice in?? Examples?

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