How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socallegalwork Your Own Question
socallegalwork
socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
63833317
Type Your Real Estate Law Question Here...
socallegalwork is online now
A new question is answered every 9 seconds

Can my HOA change the CCR's with out my approval? They want

Customer Question

Can my HOA change the CCR's with out my approval? They want to stop owners from leasing their unit if they move. I have owned this unit for over 12 years. Will everyone in the HOA (110 units) have to agree to the change before they can change the CCR's? Most of the owners are retired.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 7 months ago.

Hello. I believe I can help. I am not sure what jurisdiction you are in, but in order to amend the CCR's they would first need the approval of whatever percentage of owners is required by the HOA's governing documents (you will need to check the HOA's rules). Typically, it is a high percentage, often a "super-majority of at least 67%. If the HOA rules are silent on the issue, then it will depend on what state you live in, but in most jurisdictions the HOA would probably need a simple majority to amend the CCRs.

Customer: replied 7 months ago.
The subdivision is in Folsom California. When you say " the HOA would probably need a simple majority (56) to amend the CCRs". When the Lender made a loan to me, subject to the recorded CCRs that was submitted with my loan documents, how does that affect my legal obligation to that Lender? If the HOA rules are silent, What is the requirement for California?
Can the HOA legally place a rule that a legal owner can not rent their unit if they move? Thanks
Customer: replied 7 months ago.
Please address the questions in the email, then I will call you (Sunday or Monday) with questions I still do not understand.
"Thanks again"
Customer: replied 7 months ago.
Please respond to my last email "Nov. 5th 2016 @ 3:45 before I call you. Thanks
Expert:  socallegalwork replied 7 months ago.

In California, the vote of a simple majority would be required where the HOA CC&R's are silent on the issue. See Civil Code Section 1355.

Under California law, if you owned the unit BEFORE the lease restriction goes into effect, you are exempt from it. See Civil Code Section 4740. However, the law would be enforceable against persons who come to own the unit AFTER the restriction goes into force (so if you sell the unit after this amendment goes into effect, the new owners will be subject to it)

An amendment to the CC&R's should not affect your obligation to your lender.

Related Real Estate Law Questions