Adams Stirling PLC
Menu

AMENDMENTS & RESTATEMENTS

 

Governing documents are the heart of any homeowners association. If they are not properly written, your association can be exposed to potential liability and needless legal expenses.

If your documents pre-date laws addressing important topics such as assessment collection, election rules, document disclosures and water damage claims, your association needs to update their documents.

Some reasons for restating your documents:

  • Current Laws. In 1986, the “Davis-Stirling Act” went into effect. On January 1, 2014, a revised and Restated Act replaced the original Act, putting governing documents throughout the state out of sync with the law in areas such as the Open Meeting Act, electric vehicle charging stations, pets, and rentals, to name a few.

  • Maintenance Obligations. Older documents are often ambiguous when it comes to maintenance responsibilities. Developers are known for using boilerplate documents that often mention components that do not even exist within the development. Failure to properly define duties leads conflict, insurance disputes and litigation.

  • Elections. Changes in the law have dramatically affected how elections are handled and ethics issues for directors. Older bylaws fail to have adequate qualifications for the election of directors, have void nominations procedures, make no provision for secret elections, and fail to address the selection independent inspectors of election. Associations need to adopt modern election rules and amend their bylaws to bring them current with the law.

  • Pet Restrictions. Pet restrictions can be relaxed or strengthened depending on the needs of the association. Condominium associations, in particular, may wish to restrict the number, weight and breed of dogs.
The menu on your left describes the drafting, amendment and restatement services we offer. If you have questions or need a quote, please contact me.


Wayne D. Louvier, Esq.
ADAMS | STIRLING
A Professional Law Corporation




• California's preeminent HOA law firm
• Experts on the Davis-Stirling Act
• Known for protecting clients from litigation
• Reputation for innovation
• One of the fastest growing HOA firms in California
Offices throughout the state
CONTACT US for more information


LOS ANGELES
2566 Overland Ave.
Suite 730
Los Angeles 90064

  RIVERSIDE
3610 Central Ave.
4th Floor
Riverside 92506
 
SACRAMENTO
770 "L" Street
Suite 950
Sacramento 95814
ORANGE COUNTY
275 Centennial Way
Suite 211
Tustin 92780
  TEMECULA
41593 Winchester Rd
Suite 200
Temecula, CA 92590
  SAN DIEGO
8880 Rio San Diego
Suite 800
San Diego 92108
PALM DESERT
77-564 Country Club
Suite 150
Palm Desert 92211
 
SAN FRANCISCO
1 Sansome Street
Suite 1500
San Francisco 94104
  VENTURA COUNTY
1200 Paseo Camarillo
Suite 255
Camarillo, CA 93010
Adams Stirling PLC