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JackE4 (California)
Posts: 4
Posted:
Our CC&R's are dated 1998 but they are well written and cover the essential stuff at the time. We have tried a total revision but it reflected a totally new format used by the attorneys. It was rejected and the total vote wasn't even close to the total Yes votes we needed. Any thoughts on sticking with the old CC&R's and just update the legal stuff as currently stated in each Article. I think it would be a lot likely to get approved. Maybe we could even have a separate list of legal and code updates referring to Article #'s that could be used in conjunction with the original CC&R's and not even take it to a vote? Thoughts??
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jack

Best to rewrite one amendment change at a time. People can better understand it that way.
SheliaH (Indiana)
Posts: 6,964
Posted:
You might want to start with polling the homeowners to see why the revision was shut down. Here are a few possibilities:

People just don't care (it's harsh, but apathy is a thing in HOAs)
People read them, but there was too much to go through, so they just said the hell with it - I'm not going to read all this stuff because they might put in something I don't agree with anyway and are trying to sneak it past us
People did read it, and objected to several revisions, but because you couldn't approve some and not others, they tossed the whole thing
The new format is still full of legalese, which no one likes to wade through (including attorneys)
People forgot to vote because life happens and before they knew it, the deadline had passed

Once you know what the primary issues are, you could work on those and represent them, although I think it would be easier to prioritize which changes are more critical than others and focus on getting those approved first. The other issues can be presented at a later date


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JackE4 on 03/26/2024 9:49 AM
Our CC&R's are dated 1998 but they are well written and cover the essential stuff at the time. We have tried a total revision but it reflected a totally new format used by the attorneys. It was rejected and the total vote wasn't even close to the total Yes votes we needed. Any thoughts on sticking with the old CC&R's and just update the legal stuff as currently stated in each Article. I think it would be a lot likely to get approved. Maybe we could even have a separate list of legal and code updates referring to Article #'s that could be used in conjunction with the original CC&R's and not even take it to a vote? Thoughts??
Certain types of amendments may be passed without owners' approval. Study the following carefully, including the statute sections the sites below link:

https://www.davis-stirling.com/HOME/A/Amend-Without-Membership-Approval

https://www.davis-stirling.com/HOME/C/CC-R-Amendments

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