💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ThadC2 (Florida)
Posts: 820
Posted:
I am googling and can't find a single before and after example of CCR's being updated. Seems like this common information should be available or have all the HOA lawyers that specialize in this somehow monopolized the market. can anyone please share their before and after CCR's online so I can look?

This will help people see what common issues that need to be addressed. If your answer is CCR's are so unique that each neighborhood needs to be customized I already know that. CCR's are also very similar so it goes both ways.

Please only reply if you can show me actual example. not interested in anyone's opinion on the matter. just actual factual document examples.
MaxB4
Posts: 3,513
Posted:
My suggestion is keep looking and keep Googling.
ThadC2 (Florida)
Posts: 820
Posted:
yep
ThadC2 (Florida)
Posts: 820
Posted:
https://andysirkin.com/practice/replacement-amendment-ccrs/

looking for laywer that offers flat fee ccr update, like above service which is only in CA.
ThadC2 (Florida)
Posts: 820
Posted:
or if you know of a lawyer that specilizes in this please post thier info and I can ask them for examples
KerryL1 (California)
Posts: 14,550
Posted:
Please review the voting rules.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By ThadC2 on 04/24/2022 7:48 PM
or if you know of a lawyer that specilizes in this please post thier info and I can ask them for examples

Posting rules forbid naming individuals, companies, communities, etc.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What are you asking exactly? Changes and updates are reflected in the filed documents. Once filed then you get a copy to see what changed from your copy. Sometimes it may be noted in the filing. Otherwise if filed properly it will be different than copy you or neighbors may have.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
There should also be dates as to when the revisions become effective - if it's revised several times, you go with what's most recent.

When I don't understand is why you haven't asked the ASSOCIATION ATTORNEY for samples of what the revisions look like. As you know, amending documents isn't a matter of changing a few words here and there - the words you use do make a difference and you want all of this to stand up in court. And since your revisions will affect YOUR community, it really doesn't matter what revisions in other communities look like.

If you're going to revise your documents, you might want to go to the CAI website which has educational materials on how this is done - it may even have some samples you can look at.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LoriM15 (Florida)
Posts: 1,009
Posted:
It looks like Thad also lives in Florida. Having just updated our CC&Rs last year, there is NO WAY I would try and attempt this without the guidance of an HOA attorney. The Florida statute changes every year (Both FS 718 and 720 had a couple of significant updates this year).

We had old documents that had been updated once in the last 20 years and some parts still talked about the developer who is long gone. So we actually had the attorney start with his standard template for HOAs, then added in things from the old documents we wanted to keep and updated our separate bylaws, rules and regs and ARC rules. We also looked at adding in a more realistic higher number for capital contributions when you buy, customized rental rules, etc.

Most HOA lawyers, at least in our area, charge a flat fee for new documents. I believe we paid $2500 and that was a bargain for what we achieved.

As a board member I feel it is my duty to protect my community with accurate docs. No one likes spending money on attorneys, but for your CC&Rs it's a must. I don't think updating CC&Rs is a DIY project.

However, if you are just looking at what a current CC&R looks like, pick out a brand new community in your area and get a copy of their CC&Rs. They are filed at the courthouse or may even be on their website.

AugustinD
Posts: 3,698
Posted:
I think all of LoriM15's post is excellent, substantive advice. As far as how to proceed is concerned, this in particular got my attention:
Quote:
Posted By LoriM15 on 04/25/2022 7:08 AM
we actually had the attorney start with his standard template for HOAs, then added in things from the old documents we wanted to keep and updated our separate bylaws, rules and regs and ARC rules.
-- If I were on a Florida HOA/COA Board and the HOA/COA needed to update its governing documents, I would be happy to learn that some Florida HOA attorneys have a template.

-- I would recommend to the Board that one or two of us directors sit down with the old but current Declaration and the attorney's template. I would go through the old Declaration, in order, and mark on the template where each item in the current Declaration should fit on the template. If the item did not fit anywhere on the template, it's deleted or reserved for further discussion with the attorney. I might even have a spreadsheet listing each item in the current Declaration and in what section it fits on the template.

-- I think the above represents a systematic approach that will cover all legal bases (to date).

-- Of note: Texas, Florida and California all have changed their HOA/COA statutes meaningfully just in the last few years. The changes are not even pandemic-driven.

-- Like others here, I do not buy that seeking old, no longer valid, Declarations and comparing them to even recently amended versions would nail the solution to the problem. But if the OP insists, one can google using searches like the following:

"amended declaration" "florida" "homeowners association" site:filetype:pdf

With a lot of study, this turns up sites with before and after docs like:

http://www.suntreeflorida.com/view/public-documents.aspx

https://www.myjacarandawest.com/hoa/hoa-documents/

LoriM15 (Florida)
Posts: 1,009
Posted:
I just want to add that the reason we decided to start over fresh instead of just amending our old documents was that a previous board had spent over two years working with our previous HOA attorney trying to update the old documents. By the time we got the documents it was obvious they were unworkable. Not only were they twice the length they needed to be, the attorney would make a proposed change and then produce an opinion letter on whether or not the change the BOD had requested was a good idea or not. I cannot tell you the tens of thousands of dollars that board wasted on those useless documents.The previous board thought our HOA attorney was a god just because he had a column about HOA matters in the local paper - and he knew it so he churned our account for lots of money. Starting fresh meant we were making minor changes instead of major changes.

