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State Oversight
QUESTION: I thought the CC&Rs were a California state document. If we were to change something, doesn't the state have to amend everyone's CC&Rs?

ANSWER: CC&Rs are not "state" documents and the state does not oversee the amendment process once the developer transfers control to the association. CC&Rs are unique to each common interest development and are recorded with the County Recorder's Office. Amendments approved by your membership do not effect the CC&Rs of any other developments in California. Although amendments do not require state review, they should be reviewed by your association's legal counsel. They must then be sent to the membership for approval using secret ballots. Once an amendment has been approved by your membership, it becomes effective upon recordation.

Adams Kessler PLC
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