Dictations and CC&R renewel.

Started by NoelleC2 • 5 replies • 1367 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

NoelleC2 (California)
Posts: 47

Posted:

I am wondering how often if at all have fellow hoa;s redone thier CC&R;s? It's been 23+ years for our association and under our current attorney's suggestion they are being redone to match recent laws ets for the state of California..

TimB4 (Tennessee)
Posts: 21,061

Posted:

Noelle,

My Association in VA does a review about every 10 years. There is no requirement to do one and sometimes it opens up doors you wish stayed closed. This is because some members might see this as an opportunity to modify the documents to support or oppose a certain issue or two. That said, a simple review and alignment toward existing laws isn't a bad thing. It can minimize conflicting statements between the law and your documents and put a good face on what is presented to potential buyers.

Tim

DonnaS (Tennessee)
Posts: 5,671

Posted:

Noelle,

As Michelle would say--"IT DEPENDS" My villa assoc. in Florida has a Documents committee and they meet semi-annually unless there is some project that they are working on. They review the new years Statute changes and see if there are items that our documents conflict with and procede from there. In my opinion, 23 years is way too long a time to not address changes in Federal and State laws. I'd say you guys need to follow your attorney's advice and get an update started.

JeanneK3 (Maryland)
Posts: 562

Posted:

In Maryland, By-Laws do not have to be updated to match state law. Since state law trumps By-Laws, a summary of these laws should be kept with the By-Laws and that is enough.
I think attorneys want associations to think they need to change By-Laws every time but that is not the case.
Jeanne

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jeannie,

That is correct about State laws trumping HOA bylaws. But confusion happens when association members do not know how the law works. If it isn't written in front of them,, many do not have a clue as to changes in laws and regulations from a Federal and State perspective and how it affects them. Just to be a better source of enforcement, updating your own CC&Rs is not that difficult and should be done regularily.

JeanneK3 (Maryland)
Posts: 562

Posted:

Donna:
You are of course right that for clarity updating By-Laws makes sense but shouldn't there be a way that doesn't cost $2000-$5000? Maybe the state sending out legislative updates to all homeowners? Just looks like an attorney income stream that doesn't have to be.
Jeanne

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here