There are many great HOA attorneys here in Florida since HOAs and COAs are big business. Don't be afraid of the big law firms because you think they are going to cost more money. That's not necessarily true and their expertise can be an advantage in keeping the cost down. You also might call around and see who other communities are using and whether or not they are happy.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LoriM15 on 04/25/2022 9:28 AM
I just want to add that the reason we decided to start over fresh instead of just amending our old documents was that a previous board had spent over two years working with our previous HOA attorney trying to update the old documents. By the time we got the documents it was obvious they were unworkable. Not only were they twice the length they needed to be, the attorney would make a proposed change and then produce an opinion letter on whether or not the change the BOD had requested was a good idea or not.
To fast forward a bit, and for my own curiosity: What did it take to get approval of the owners of this restatement?

Isn't there some cliché that describes how LoriM15's former board went through? Something like, "Better to just buy a new car instead of keep pouring money into a car in great disrepair, with uncertainty about other, older parts that have not so far been repaired/replaced?"

"Throwing good money after bad"?

From the net: The sunk-cost fallacy describes our tendency to throw good money after bad. Just because you've already spent money on something doesn't mean you should continue spending money on it.
MichaelT21 (Arkansas)
Posts: 501
Posted:
I have no idea if they should or not be provided.

I can say that the HOA does not need to make it easy. In my state (I am not familiar with Texas), they do not need to provide an Excel spreadsheet. They could print a mailing list on a dot matrix printer and let the homeowner make a copy of that. It'd
be really hard to convert a dot matrix printed copy of something into a mailing list to be usable.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MichaelT21 on 04/25/2022 11:12 AM
I have no idea if they should or not be provided.

I can say that the HOA does not need to make it easy. In my state (I am not familiar with Texas), they do not need to provide an Excel spreadsheet. They could print a mailing list on a dot matrix printer and let the homeowner make a copy of that. It'd
be really hard to convert a dot matrix printed copy of something into a mailing list to be usable.

Is that how you like to lead, make it as difficult for owners to obtain legitimate records? I would defineitely find some one to replace you.
KerryL1 (California)
Posts: 14,550
Posted:
Good work, Lori. Our restated CC&Rs are with voters and we're doing OK in getting votes. We need 67% approval for the CC&Rs. (We most likely have achieved the 50% +1 ended for our restated Bylaws--ballots are still sealed, but we have over 67% returned).

What % of your owners live offsite, Lori? Do you happen to know the % of your owners who live part-time in your assn.?

It took our board a long time to get a final product to send to voters. one year--my gap year--the board did no work on them. We directors at open meetings agreed on several items to add. Our attorney & his staff knew what to delete and what to add re: CA statutes which have changed a to since our original/current CC&Rs & bylaws (ca. 2000).

It cost $5,000 for the CC&Rs & Bylaws. That included numerous board meetings with counsel and 6 drafts of the CC&Rs, which are ultimately reduced from 93 pages to 77.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MaxB4 on 04/25/2022 11:26 AM
Posted By MichaelT21 on 04/25/2022 11:12 AM
I have no idea if they should or not be provided.

I can say that the HOA does not need to make it easy. In my state (I am not familiar with Texas), they do not need to provide an Excel spreadsheet. They could print a mailing list on a dot matrix printer and let the homeowner make a copy of that. It'd
be really hard to convert a dot matrix printed copy of something into a mailing list to be usable.


Is that how you like to lead, make it as difficult for owners to obtain legitimate records? I would defineitely find some one to replace you.

I'll second the motion.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnT38 on 04/25/2022 12:24 PM
Posted By MaxB4 on 04/25/2022 11:26 AM
Posted By MichaelT21 on 04/25/2022 11:12 AM
I have no idea if they should or not be provided.

I can say that the HOA does not need to make it easy. In my state (I am not familiar with Texas), they do not need to provide an Excel spreadsheet. They could print a mailing list on a dot matrix printer and let the homeowner make a copy of that. It'd
be really hard to convert a dot matrix printed copy of something into a mailing list to be usable.


Is that how you like to lead, make it as difficult for owners to obtain legitimate records? I would defineitely find some one to replace you.


I'll second the motion.

And I will vote in favor of replacing him.
ThadC2 (Florida)
Posts: 820
Posted:
Quote:
Posted By LoriM15 on 04/25/2022 7:08 AM
updated our separate bylaws, rules and regs and ARC rules. We also looked at adding in a more realistic higher number for capital contributions when you buy, customized rental rules, etc.

