The Why and How of Amending and Restating Association Governing Documents

July 5, 2011 by David C. Swedelson

Is your association facing conflict because your governing documents have provisions which are in conflict with the Civil Code? Is the board and management having debates with homeowners over ambiguous provisions? Maybe your association needs to consider a restatement, a complete rewriting of your association's CC&Rs and bylaws. This was the subject of a recent article written by SwedelsonGottlieb associate Alex Noland that was published in the CACM's Law Journal.

In his article, Alex addresses why community associations should consider restating their governing documents and the procedure for obtaining owner approval. He provides some practical advice on how to get the owners to vote on the proposed amendments and lender approval, if necessary. Alex's article is based on his and the firms extensive experience having amended and restated CC&Rs and bylaws for hundreds of California community associations through the firm's Amend program. Follow this link to read Alex's article, and if you want more information regarding the Amend program, contact Alex Noland at an@sghoalaw.com or Mark Petrie at mark@sghoalaw.com. Or call them at 800.372.2207.