QUESTION: Our board opted to amend our CC&Rs. Is it necessary to hire an attorney or can we just write what we intend and take it to the county and record it?
ANSWER: The board can prepare the language on its own but it runs the risk that the language may create unintended consequences that an experienced attorney would spot. Moreover, the board cannot draft the language and then record it; the amendment must first be approved by the membership. The amendment must also be in proper format for recording purposes and properly certified, otherwise it will be rejected by the Recorder's Office.