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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a HOA board propose changes to the CC&Rs and submit the

Customer Question

Can a HOA board propose changes to the CC&Rs and submit the changes to the property owners for vote without having the changes reviewed by an attorney? And, if approved have these changes recorded - still without legal review.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

UNLESS the CC&R's require an attorney to review the changes before putting the matter up for a vote, the HOA shouldn't be required to do so. As you likely know, the HOA is governed by its CC&R's and its minutes, and if they don't require an attorney review, then it would not be mandatory (but it's certainly a good idea).

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