Bylaws Residential Association For Condominiums In Los Angeles
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FAQ
If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. If you have questions or need further assistance, call our office at (916) 874-6334.
The CC&Rs simply state that any of the homeowners subject to the CC&Rs can sue another homeowner for not following the rules. And they are perpetually enforceable unless the government overrides them (for instance, California made it illegal to prevent short-term rentals, so that rule can no longer be enforced).
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
The CC&Rs must be recorded with the county recorder's office in order to create certain restrictions on the property and provide recorded notice of the contractual obligations on the deed to prospective buyers. You should be able to find a copy of the CC&Rs on your county assessor's official government website.
California Secretary of State Filings This process legalizes the HOA and creates a public record of its existence. The filings include not only the Articles of Incorporation but can also encompass records of financial statements and any potential dissolution of the HOA.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
If a CC&Rs expiration clause is written within the declaration, then the covenants will expire. For example, if your declaration says that covenants have a lifespan of 20 years, then they will no longer be enforceable past that point.
Bylaws. The Bylaws of a inium or planned development contain the operating procedures of the homeowners association. These generally include how to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
More important, most inium documents were written by developer lawyers for the primary benefit of the developer. As a board member, you have a responsibility to ensure that owners can live with your condo documents. The declaration and bylaws of your association are your constitution.
