Need to write in new CC&Rs

Started by JimG2 • 2 replies • 1417 views

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JimG2 (California)
Posts: 6

Posted:

Hi,
We would like to write in a few rules into our CC&Rs. We are a newly established HOA, and would like rules about noise, maximum number of rental units, and some other things.
Do you have any advice for me? I am responsible for researching the legal work to write in new CC&Rs.
Thank you!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You may need to review other posts in regards to the limiting of rental property. It may not be allowed. If it is allowed in your state, then make sure there is some kind of punishment to follow up on with the violators.

There are some forms available at the office supply stores that may help you. They are where the "Sell your own house" forms are. Some come with CD Roms to help. There are a few forms you may want to look at. They should be under $20.

Writing the CC&R's is the EASY part. The hard part is getting everyone to agree to the changes. First, you should have a special meeting to discuss the rules changes. You may 51 - 90% of the membership to approve these changes and sign a "petition" to make these changes. Our CC&R's took a 90% vote to change while the By-laws took 75%. It's best to try to change both at the same time. Although only the CC&R's may be needed to be officially filed at the county courthouse.

I would suggest an attorney to help. It will make it easier for when it comes time to do the filing itself. Believe it or not our filing costs were several hundred dollars to file. You may want to call your courthouse to find out what the filing fees are to plan for them. Altogether it costs us about $2K with the lawyer and court costs to get the job done. This didn't count producing new copies for all the members.

This should get you started in the right direction. There's quite a few things you will learn along the way. Just bring on the questions and we will try our best to help!

Former HOA President

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By JimG2 on 09/06/2007 11:57 AM
Hi,
We would like to write in a few rules into our CC&Rs. We are a newly established HOA, and would like rules about noise, maximum number of rental units, and some other things.
Do you have any advice for me? I am responsible for researching the legal work to write in new CC&Rs.
Thank you!

JimG2 - By "We would like to write...", I ask, who is "We". Are you a Board member or not? Please also elaborate on the rules you would like to incorporate. Your By-laws should speak to the powers and duties of the Board of Directors and rules and regulations they shall enforce and are permitted to create, or not. There may be requirements for owner vote to make amendments to the CC&R's. Most certainly the By-laws on certain specific specified topics will require owner vote, rather than Board vote. Please also explain the justification for writing in a few rules. Is there a large # of unit owners that have expressed the need to write in a few rules, or is there just a select few that have an agenda, or believe the rules will benefit?

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