Interesting what were the most important updates? Capital contributions when a home is bought was increased? didnt' that piss off new owners? What rental rules were customized?

did you lower the amount needed to get quorum or elect a new board, or other common complaints about how hard it is to get people involved I read about all the time?
ThadC2 (Florida)
Posts: 820
Posted:
Quote:
Posted By SheliaH on 04/25/2022 6:00 AM

When I don't understand is why you haven't asked the ASSOCIATION ATTORNEY for samples of what the revisions look like.
If you're going to revise your documents, you might want to go to the CAI website which has educational materials on how this is done - it may even have some samples you can look at.

because we've never had any revisions. I went to CAI website and didnt' see any relevant books or other educational materials. the goal is to see what items are typically updated and see if those updates would be a good fit for our community. For example lowering the % of owners needed to meet quorum.

ThadC2 (Florida)
Posts: 820
Posted:
Quote:
Posted By SheliaH on 04/25/2022 6:00 AM

When I don't understand is why you haven't asked the ASSOCIATION ATTORNEY for samples of what the revisions look like.
If you're going to revise your documents, you might want to go to the CAI website which has educational materials on how this is done - it may even have some samples you can look at.

because we've never had any revisions. I went to CAI website and didnt' see any relevant books or other educational materials. the goal is to see what items are typically updated and see if those updates would be a good fit for our community. For example lowering the % of owners needed to meet quorum.

ThadC2 (Florida)
Posts: 820
Posted:
Quote:
Posted By AugustinD

"amended declaration" "florida" "homeowners association" site:filetype:pdf
With a lot of study, this turns up sites with before and after docs like:
http://www.suntreeflorida.com/view/public-documents.aspx
https://www.myjacarandawest.com/hoa/hoa-documents/

thank you , nice google search tips!
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By ThadC2 on 04/25/2022 4:14 PM
Posted By LoriM15 on 04/25/2022 7:08 AM
updated our separate bylaws, rules and regs and ARC rules. We also looked at adding in a more realistic higher number for capital contributions when you buy, customized rental rules, etc.


Interesting what were the most important updates? Capital contributions when a home is bought was increased? didnt' that piss off new owners? What rental rules were customized?

did you lower the amount needed to get quorum or elect a new board, or other common complaints about how hard it is to get people involved I read about all the time?

1. We didn't believe that raising the capital contribution for new owners was going to effect sales in the community at all. New buyers don't know what the old buyers paid. We checked what other communities in our area were charging. It's an easy way to get a small amount of income without having to raise monthly fees. Houses in our community are priced high enough that the extra amount wasn't going to make a significant difference to them.

2. We didn't need to make a change to our quorum section because it had previously been lowered to 30% of the membership present in person or by proxy.

3. We raised the dollar amount of money the board could spend on new projects (not maintenance) to $100,000 without approval of membership. Things like the $60k we spent on upgrading the tennis courts already did not need member approval because their were renovations, not construction.

4. We increased the deposit that a landlord (owner) has to have on file to cover association damage to $500.

I don't think we made any other substantive changes - most of the other changes were just to get us in line with the current statute.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By ThadC2 on 04/25/2022 4:18 PM
Posted By SheliaH on 04/25/2022 6:00 AM

When I don't understand is why you haven't asked the ASSOCIATION ATTORNEY for samples of what the revisions look like.
If you're going to revise your documents, you might want to go to the CAI website which has educational materials on how this is done - it may even have some samples you can look at.


because we've never had any revisions. I went to CAI website and didnt' see any relevant books or other educational materials. the goal is to see what items are typically updated and see if those updates would be a good fit for our community. For example lowering the % of owners needed to meet quorum.




Interesting - I just went to the CAI website - check out the description of this book and see if that might give you a start. Yes, this is rather pricy for a digital book, so if you can find it elsewhere at a cheaper price get it. It may even be at the public library. It might have been written for attorneys, but I find a lot of their materials are readable for the rest of us: https://cai.caionline.org/eWeb/DynamicPage.aspx?site=CAI&WebCode=storeItemDetail&parentKey=c34aa8fb-4e8c-4bcc-bb3d-a5dc121a1a5f&catKey=da41233f-be00-4e8f-b95d-466d8b46c65f

There are a number of conversations, old and new on this website about revising documents, so you might also want to read a few to see what went on in other communities. It's not really about" X community revised Y in their documents, so we should do the same."

You haven't said if anyone's even polled your community to see what they think of the documents and what should be changed. In fact, you sound to me like you haven't taking a good look at yours lately, and it's possible no one else has since they closed on their home (assuming they even looked at them at the time).

If you don't know what you have, it can be difficult to see what works, what should be tweaked or what should be dropped altogether. And if you don't know what you have, changing it won't help your community because you won't be able to tell if that change was even necessary. Bylaws and CCRs are too important than to look at revisions like a do it yourself project, as Lori noted. or simply cut and paste from another community. Ultimately you want the documents to work for your community because you don't live in the others. Take the time to do it right.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We had a very amicable transition from Declarant to we owners. As a matter of fact, our Declarant Appointed BOD came up with several Bylaws we asked the Declarant to change as he had the "super" votes to do so before turnover:

1. Reduce Annual Meeting Quorum from 50% to 20%.
2. Annual Meeting to be held on or before 04/15 versus the prior fixed day.
3. Allow Proxies. Not allowed before.
4. Remove Cumulative Voting. Cumulative voting was allowed before

Our docs are still full of references to the Declarant but those things can be "read through" thus not worth the cost to redo.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here