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JohnG19 (California)
Posts: 4
Posted:
I am in the process of getting our condo complex approved for VA loans. After reviewing our HOA docs the VA attorney has declined us because of an age restriction in our CC&Rs. Our association was established in 1980 and it appears no changes have been made to our docs.
Can someone help me with the procedure to remove the Age Restriction from our HOA docs? I explained in writing to the VA attorney that the Davis-Stirling Act and the Fair Housing Act supercede our HOA docs but that wasn't good enough.
SarahG (Washington)
Posts: 8
Posted:
This is WA but I am sure it would be similar...

http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38.028
JohnG19 (California)
Posts: 4
Posted:
Thanks for the reply Sarah. I guess what I am looking for is a step by step process of how to amend our CC&Rs. A template or a book that gives the instructions on what is required and how to do the amendment. I have gotten quotes from attorneys of around $2000 to make what I think is a simple change.
DonnaS (Tennessee)
Posts: 5,671
Posted:

John,

What age restriction are you talking about. No one under 18 or a 55 + community?

To amend or change as you call it, your CC&R's, your Bylaws will tell you the process for chaging by a vote of the homeowners. It will state a percentage or number of owners voting "YES" to change or amend those CC&Rs. You will have to look in your documents.

Yes, the Davis-Sterling Act and FHA laws do supercede your HOA documents but neither of those laws state any vote percentages required for changes to HOA documents. You will need to flush that out yourself. If you cannot find it, then have the attorney examine the Bylaws as he surely will know where to find the percentage of votes to pass any changes.
JohnG19 (California)
Posts: 4
Posted:
Hi Donna,
The age restriction is for anyone under the age of 15 years.
The member approval is two thirds. My problem is not getting the members to approve the change, they want the change, but the actual preparation of the documents.
Sorry I wasn't clear.
SarahG (Washington)
Posts: 8
Posted:
ok, try these links. I was suckered into updating our early 80s CCRs as well. I am scrubbing the entire thing since we had a recent major reno. There are several templates available. I am tryig to get approval for the amazon template but the 1st link has some free templates when you sign up.

http://www.condoassociation.com/sample-documents/tabid/86424/Default.aspx

http://www.clronline.org/resources/app/CondoBylaws.pdf/view

http://www.amazon.com/gp/product/B000OSPH56?ie=UTF8&tag=myexctem-20&linkCode=xm2&camp=1789&creativeASIN=B000OSPH56http://www.portlandonline.com/oni/index.cfm?a=113708&c=42039
GlenL (Ohio)
Posts: 5,491
Posted:
CA law lets you make the changes without a homeowner vote, however $2,000.00 doesn't seem that outrageous to make sure all of the i's are dotted and the t's crossed.

Civil Code ยง1352.5. Board Authority to Delete Discriminatory Covenants.

(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.

(b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.

(c) If after providing written notice to an association requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Department of Fair Employment and Housing, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney's fees to the prevailing party.

********************************************************************************
12956.1. (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Section 1351 of the Civil Code.
(b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
"If this document contains any restriction based on race, color,
religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair
housing laws and is void, and may be removed pursuant to Section
12956.1 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on
familial status."
(2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
(c) (1) Any person who holds an ownership interest of record in
property that he or she believes is the subject of a restrictive
covenant referred to in subdivision (b), may file an application with
the Department of Fair Employment and Housing requesting a
determination of whether the restrictive covenant violates the fair
housing laws and is void. Any application pursuant to this
subdivision shall be in writing, contain a copy of the document, and
identify the location within the document where the restrictive
covenant is located.
(2) If the department determines that the document contains a
restrictive covenant that violates the law, it shall provide the
applicant with a written statement entitled "RACIALLY OR OTHERWISE
UNLAWFULLY RESTRICTIVE COVENANT MODIFICATION" that sets forth this
determination, including the page and line numbers of any void
restrictive covenant, which statement may be recorded with the
document pursuant to paragraph (3). The department shall process all
applications within 90 days. The department shall include the
following language at the end of the written statement which the
applicant may complete and sign for purposes of recording pursuant to
paragraph (3):
I (We) __________ have an ownership interest of record in the
property located at __________ (Address) that is the subject of this
document. The Department of Fair Employment and Housing has
determined that this document contains a restrictive covenant that
violates the law and is void. Pursuant to Section 12956.1 of the
Government Code, this document is being recorded solely for the
purpose of eliminating that restrictive covenant as shown on page(s)
__ of the document recorded on __ (Date) in book __ and page __, or
instrument number __ of the official records of the County of _____.
No other changes have been made.
If executed at any place, within or without this state:
I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct.

____________________ ___________________________
(Date and Place) (Owner(s) Signature(s))

(3) The applicant may strike out a void restrictive covenant
identified by the department, complete and attach a copy of the
written statement from the department to the front of the document,
and cause the modified document to be recorded, if provided that all
other requirements of recordation are met, including the payment of
any recordation fee.
(d) Subdivision (c) of this section shall not apply to persons
holding an ownership interest in property that is part of a common
interest development as defined in subdivision (c) of Section 1351 of
the Civil Code, and where the board of directors of that common
interest development is subject to the requirements of subdivision
(b) of Section 1352.5 of the Civil Code.
(e) The provisions of this section shall have no bearing or effect
upon Section 12955.9.
(f) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
(g) (1) Any person who holds an ownership interest of record in
property that he or she believes is the subject of an unlawfully
restrictive covenant in violation of subdivision (l) of Section 12955
may submit for recordation to the county recorder of the county in
which the property is located a modified document striking out the
unlawfully restrictive covenant.
(2) The county recorder may record the document, if all other
requirements of recordation are met, including the payment of any
recording fee, or may direct the person to obtain a determination,
pursuant to subdivision (c), that the covenant is unlawful. If the
recorder records the document, the recorder shall provide a form
entitled "RACIAL OR OTHERWISE UNLAWFULLY RESTRICTIVE COVENANT
MODIFICATION," which shall be recorded attached to the front of the
document that strikes the unlawfully restrictive covenant.


Studies show that 5 out of 4 people have problems with fractions
TishS (Washington)
Posts: 116
Posted:
Do you know if there has been a significant request for VA loans in your developement? Are you just doing this just in case? In my experience (I live near 3 military bases) the VA lending process is a hassle and most vets and active duty do not chose to use this option.
MaryA1 (Arizona)
Posts: 7,043
Posted:
IMO, whether any member,or potential member, wants to obtain a VA loan or not discriminatory restrictions should definitely be taken out of the CCRs. CA makes it very easy by allowing the board to amend the CCRs to delete discriminatory restrictions w/o a vote of the members.
JeanneK3 (Maryland)
Posts: 562
Posted:
I agree with Mary.
This is a simple change and shouldn't cost $2000. Use another attorney who will review your text for less.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Why even use an attorney? All that needs to be done is to delete the discriminatory restriction. After the members vote to approve the amendment it must be recorded with the Co. recorder. Then the amendment should be sent to all the prop. owners, even the ones who do not live on the premises and ones who may be renting their property.
JohnG19 (California)
Posts: 4
Posted:
Thanks for all the help. I guess this is a topic that allot of HOAs have to deal with. So much so that the Los Angeles County Recorders office has placed a document on their website to correct these issues. The doc is called "RESTRICTIVE COVENANT MODIFICATION" and makes it easy for HOAs to remove discriminatory language from their CC&Rs.

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