CC&R Revisions

We want to revise and update our CC&R's. The original was recorded with the County Recorder. Do the revisions have to be recorded as well? Do the need to be notarized too?

Chris,

I hope that you realize that you are in for quite a task. Are you planning on a total rework/ revision?

Any item that you change or reword in the Covenants, Articles of Incorporation and Bylaws will NEED to be voted on by the entire membership. The only items that will NOT NEED to be voted and approved, will be covenants, Articles and Bylaws that you do not change any words from their original wording.

Once you get any changes (called amendments) passed by the proper percentage of votes according to your Bylaws, then the new documents are registered in your County Clerks office. The Clerk can notorize them.

But be very careful when doing a rewrite. Every word has to be clearly written if you are just transfering it from the original documents. This is where associations get into trouble by forgetting or omitting just a word or two. You should have any amendments viewed by an attorney to make sure that the wording is legal and enforceable before it goes to a vote from the membership..

Chris,
It sounds to me like you are on top of the rewrite requirements. Yes, to your original post. The Clerks office will need to file the changes. I did suggest that if you do make any changes as to useage and restrictive covenants, that you have a legal look at them before they go out to the residents for the vote. Just deleting the Developer items is no big deal but do not alter or change any words because those must then go out with the vote as a change.

Chris, Just a add on. In California you need to get it notorized prior to talking to the county recorder. The county recorder does not do that in Calif..Look up the County Recorder in the county that you are in for specific details that they require. Certain counties just changed the Notorization sheet that is required on January 1, 2008.
We have been also updating our CC&R's here in California. We have found it easier to just do a few changes at a time. It is easier to get the general membership to pass a few rather then a complete rewrite.
Good Luck, Larry

ChrisR1: Since you are looking a rewriting your documents with references to the original developer/builder, are you certain the cost to do it will justify the need to do it? Have you spoken to an attorney on his cost and the cost of filing the new verbiage? Further, you will require a very high percentage, if not 100%, of members voting yes to the amendment to be made.

When an association reverts FROM developer control TO resident control, it does appear that since the developer has gone, you don't 'need it any further'. But, it's not the case, since the 'Declaration' is mostly stating what the developer has built, the purpose, type of units, and descriptive text on the creation of the community association and that the document has been legally recorded. When the developer transitions to residents, the text itself can still stand.

Now, if you are speaking about the governing of the association, Exec. Board, restrictions/allowances for membership to adhere to, that's different. Is this the portion you are referring to when wanting to make amendments to the verbiage?

There are many professionals on this forum who can speak directly to a portion of the recorded text you are questioning.