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EllieD
(Vermont)
Posts:173
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| 11/04/2011 10:32 AM |
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Yes as Roger just stated – Based on Documents that I am familiar with - A typical title page and/or first page might read something like:
AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR ……. The date of this Amended and Restated Declaration of Condominium is …….
This Amended and Restated Declaration of Condominium amends and replaces the Declaration of Condominium for …… ….…. as amended and supplemented, as described below and restates, in a single document, the covenants, conditions, easements, ………
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JeffR7
(California)
Posts:245
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| 11/04/2011 10:39 AM |
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I am not an attorney and can't say that I am an expert on legalese but here is what I see in my own HOA and in those that we manage. This is coming from CC&Rs and Bylaws prepared by attorneys.
If Restated it usually reads "RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ...."
If amended it usually reads "FIRST AMENDMENT to RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ..."
I see a lot of amendments these days and some restatements because of the upcoming rental restriction law.
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EllieD
(Vermont)
Posts:173
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| 11/04/2011 11:10 AM |
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CookieB stated “The current CCR's are about 15 yrs old”
I do not know whether or not this applies in California, but in Vermont, an Amended and Restated Declaration must be adopted in accordance with the provisions of the ORIGINAL Declaration relating to amendments
It requires that any such amendment must be adopted in conformity with the procedures and requirements SPECIFIED in the ORIGINAL Declaration, as amended.
For Example an ORIGINAL Declaration might state re adoption - Such consent may be evidenced by a vote of approval by such owners at a meeting of the Association, or in writing by such owners if not present at that meeting.
So is it possible in California, that in reference to the vote that CookieB is asking about, that the vote only had to conform with, to, what was in effect 15 years ago?
If yes, then what was the “vote requirement” 15 years ago? Is it possible that back then a secret ballot was not required?
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JeffR7
(California)
Posts:245
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| 11/04/2011 1:50 PM |
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| In California it's the same thing. New CC&Rs must be amended in accordance with old documents. But .... A law was passed in California couple of years back requiring secret ballots for CC&Rs and Bylaws (and few other things). Given that your governing documents may not conflict with state laws - it's the requirement regardless of what it says in the old doc. What does still matter from the originals is how many votes it would take and quorum requirements. |
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CookieB
(California)
Posts:19
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| 11/06/2011 4:21 PM |
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OMGosh! In response to my letter, the board has issued a notice to all members stating that they will have a reading of the ballots on Saturday at 10am with coffee and donuts! This is NOT a board meeting so there won't be any discussion of anykind, just a reading of the ballots? What the hell are they doing?
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