Meetings

If the board is trying to make changes to the CCR's. They have called a special election to vote on the change. They have given less than 30 days notice. They state they only need to give "not less than 15 not more than 60 days notice" My question is if our CCR's dont give a time that the members need to be notified of the special meeting to vote on the change and they have given 23 days is that enough notice? The meeting is set for December 13th.

Jill:

I think so...not sure what your state says about it though.

Ron is right, study your documents, all we have to do is get 2/3 of the members present at a meeting called for that purpose to amend our CC&R's.

The President's right. Here's the relevant code:

Civil Code §1355. Amending the CC&Rs

(a) The declaration may be amended pursuant to the governing documents or this title. Except as provided in Section 1356, an amendment is effective after

(1) the approval of the percentage of owners required by the governing documents has been given,

(2) that fact has been certified in a writing executed and acknowledged by the officer designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association, and

(3) that writing has been recorded in each county in which a portion of the common interest development is located.

(b) Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration which fails to include provisions permitting its amendment at all times during its existence may be amended at any time. For purposes of this subdivision, an amendment is only effective after

(1) the proposed amendment has been distributed to all of the owners of separate interests in the common interest development by first-class mail postage prepaid or personal delivery not less than 15 days and not more than 60 days prior to any approval being solicited;

(2) the approval of owners representing more than 50 percent, or any higher percentage required by the declaration for the approval of an amendment to the declaration, of the separate interests in the common interest development has been given, and that fact has been certified in a writing, executed and acknowledged by an officer of the association; and

(3) the amendment has been recorded in each county in which a portion of the common interest development is located. A copy of any amendment adopted pursuant to this subdivision shall be distributed by first-class mail postage prepaid or personal delivery to all of the owners of separate interest immediately upon its recordation.

Joe