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 the membership, it becomes effective upon recordation.
ASSISTANCE: Associations needing legal assistance can
contact us.
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