Your governing documents, which consist primarily of your Bylaws, CC&Rs and Rules are evaluated, utilized and relied upon by your board of directors, management company, reserve study provider, mortgage lenders and every owner, including new buyers.

Our Governing Document Rewrite Program is designed to provide your association with a cost-effective legal service to replace outdated documents with clear, unambiguous, modern Bylaws, CC&Rs and Rules. The new documents will incorporate recent statutory changes, comprehensive rules and effective enforcement procedures. They will also provide officers and directors with the broadest legal protection available under California law.

If you answer "yes" to one or more of the following questions, you should seriously consider revising your governing documents:

1. Are your CC&Rs over five years old?

If so, the document does not reflect a substantial portion of the legislation specifically enacted by the state legislature to govern the conduct and administration of associations.

It is important to realize that one of the primary purposes of CC&Rs is to provide notice to the members (including new buyers) of their legal rights and obligations. Revised CC&Rs, which reference all of the current code sections, will meet the disclosure obligations of the board and management company.

2. Does your board find it necessary to regularly obtain legal opinions regarding provisions in the documents either because they are ambiguous or because they do not include recently enacted legislation?

Revised documents will be clear, concise and comprehensive. While the need for future legal opinions may not be completely eliminated, well written, up-to-date documents can substantially reduce the need for legal opinions and can save your association far more money, in the long run, than the short term cost of revision.

3. Do your governing documents adequately address possible disasters such as earthquakes and fires?

Until the 1994 Northridge Earthquake, many governing documents did not address this complex issue adequately. For example, after the earthquake, it became obvious that many governing documents required boards to make critical decisions before it was possible for them to become adequately informed on all relevant issues. This often resulted in less than optimum decisions that turned out to be very expensive for the association.

4. Do your governing documents include obsolete references to the developer and the rights of the declarant which cause confusion?

These obsolete provisions can be eliminated, thus making the documents more concise and clear.

5. Do your governing documents omit important rules (such as parking rules) that, if included, would improve your ability to manage the association?

If your rules are inadequate, comprehensive (and legally enforceable) rules can be included in a revised set of governing documents.

If you have answered "yes" to one or more of the questions above, you should seriously consider revising your governing documents. The process is relatively simple.  Payment terms can be arranged. Our service can be provided without regard to legal work being handled by other attorneys. See our CC&Rs Amendments - Restatement Checklist.

Please do not hesitate to contact us with any questions. There is never a charge for the initial consultation concerning any legal matter.

Please visit CC&Rs and Bylaws Q and A


Amend your CC&Rs - $350


CC & Rs Maintenance Matrix - $660

If your homeowner association board is having difficulty determining whether association or individual homeowners are responsible for the maintenance of various building components, we can help you by reviewing your CC&Rs and then preparing a CC&R Maintenance Matrix. For $660, your association should be able to eliminate most arguments about maintenance responsibilities and minimize the chances that it will be involved in litigation over maintenance issues. Call us today if your HOA is located anywhere in California.


Assignment of Rents
Assessment Collection Tool

Homeowner associations can seize the rent due from tenants who occupy homes owned by owners who are behind on their assessments or dues, if their CC&Rs permit the action. If your associationís CC&Rs do not permit the seizure of tenant rents, your CC&Rs can be amended to permit this highly effective collection method. Drafting a single Assignment of Rents Amendment, can be done for the cost of $350. Why wait? Why let delinquent homeowners collect rent and not pay the association? Has your association lien service made this recommendation? Call us to get started.


Why CC&Rs Must Be Updated

Fixed Fee Agreement - Restated CC&Rs



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