What if owners don't approve updates to CC&Rs?

Tino:
There is no need to update CC&Rs to agree with state law. Since state law supercedes your documents, it would be redundant. Just put together a sheet explaining the new laws and put that information in your newsletter and on your web site or mail it to homeowners.

Additionally, I've heard of attorneys inserting very homeowner-unfriendly passages such as "the homeowner will pay all legal expenses of the board in any action the board may take against them"in complete rewrites of documents. This is why Maryland Homeowners' Association recommends homeowners never sign completely new bylaws. In any revision of bylaws, the old language and the new language must be side by side with an explanation of the new language clearly presented.

Jeanne

Was typing when Jeanne replied. No need to double post.

Tino as others have stated you don't have to change the CC&R's every time the law is changed, the law supersedes the CC&R's. But to answer your question of what to do if the H/O's won't approve a needed change in CA. This is from davis-stirling.com an attorney website:

Court Approval of CC&Rs

Most older CC&Rs have very high approval requirements (from 60% to 75%) that make it almost impossible to amend or restate the CC&Rs. The legislature recognized the problem and enacted Civil Code §1356 to alleviate the problem.

Good Faith Effort. If the association made a good faith effort to obtain membership approval and the number of votes fell short of the requirements, the association may petition the court to reduce the percentage of votes necessary to amend the CC&Rs. Blue Lagoon v. Mitchell.

Petition Requirements. The petition must contain the following elements:

1. Explain the reason for the amendment.
2. Describe number of votes required to amend the CC&Rs.
3. Describe the number of affirmative and negative votes actually received.
4. Describe the effort to solicit approval of members in the manner provided in the CC&Rs.
5. Include a copy of the governing documents, a complete text of the amendment, and the notice and solicitation materials used.

Time Frame. The petition is given priority by the courts. The process generally takes from 30 to 90 days to prepare and file the petition and have the matter heard.

Court Approval. The court may, but is not required to, grant the petition if it finds all of the following:

1. The membership was given at least 15 days written notice of the court hearing.
2. Balloting on the proposed amendment was conducted in accordance with the governing documents.
3. A reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment.
4. More than 50% of the membership voted in favor of the amendment. Peak Investments v. South Peak HOA.
5. The amendment is reasonable.
6. Granting the petition is not improper for any reason stated in subdivision (e) of the statute.

Reasonableness. The standard for reasonableness for CC&R amendments is that they not be arbitrary or capricious; that they be rationally related to the protection, preservation or proper operation of the property and the purposes of the association as set forth in its governing instruments; and that they be fair and nondiscriminatory. Fourth La Costa Condominium Owners Assn. v. Seith.

http://www.davis-stirling.com/MainIndex/CourtApprovalofCCRs/tabid/1318/Default.aspx

Daniel,

IMO, any conscientious board member would make certain he/she is as familiar with state law as with their gov docs so that it's not a problem to know which CCRs are superceded by state law. And, how many HOA members do you think really concern themselves with state laws and whether or not the CCRs differ from them? In some states, HOA laws are being passed each year, so would you suggest that the CCRs be amended each year? I think not!