CA: How to officially add rules to HOA

Started by TobiasB • 3 replies • 86 views

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TobiasB (California)
Posts: 1

Posted:

Hi, I live in a 3-unit building with a small parking garage. We can fit 3 cars in the garage but they have to be small. We've had no problem managing this with 3 owners that all know each other pretty well and have a handshake agreement. One of the owners is moving out soon, and we want to codify the size of the cars that can fit in the garage before they sell - just in case any new owner doesn't agree with our rules.

Has anybody had any experience changing their rules formally? Do we need to amend our CC&Rs? Do we need to get a lawyer involved? Do we need to vote?

Any advice is helpful, thanks!

DeanJ
Posts: 1,786

Posted:

If you are an HOA, you have a declaration that provides the process. A declaration prohibition is better than regulation for your purpose. You will have to be specific on the vehicle description to include the height, width and length that will be allowed.

JackS20 (North Carolina)
Posts: 269

Posted:

you dont' need a lawyer for something that small. I assume you are self managed. Hold a meeting, vote to get it passed, and send the amended ccrs to Register of deeds and pay filling fee.

TerriS6 (California)
Posts: 3,284

Posted:

CIVIL CODE SECTION 4360. NOTICE OF RULE CHANGE.
(a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association.

(b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members.

(c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. If the rule change was an emergency rule change made under subdivision (d), the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires.

(d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision.

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