RESTATING CC&Rs and BYLAWS

Restating an older set of CC&Rs is much more cost-effective and less confusing than adding a large number of amendments. A restatement is the complete replacement of your CC&Rs with an up-to-date document. If your documents were written prior to 1985, when the Davis-Stirling Act was adopted, they probably need restating. Following are some of the major changes you should expect in restated documents.

Restated CC&Rs

Restated Bylaws

  • Cumulative voting deleted

  • Quorum requirements for election of directors deleted

  • Director qualifications added (delinquencies, litigation, felonies, etc.)

  • Two-year staggered terms for directors

  • Nomination and election procedures defined

  • Due Process requirements defined for disciplinary actions

  • Records inspection rights defined

If your association is interested in restating its CC&Rs and Bylaws or amending particular provisions, contact us for more information.

Updated by ADAMS KESSLER 7/28/2008

 
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