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| Tuesday, February 07, 2012
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PhilR
(California)
Posts:6
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| 07/07/2006 3:28 PM |
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Is there anyone who can help a new board member obtain a copy of Calif. CC&R's that contain a list of sanctions and mediation procedures for non-compliance with neighborhood quality restrictions? We have a large resort & retirement community of over 600 homes in No. Calif. but lack valid enforcement language in our CC&R's. Any help or suggestions will be greatly appreciated !!
Phil R. |
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PhilR
(California)
Posts:6
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| 07/07/2006 3:28 PM |
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Is there anyone who can help a new board member obtain a copy of Calif. CC&R's that contain a list of sanctions and mediation procedures for non-compliance with neighborhood quality restrictions? We have a large resort & retirement community of over 600 homes in No. Calif. but lack valid enforcement language in our CC&R's. Any help or suggestions will be greatly appreciated !!
Phil R. |
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BrianB
(California)
Posts:2381
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| 07/07/2006 3:31 PM |
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phil, cc&r's are written for each specific HOA... there is no single set of CC&R's for all HOA's in california.
You will need to ask the board of your HOA to provide a copy to you, as an owner. You should have received one when you purchased your land. |
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RogerB
(Colorado)
Posts:4647
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| 07/07/2006 4:38 PM |
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| Phil, do your By-laws or CC&Rs do not provide for a Hearing when an owner disputes an alledged violation? If not, then amend the By-laws. At the same time you can amend the By-laws to include the mediation process which the owner may seek with the HOA commitment to participate. If you want specific language (rather than general) on the mediation process I suggest you get the assistance of a mediator who is an attorney. |
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RogerB
(Colorado)
Posts:4647
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| 07/07/2006 4:58 PM |
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Phil, here is my post on another thread.
FYI Colorado Senate Bill 06-89, statute 38-33.3-124, passed May 26th addresses this.
"(1)(a) The cost, complexity, and delay inherent in court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. Therefore, common interest communities are encouraged to adopt protocols that make use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between a Unit Owner and Association in situations that do not involve an imminent threat to the peace, health, or safety of the community.
(b) Each Association shall adopt a written policy setting forth its procedures for addressing disputes arising between the Association and Unit Owners. The Association shall make a copy of this policy available to Unit Owners upon request."
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ShirleyC
(California)
Posts:46
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| 07/08/2006 7:30 PM |
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Philr,
go to davis sterling act, has civil codes etc.......very helpful to us. |
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