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Apparently the issue was by-passed and the Board accepted changes which resulted in our CC&Rs still requiring a 75% vote to change documents. I live in a complex that has town houses on one side inside this complex and condo's on the other side with an entrance to a guard shack and a guest parking lot in the middle between these town houses and condo's. With that picture in mind the condo's share the cost of maintaining the common area that comprise the driveway entrance, the parking lot and a lake behind the condo's and the guard shack equally between all owners. (That is we all pay the same amount). The townhouse owners pay half in equal portions also. However the other common area that is around the condo portion (landscape, tree's, pool and gym/recreation building are shared on a percentage basis depending of floor plan. While at the same time the townhouse portion pay for all the common area around their portion in equal amounts. They also have their own Board of Directors, but the same on site manager manages both the condo and townhouse side.
I have come across a section in the Davis Sterling Act that says unfair and unequal laws or regulations can be appealed and overturned. I would like to do this and wanted your legal input to tell me whether this can be done or not. And if so can I do it in a Small Claims action to avoid all the legal fee's or must I do it through a Superior Court action. Most HOA's have all common area's paid equally between all owners. This policy we have is antiquated and out of date since the CC&Rs that provided this inequity were written in 1978 and was done to promote the sale of the one bedroom units when this complex went from apartments to condo's.
Our present CC&Rs call for a 75% vote to change any part of them. This issue has been the main issue in our condo Board debate in which this Real Estate Agent has been participating in. As a consequence the Board has voted to maintain that 75% ratio.
I want to change the Common Area dues percentage because I believe given the circumstances I have described I believe it is definitely unfair and unreasonable.
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