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MW (California)
Posts: 16
Posted:
We are a small association and need to update our CC&R's to comply with the Davis Stirling Act. We would like to adopt this by reference but attorney's advise that we hire a lawyer to update. It doesn't seem right to me that every HOA has to pay an attorney to do this. Why can't there be a boilerplate document that will cover the new law which every association could use? Now we're just looking at updating the Election Rules because we've been told that to update the CC&R's completely would cost $5000 to $6000! This makes no sense to me. What have other associations done?
MW
MaryA1 (Arizona)
Posts: 7,043
Posted:
MW,

You are not required to update your CCRs simply to comply with the Davis-Stirling Act. That statute could have changes that affect your CCRs every session! The board should know what state statutes are in effect and also know that in most instances they take precedence over the gov. docs.
AnnJ2 (Colorado)
Posts: 120
Posted:
You do not need to update CCR's to comply with any State or Federal or even Local laws or ordinaces. By there mere fact of existence if they effect your associaiton unless otherwise noted they will supercede or otherwise modify them without the need to change your covenants or by-laws. Your best bet if you are concerned is to do a formal stated resolution that Stirling Davis as it is on that date of the resolution is adopted and included in your covenants and then over time as new laws come to pass do individual resolutions for each new law. Remember it is not only Stirling Davis that effects you. If you still concerned for not a lot of money have the resolutions recorded against the covenants then any new owner will be aware of the fact that the state laws are acknoledged and complied with as well as the covenants.
NancyL4 (California)
Posts: 60
Posted:
Your election rules belong in your bylaws not your CC&Rs. I don't know how small your association is, but the CLRC has recognized that the election rules should possibly be changed for small associations (under 50 units). Before handing over money to an attorney, you should become familiar with the current debate over the election rules. You can find this information at clrc.ca.gov. They refer to HOA's as common interest developments.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your documents only need to state that your HOA follows all state and federal laws that govern your HOA. There is no need to re-state the laws into your documents, especially since if they change, you'd have to amend your documents. It could make you crazy

The most important thing is for your board to be aware of those laws that impact any of your board's actions or your procedures. Establish a committee to make sure your elections are in compliance with any/all state laws.

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