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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.
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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: 11 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 11 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 11 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 11 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 11 months ago.
Please respond to my last email "Nov. 5th 2016 @ 3:45 before I call you. Thanks
Expert:  socallegalwork replied 11 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.