CC&R's & ByLaws

Started by MaryB10 • 4 replies • 2124 views

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MaryB10 (California)
Posts: 27

Posted:

Re: 10-unit California HOA Association

Does anyone know if all homeowners must agree on what (if anything) needs to be changed in CC&R's and ByLaws? Or do only the Board members get to make changes?

Also, are changes only made through an attorney?

BrianB (California)
Posts: 2,820

Posted:

Typically, the requirements to change your CC&R's and By-laws will be found in either/both documents. Typically, not ALL owners need to agree, but usually a supermajority do. Typically, the board cannot change either one without due process, voting, etc..

and they can be changed without attorneys, although it is sometimes advisable to utilize them, depending on the complexity of the change.

EvaM1 (Florida)
Posts: 190

Posted:

While I totally agree with Brian’s answer, I would not make any changes to the covenants without a specialized property attorney. If it was up to me I would hire:

A. Corporate attorney to deal with the Articles
B. Parliamentarian to deal with By-laws
C. Specialized Property Attorney to deal with Covenants

I bet you I would save a lot of money too. Of course, one can hire a large law firm which has all the talent and pay for it. My observation. But again, I am not saying there are not good HOA attorneys what ever that means.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Mary, Brian is on target.

Your governing documents should describe the process you will need in order to make changes/amendments.

Do you have any associations in your area that are of similar make up and size?

You might want to get copies of their documents to see what they've done.

It's perfectly fine to make initial drafts of your changes yourself (within your HOA), but before they are finalized for voting, see if you can run them by an HOA-savvy attorney.

That should help keep costs down.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Don't forget, just because you can't find a copy of your documents or they seem incomplete does NOT mean there are none written. If you are a condo, you will be licensed by the state somewhere. Go online to your county website:
Search your "Name"
Search the Business filings.
Search the non-profit organizations.

Go to the courthouse and inquire personally how you are listed in the county.

Then go on-line to state website and see what you find.

Can't find it? Then you are not one.

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