JerryM3 (California)
Posts: 2
Posts: 2
Posted:
Problem: Periodic updates are annually made by our State legislature that often impact our HOA governing documents. Items in our Bylaws, CCRs, or Rules may need to be added, deleted, or revised to reflect the most recent legislative change. Many of the legislative changes necessitate a two-thirds HOA member vote which is preceded by a lengthy revision process for any update to our governing documents (e.g., CCRs) to include this change. Our HOA would like to employ a simple approach, where possible, for updating our governing documents to respond directly to legislative changes. For example, a legislative update recently required that an agenda be issued for all announced meetings – which is a simple matter to actually implement; however, it is not a simple matter if we need to change our CCRs (this is just one of many legislative changes that seem to occur every year).
Solution?: Can you recommend any simple solutions to address this matter? It has been proposed that we change our governing documents (e.g. CCRs) to incorporate (by reference within a clause in the CCRs) any FUTURE APPLICABLE legislative changes to our HOA and then to have an appendix to the CCRs that continually expands to include applicable legislative change that we have identified – thereafter, our HOA would simply comply with the necessary change (this may not work in cases where the HOA must make decision/policy but it seems as if it would work on matters that did not require any HOA decisions). Would this work? Maybe we can just follow the legislative change and ignore (do not revise) the CCRs should they differ from the legislative change? Are we bound to follow our existing CCRs if they materially differ from the recently passed legislative change? Our state is California but I imagine that our issue could apply to other states. Thank you!
Solution?: Can you recommend any simple solutions to address this matter? It has been proposed that we change our governing documents (e.g. CCRs) to incorporate (by reference within a clause in the CCRs) any FUTURE APPLICABLE legislative changes to our HOA and then to have an appendix to the CCRs that continually expands to include applicable legislative change that we have identified – thereafter, our HOA would simply comply with the necessary change (this may not work in cases where the HOA must make decision/policy but it seems as if it would work on matters that did not require any HOA decisions). Would this work? Maybe we can just follow the legislative change and ignore (do not revise) the CCRs should they differ from the legislative change? Are we bound to follow our existing CCRs if they materially differ from the recently passed legislative change? Our state is California but I imagine that our issue could apply to other states. Thank you!