Kevin Hirzel Recognized As One of Michigan s Condo And Real Estate Go To Lawyers by Michigan Lawyers Weekly iosconews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from iosconews.com Daily Mail and Mail on Sunday newspapers.
1. Check with the members. Amending CC&Rs usually takes a supermajority (i.e., more than simply a majority of the quorum), so a good idea isn’t enough it still needs widespread support. A great proposed amendment is meaningless if the homeowners will not vote for it.
2.
Avoid controversial amendments. Be aware of subjects which could be very upsetting to some members. Avoid issues on which a widespread consensus cannot be achieved, such as changing assessment allocations or unpopular use restrictions.
3.
The board can pass some amendments. Certain amendments can be approved in an open meeting by the board such as amendments deleting developer marketing provisions (Civil Section 4230), removing illegal discriminatory restrictions (Section 4235), or changing the old Civil Code references to the current (Section 4235).
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Among the association governing documents including articles of incorporation, recorded map or plan, bylaws, operating rules and covenants, conditions, and restrictions (“CC&Rs”), the CC&Rs document is arguably the most important. Here are eleven things about CC&Rs which might surprise you, before you read them.
CC&Rs are:
Public documents. When filed with the County Registrar/Recorder (aka, “recorded”), CC&Rs become a public document and anyone can see a copy.
Binding all owners. CC&Rs bind all owners, regardless of whether they read it, understood it, or received a full copy of it. As a recorded document, CC&Rs are a “covenant running with the land,” meaning a legal commitment attaching to the land and therefore its owners.
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Q: Is it considered a conflict of interest if a board member is also a HOA employee? Our board is voting on matters which would affect the job duties of the board member/employee. Would this be considered a conflict of interest? The director acts as property manager. E.L., Simi Valley
A: A homeowner who is also an employee, let alone the manager, is burdened with major conflicts of interest. Is the manager making their home a higher priority? Does the manager issue violation notices against their friends? Managing HOAs under the Davis-Stirling Act is complicated, particularly under the growing body of technical requirements. Don’t hire a neighbor; hire a professional manager. They cost more, and there are reasons for that – professional managers have training, experience, and resources behind them which more than offset the cost.
HOA Homefront – Legislators discussing many proposed new HOA laws Here are Sacramento s good ideas sandiegouniontribune.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from sandiegouniontribune.com Daily Mail and Mail on Sunday newspapers.