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| Wednesday, February 08, 2012
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TinoS
(California)
Posts:69
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| 09/08/2010 6:56 AM |
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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.)
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SusanW1
(Michigan)
Posts:5035
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| 09/08/2010 7:35 AM |
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I am wondering if . . .
The proposal wording is used for the Notice to the Members, required by your documents, to announce that a motion will be introduced at the required meeting.
The motion is "proposed" until it is passed or not.
The "motion" should be announced by the president at the meeting and the vote taken after that.
The proper verbiage is then included in the bylaws or whereever and then filed, if needed.
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MaryA1
Posts:0
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| 09/08/2010 7:40 AM |
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Tino,
IMO, this is not the amendment that would be recorded. This is what would be sent to all the members of the assn to vote on. It is a proposal until the members agree to accept it as the amendment. After the members vote then it would be titled as the prior amendment was.
BTW, surely in the state of CA you can find an attorney who works with HOAs? Try contacting the local CAI Hq. |
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