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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10206
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If a board of directors passes a motion that does not conform

Customer Question

If a board of directors passes a motion that does not conform to the Governing Documents of the association Is this legal?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.
If the Board is attempting to modify or amend your governing documents by passing a contradictory motion, this is not enforceable.Any amendment to your governing documents must go through the applicable amendment process (as set by your HOA's governing documents, or under the default provisions of the Davis Stirling Act as summarized here:

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