HOA Law Blog
You know you’ve been meaning to get around to it for a long time now. Your manager has probably been nudging the board as well, hoping that maybe this year will be the year your association decides to get rid of those outdated CC&R and Bylaw provisions, making everyone’s job a lot easier.
Amending your governing documents does not have to be a painful process. Some boards of directors will not even consider amendment, dismissing it out of hand as too time-consuming or too expensive with little chance for success. But if the board truly commits to the process and engages in an active marketing campaign to support the approval of the amendment by the required secret ballot vote, we find that our association clients are able to get some great amendments passed by their members, quickly and effectively.
What’s bothering you?
o Delinquent owners are not paying assessments, but they are collecting rent from tenants. Let SwedelsonGottlieb prepare an “Assignment of Rents” provision for your CC&Rs, allowing the association to demand rent directly from the delinquent owner’s tenant.
o Too many leased units at the association. Let SwedelsonGottlieb prepare a rental restriction for your CC&Rs, restricting the ability of a new owner to lease for a year or two or restricting leased units to a certain percentage of all units (many of our clients find 25% to be reasonable). This will help to protect the resident-owner character of your association.
o Little or no director qualifications exist. Let SwedelsonGottlieb prepare an amendment to your Bylaws setting forth reasonable director qualifications such as being a member of the association, being current in payment of assessments, and not being involved in adverse litigation with the association.
o Not sure who is responsible to repair or replace some parts of the development. Let SwedelsonGottlieb prepare amendments to your CC&Rs clarifying maintenance responsibilities.
o That one incredibly confusing provision that causes fights all the time. You know the one. Let’s get rid of it and replace it with something clear and concise.
Do you have many issues that arise because of governing documents that are out of whack with current state statute and best practices for homeowner associations? You may wish to consider a full restatement of your CC&Rs and Bylaws through our Amend!® program. Actually, most associations will benefit greatly from restatement every fifteen years or so. We offer reasonable flat fees for several options of service.
Let SwedelsonGottlieb know how we can help. Contact us at 800-372-2207.