TinoS (California)
Posts: 85
Posts: 85
Posted:
Against my wishes we have hired a lawyer that seems inexperienced in HOA law to write an amendment for us. He has presented us with what I believe to be the document that he thinks we will record if the amendment passes vote by the membership.
It is titled:
____________________________________
PROPOSAL TO AMENDMENT DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES, EASEMENT AND LIENS
RESOLVED, that Article IX, Section 1, relating to residential area covenants, be amended to add a new subsection L, to read as follows:
_____________________________________
I have looked back at some older amendments that were written many years ago that are titled:
_______________________
CERTIFICATE OF FIRST AMENDMENT OF DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES, EASEMENTS AND LIENS OF [name of association][city, county, state].
________________________
I am concerned why the word PROPOSAL starts the amendment and why the association name and location is not on the document. I've been told by another board member who has contracted the attorney that this is the document that we would be recording at the county recorder. Would the document we record start with Proposal or are we actually still missing that document?
(and yes, I am aware that we should not be using a lawyer that is not expert in California's Davis-Stirling. - I am in the minority on the three person board and I doing my best to change directions.)
It is titled:
____________________________________
PROPOSAL TO AMENDMENT DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES, EASEMENT AND LIENS
RESOLVED, that Article IX, Section 1, relating to residential area covenants, be amended to add a new subsection L, to read as follows:
_____________________________________
I have looked back at some older amendments that were written many years ago that are titled:
_______________________
CERTIFICATE OF FIRST AMENDMENT OF DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES, EASEMENTS AND LIENS OF [name of association][city, county, state].
________________________
I am concerned why the word PROPOSAL starts the amendment and why the association name and location is not on the document. I've been told by another board member who has contracted the attorney that this is the document that we would be recording at the county recorder. Would the document we record start with Proposal or are we actually still missing that document?
(and yes, I am aware that we should not be using a lawyer that is not expert in California's Davis-Stirling. - I am in the minority on the three person board and I doing my best to change directions.)