When a homeowner’s association (HOA) puts in place specific covenants, conditions, and restrictions (CC&Rs), they are expected to last and be followed by all homeowners in the community. However, times change, and some rules might not be warranted or appropriate, and one or more homeowners might want the CC&Rs changed. There is a process to amend these documents, and anyone needing guidance should contact a California HOA lawyer.
Each HOA should have steps for amending CC&Rs, and it might look similar to the following:
- One or more homeowners present a proposal for an amendment to the board
- The homeowners and board have a meeting to discuss the proposal
- Homeowners receive secret ballots to vote on the amendment
- If a quorum (based on the current CC&Rs) is present, the amendment is approved
- Homeowners receive new and amended CC&Rs
- The amended CC&Rs are filed with the County Recorder
- The HOA also amends the bylaws to be consistent with the new CC&Rs
Sometimes, HOAs struggle to reach a quorum, but it can be helpful to remind homeowners individually to vote. HOAs might even offer incentives for submitting a ballot to get the necessary percentage of votes. However, some homeowners might choose not to vote, but the amendment can move forward without a complete ballot return as long as there is a necessary quorum.
Contact a Trusted California HOA Lawyer
CC&Rs need to be amended from time to time, and HOA boards might not be familiar with this process. At Pratt & Associates, our California HOA attorney advises HOAs and homeowners on many legal issues and processes. Call 408.369.0800 or contact us online if you would like to discuss HOA concerns. We represent clients throughout San Jose, CA, Campbel, CA, Mountain View, CA, Sunnyvale, CA, Santa Clara, CA, and Cupertino, CA.