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DanielL (California)
Posts: 5
Posted:
Our Lawyer just told us that our CC&Rs have to be revised to account for the State of California's NEW Dispute Resolution Procedures and Architectural Review Procedures effective 2005. He says it will cost about $1200 to amend the CC&Rs for this. Does this sound right to y'all??? Where can I get more info on this legislation?
RogerB (Colorado)
Posts: 5,067
Posted:
DanielL, search for these on the internet or ask your property manager or attorney for a copy. I do not think that you have to amend the CC&Rs. However, you must comply with state statues, so do not enforce CC&Rs which are superceded. I believe you can have your board create rules and regulations to to cover these items. Atleast this is what I have done in Colorado but do not know the laws in your state.

Good luck,
Roger
RogerB (Colorado)
Posts: 5,067
Posted:
I meant to include the following phrase enclosed in parens " .. " in my last reply.

I believe you can have your board create rules and regulations to to cover these items "when there is nothing in your CC&Rs to the contrary". Atleast this is what I have done in Colorado but do not know the laws in your state.

The following clarification could be considered as an amendment to your bylaws:

CONFLICTS OF PROVISIONS

In the case of any conflict between the Rules and Regulation and these Bylaws, the Bylaws shall control; in the event of any conflict between the Rules and Regulations and the Articles of Incorporation, the Articles of Incorporation shall control; in the event of any conflict between the Rules and Regulations and the Declaration, the Declaration shall control; in the case of any conflict between the Bylaws and the Articles of Incorporation, the Articles of Incorporation shall control; in the case of any conflict between the Bylaws and the Declaration, the Declaration shall control; in the case of any conflict between the Articles of Incorporation and the Declaration, the Declaration shall control. In the case of any conflict between the Declaration and State statutes the State Statutes shall control. In the event of conflict between the Declaration and Federal statutes the Federal statutes shall control.

I apologize for any confusion,
Roger

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