|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
FrankT
(California)
Posts:3
 |
| 06/21/2006 12:24 PM |
|
| Our cc&r's are out dated,our budget at this time doesn't allow for extra expense to update to new cc&r. Since the davis-sterling act is our main body of law. Is it possible to hold off a year or two to have enough expense to get these cc&r update. thanks |
|
|
|
|
MistiH
(Texas)
Posts:52
|
| 06/21/2006 12:34 PM |
|
CCR's are documents that are filed with the court, right? Why can you not type an ammendment and file it yourselves? Is an attorney actually required?
|
|
Loving Life in Texas!
Misti |
|
|
RogerB
(Colorado)
Posts:3725
|
| 06/21/2006 1:57 PM |
|
| Frank, an amendment to the Declaration can be filed with the county without using an attorney if your associations so choses and you have anyone with the expertise. I draft and file properly approved amendments all the time. Until the Declaration is updated I think the davis-sterling act will supercede the Declaration wherever they are in conflict. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
GeraldT1
Posts:0
|
| 06/21/2006 2:14 PM |
|
FrankT - You're in California? I read Davis and Sterling and it's very good in many areas, seems to have anticipated many hoa situations.
In section (d) of Davis Sterling it states the board of directors of the association may not amend the governing documents without the apporval of the owners, casting a majoriy of the votes and that more than 50% will be required for a meeting or election of the association constituting a quorum to take action to amend.
You need a majority vote of owners, so let me play devil's advocate. Where did the request to amend your cc&r's come from? What is outdated, is anything not in compliance with the law? An argument could (and probably should) be made that it doesn't make sense to amend the cc&r's piecemeal rather to do it all and seek community amendment once in final form. This will cut down on legal, and time and energy costs.
Do you need an attorney, probably not. But I recommend your HOA get one to help with the formalities, and possible legal contradictions to Davis and Sterling.
Certainly begin the process by getting amendment discussion onto a published agenda for your next open meeting to the community. This must be the first step you take. Otherwise, won't the board be in an awkward position if someone feels the rules are just fine and they start changing without due process? I come back to my question, where did the request for amendment come from? What's not working in your HOA that an amendment would fix?
An agenda item for amendment is sure to stir some of the "sleeping giants" so to speak and get people interested, and hopefully provide input. Even if it dies on the grapevine. If your pulse on the community tells you owner apathy may occur, you may just publish an agenda item that states your cc&r's need to be updated and amended as they are in conflict with Davis and Sterling. This opens up amendment discussions and the community input may flow. What you probably need are covenants that are more in touch with the times and your community dynamics. The covenants you develop need to be in compliance with the law and benefit the eligible mortgage holders.
Spend the next year or so advertising to form a legal committee for the purpose of looking into the governing documents and rules and regs. Include the agenda item and provide updates until it is achieved.
Hope the methodology helps.
GeraldT1 |
|
|
|
|
FrankT
(California)
Posts:3
|
| 06/21/2006 7:50 PM |
|
| The request for the updates came from the previous mc. This is before I came on the board. I did advise the previous board that the cc&r needed a majority vote to pass by the associated memebers. The idea died for 4months. Now that I'm the board there is one person who keep harping on getting updated the cc&r. I asked why, and the answer is to update the common area . I was able to get a copy of the new requested cc&r and I see not just the common area changes but everything else. The cost for update which is my concern at this time is around $6,000.00 . I dont see anything in our old documents that are outdated and have given a copy of the davis sterling act to all board members to have as refer to if our document are in question. This is working. What I gather from these comments is that if our governing docouments are not with in the law than we need to update. I don't see anything of concern in our documents . But I will say, what do you consider not with in the law? Our cc&r are 22years old. They work for this community and the new request copy of the cc&r have more restriction.please clarified. thank you |
|
|
|
|
GeraldT1
Posts:0
|
| 06/22/2006 12:28 PM |
|
Frank,
If you don't see anything that is of concern or in non-compliance of sterling, and the other board members agree, than an expense to amend is not warranted. Therefore, my suggestion for wording of an agenda item (cc&r's need to be updated and amended as they are in conflict with Davis and Sterling) does not apply. However, if I was on your BOD, I'd propose an agenda item to state: Develop Team to Research Compliance of Current CC&R's and (the unit owner(s) name) Proposed CC&R's to state laws and Davis and Sterling. I would seek a discussion with the source(s) of the new cc&r you received, why was it expanded to "everything else"? Seems there's an agenda that is exclusive instead of a cc&r amendment process that is all inclusive. Your last line states the new request copy of the cc&r have more restrictions. This is not good. Look at your governing documents, there may be passages about amending current rules that restrict owners.
All I'm advocating is a process that is inclusive and gets the ball rolling on community input.
GeraldT1 |
|
|
|
|
FrankT
(California)
Posts:3
|
| 06/22/2006 4:09 PM |
|
| Thanks all for your suggestions. I will give this a try and hope I can keep our community on having a quality of life here they so desire. These where all good ideas which I plan to introduce to the rest of the board. Will let you all know the outcome. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|