CC&R Amendment / Replacement
Homeowners associations and individual condominium owners sometimes need to amend their covenants, conditions and restrictions (“CC&Rs”), bylaws, rules, map, or other governing documents to recognize construction of garages, decks or room additions, or to reflect changes adopted by the owners. In addition, periodically replacing older condominium documents so they adhere to current law and “best practices” can make it easier to sell and refinance, and minimize the likelihood of owner disputes and operational problems. To learn more about the condo document amendment and replacement legal services offered by SirkinLaw APC, visit Our Services.
Learn how CC&Rs and Bylaws for smaller condo HOAs are different, and why small homeowner associations should periodically update their documents.
This Articles explains the special risks and potential disputes that should be addressed in condominium documents for mixed-use (commercial and residential) condominium owners associations.
The documents governing homeowners associations, called the covenants, conditions and restrictions (CC&Rs), bylaws and rules, need regular updating or revision to accommodate changing circumstances, comply with the latest law, and remove obsolete provisions. Associations also replace their governing documents because the old documents are hard to understand and/or use, or do not effectively deal with the real problems of the association. We have developed “plain English” CC&Rs which we believe to be clear and easy to follow. We offer a fixed-fee program for updating, improving and replacing old or bad CC&Rs. If you are interested in this program, please use this link for more information.
More and more California homes are part of a homeowners association, condominium association, or community association. This article answers many of the questions commonly asked by HOA members (the owners of condominiums and other homes governed by owners associations), HOA managers, HOA directors, and HOA officers.
Branden Bickel and I have written a reference book containing a wealth of information about condominiums and planned developments in California. It contains detailed answers to the questions most commonly asked by property owners, Realtors(c), homeowners association officials, and property managers, along with useful forms, checklists, and step-by-step instructions for most homeowners association functions. It also collects virtually all of the laws relating to the day-to-day operation of a condominium project and planned development, including statutes from the Civil Code, Corporations Code, Code of Civil Procedure, Evidence Code, Vehicle Code, Labor Code, Health & Safety Code, United States Internal Revenue Code and California Revenue & Tax Code.
Each chapter of the Condominium Bluebook is divided into sections with descriptive headings. A detailed Table of Contents at the beginning of the book collects all of the headings, and includes every question in the “Questions and Answers” chapter, the descriptive title of each statute, and the topic of each checklist and form. The index at the back of the book provides a comprehensive alphabetical listing of key words and phrases.
CALIFORNIA CIVIL CODE SECTIONS 4000-6150, the new version of California law that describes the requirements for homeowners association activities and the rights of owners in condominium and planned developments (PUDs).
In addition to the new version of its basic HOA law (the “Davis-Sterling Law”), California recently enacted a variety of related laws governing condominium associations and planned developments. These are collected here. (532 KBytes, PDF)