|
| Saturday, February 04, 2012
|
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
MaryB10
(California)
Posts:22
 |
| 06/12/2009 1:52 PM |
|
Re: 10-unit California HOA Association
Does anyone know if all homeowners must agree on what (if anything) needs to be changed in CC&R's and ByLaws? Or do only the Board members get to make changes?
Also, are changes only made through an attorney? |
|
|
|
|
BrianB
(California)
Posts:2381
|
| 06/12/2009 3:09 PM |
|
Typically, the requirements to change your CC&R's and By-laws will be found in either/both documents. Typically, not ALL owners need to agree, but usually a supermajority do. Typically, the board cannot change either one without due process, voting, etc..
and they can be changed without attorneys, although it is sometimes advisable to utilize them, depending on the complexity of the change. |
|
|
|
|
EvaM1
(Florida)
Posts:190
|
| 06/12/2009 6:36 PM |
|
While I totally agree with Brian’s answer, I would not make any changes to the covenants without a specialized property attorney. If it was up to me I would hire:
A. Corporate attorney to deal with the Articles
B. Parliamentarian to deal with By-laws
C. Specialized Property Attorney to deal with Covenants
I bet you I would save a lot of money too. Of course, one can hire a large law firm which has all the talent and pay for it. My observation. But again, I am not saying there are not good HOA attorneys what ever that means. |
|
|
|
|
MicheleD
(Kentucky)
Posts:4491
|
| 06/13/2009 8:58 AM |
|
Mary, Brian is on target.
Your governing documents should describe the process you will need in order to make changes/amendments.
Do you have any associations in your area that are of similar make up and size?
You might want to get copies of their documents to see what they've done.
It's perfectly fine to make initial drafts of your changes yourself (within your HOA), but before they are finalized for voting, see if you can run them by an HOA-savvy attorney.
That should help keep costs down.
|
|
|
|
|
RobertR1
(South Carolina)
Posts:5164
|
| 06/13/2009 9:06 AM |
|
Don't forget, just because you can't find a copy of your documents or they seem incomplete does NOT mean there are none written. If you are a condo, you will be licensed by the state somewhere. Go online to your county website:
Search your "Name"
Search the Business filings.
Search the non-profit organizations.
Go to the courthouse and inquire personally how you are listed in the county.
Then go on-line to state website and see what you find.
Can't find it? Then you are not one. |
|
|
|
|
|
| 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.)
|
|
|
|
|
|
|
|