The governing documents of an HOA include its CC&Rs, Bylaws, and Rules and Regulations. Over time, these documents may need to be revised or amended due to changes in the HOA and/or its demographics or because new laws have been enacted rendering the provisions unenforceable.
Our firm has drafted hundreds of CC&Rs, Bylaws and Rules amendments and restatements. We work closely with our clients to ensure that the governing documents conform with law and the needs of your community. We will review your HOAs governing documents to determine what changes need to be made to conform with current law, and we will guide you through making the appropriate changes to the governing documents that your community needs. We will not waste your time with unnecessary amendments or work. We provide flat rate agreements that are simple and clear. We will also assist with drafting your ballot and voting materials, holding town hall meetings with your members and educating members about the changes.
Court Petitions (Civil Code section 4275)
Often HOAs are hindered by “supermajority” voting requirements in their CC&Rs and Bylaws, which require 67% or 75% of owners to affirmatively vote “yes” on the proposed CC&Rs or Bylaws. The California State Legislature recognizes this hindrance to corporate governance, and thus has enacted Civil Code section 4275 to allow an HOA to petition a Court to approve of the CC&Rs or Bylaws.
We have a history of success in helping HOAs get court approval of their CC&Rs and Bylaws amendments and restatements when they are unable to obtain the approval of a “supermajority” of owners. We can quickly and successfully guide your HOA through the Civil Code section 4275 Court Petition process and have the Court approve of your CC&Rs or Bylaws amendment or restatement.
If you would like us to provide you with a proposal to amend or restate your governing documents or file a Court petition to approve of your CC&Rs or Bylaws, please contact us at: info@flanaganhoalaw.com