QUESTION: Do we as a board have the authority to update our CC&Rs and increase our budget to cover the cost? Do we need to take this to the owners for a vote or can we as the board decide to do so given that our CC&Rs are more than 15 years old?
ANSWER: Boards have authority on their own to authorize legal counsel to prepare draft updates to CC&Rs and bylaws, subject to budgetary limitations (5% special assessment and 20% dues increase). Amended and restated documents, once prepared in draft form, must be approved by the membership. Approval must be done by secret ballot.
Board-Approved Amendments. In addition to amendments approved by the membership, there are three categories of amendments that can be made solely with board approval. They are:
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