CC&R AMENDMENTS & RESTATEMENTS

< < Previous . . LEGAL SERVICES . . Next > >

Amend/Restate Defined. An amendment revises or replaces one or more paragraphs in a set of CC&Rs. A restatement revises and/or replaces, and reorganizes everything in the document. The operative language “amend and restate, in their entirety” or the equivalent phrase “amended and restated in its entirety” are industry standard used in CC&R restatements and is general found on the first page of a restated document.

Reasons to Restate. 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.
   
• Declarant Provisions. Remove all provisions related to the Declarant, the original developer of the project.
   
• Plain English. Remove all legalese in the document and put all provisions in plain English so board members and homeowners alike can understand what they are reading.
   
• 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. A maintenance chart should be included as an exhibit there is an easy reference for respective maintenance obligations.
   
• 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.
   
• Rent Restrictions. Add rent restrictions that conform to the Davis-Stirling Act.
   
• Insurance Provisions. Provide an a requirement that owners to carry insurance, address insurance deductibles, and clearly spell out the association's obligations.

Restatement Timeline. On average, restating a set of CC&Rs takes about 4 to 6 months. Some associations take longer depending on how they approach the project. ADAMS | STIRLING includes a complete restatement of the bylaws at the same time so as to provide a matched set of documents.

Initiated by the Board. Amendments to the governing documents must be initiated by the board of directors.

Court Approval. The Davis-Stirling Act recognizes the difficulty in obtaining membership approval. It allows associations to go into court and seek judicial approval if at least 50% of the members approve the amendments and/or restatement. If needed, we can prepare the petition and present the matter to the court for approval.

Cost. To accommodate all types of associations, we offer several options to meet your needs and budget. For associations that qualify, we can restate their documents for a fixed fee.

Proposal. For more information or to receive a proposal regarding CC&R amendments and restatements, contact us.