Your governing documents, which consist
primarily of your Bylaws, CC&Rs and Rules are evaluated,
utilized and relied upon by your board of directors, management
company, reserve study provider, mortgage lenders and every owner,
including new buyers.
Our Governing Document Rewrite Program
is designed to provide your association with a cost-effective legal
service to replace outdated documents with clear, unambiguous, modern
Bylaws, CC&Rs and Rules. The new documents will incorporate
recent statutory changes, comprehensive rules and effective enforcement
procedures. They will also provide officers and directors with the
broadest legal protection available under California law.
If you answer "yes" to one or more of the
following questions, you should seriously consider revising your
1. Are your CC&Rs over five years
If so, the document does not reflect a substantial portion of the
legislation specifically enacted by the state legislature to govern
the conduct and administration of associations.
It is important to realize that one of the primary purposes of
CC&Rs is to provide notice to the members (including new buyers)
of their legal rights and obligations. Revised CC&Rs, which
reference all of the current code sections, will meet the disclosure
obligations of the board and management
2. Does your board find it necessary to regularly obtain legal
opinions regarding provisions in the documents either because they
are ambiguous or because they do not include recently enacted
Revised documents will be clear, concise and comprehensive. While
the need for future legal opinions may not be completely eliminated,
well written, up-to-date documents can substantially reduce the need
for legal opinions and can save your association far more money, in
the long run, than the short term cost of
3. Do your governing documents adequately address possible
disasters such as earthquakes and fires?
Until the 1994 Northridge Earthquake, many governing documents
did not address this complex issue adequately. For example, after
the earthquake, it became obvious that many governing documents
required boards to make critical decisions before it was possible
for them to become adequately informed on all relevant issues. This
often resulted in less than optimum decisions that turned out to be
very expensive for the association.
4. Do your governing documents include obsolete references to the
developer and the rights of the declarant which cause confusion?
These obsolete provisions can be eliminated, thus making the
documents more concise and clear.
5. Do your governing documents omit important rules (such as
parking rules) that, if included, would improve your ability to
manage the association?
If your rules are inadequate, comprehensive (and legally
enforceable) rules can be included in a revised set of governing
If you have answered "yes" to one or more of the questions above,
you should seriously consider revising your governing documents. The
process is relatively simple. Payment terms can be arranged.
Our service can be provided without regard to legal work being
handled by other attorneys. See our CC&Rs Amendments - Restatement Checklist.
Please do not hesitate to contact us with any questions. There is
never a charge for the initial consultation concerning any legal
Please visit CC&Rs and Bylaws Q and A
your CC&Rs - $300
CC & Rs Maintenance Matrix - $600
If your homeowner association board is having difficulty determining whether association or individual homeowners are responsible for the maintenance of various building components, we can help you by reviewing your CC&Rs and then preparing a CC&R Maintenance Matrix. For $600, your association should be able to eliminate most arguments about maintenance responsibilities and minimize the chances that it will be involved in litigation over maintenance issues. Call us today if your HOA is located anywhere in California.
Assignment of Rents
Assessment Collection Tool
Homeowner associations can seize the rent due from tenants who occupy homes owned by owners who are behind on their assessments or dues, if their CC&Rs permit the action. If your associationís CC&Rs do not permit the seizure of tenant rents,
your CC&Rs can be amended to permit this highly effective collection method. Drafting a single Assignment of Rents Amendment, can be done for the cost of $300. Why wait? Why let delinquent homeowners collect rent and not pay the association? Has your association lien service made this recommendation? Call us to get started.
Why CC&Rs Must
Agreement - Restated CC&Rs
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