Why CC&Rs Must Be Updated

The Perfect Analogy

Imagine you are driving down a highway when you see a 70 MPH highway sign.  You are driving exactly 70 MPH.  A CHP officer pulls you over and states that he stopped you for speeding.

You explain that you were traveling 70 MPH and that the sign posted states Maximum Speed 70 MPH.  The CHP officer then explains that the sign is wrong because the law previously reduced the maximum speed to 60 MPH, and consequently, you broke the law.  Therefore, you must accept the consequences!

No rational person would accept the situation described above as being reasonable or just.  The reason is clear – the driver reasonably assumed he could rely on the posted sign and is being punished because he did what appeared to be reasonable.

Ask Yourself – who relies on your CC&Rs? 

The following:

·         Every member of your board of directors

·         Every member of your homeowner association

·         Potential buyers of homes located within your homeowner association

·         Your management company

·         Renters living in your community

Ask Yourself – What is the result if your Association’s CC&Rs do not reflect the current law?  Will someone end up like the driver described above?

Remember – the Davis - Stirling Act which is the primary body of homeowner association law (and the basis of your CC&Rs) was adopted in 1985 and has been revised every year since that date.

Ask Yourself – Are your homeowner association’s CC&Rs misleading the following:

·         Every member of your board of directors

·         Every member of your homeowner association

·         Potential buyers of homes located within your homeowner association

·         Your management company

·         Renters living in your community