CONTRACTS LIMITED TO ONE YEAR

Virtually all CC&Rs have a one-year limitation on contracts entered into by the association. This limitation is required by the Department of Real Estate (Cal. Admin. Code, Title. 10, §2792.21) to prevent the developer from obligating the association to long-term contracts that may favor the developer but harm the association.

Once the developer has turned over control of the association to the membership, the CC&Rs may be amended to eliminate the restriction altogether or to change it to 3 or 5 year contract limitations depending on the type of vendor. This allows the association to negotiate more favorable contracts for elevator maintenance, cable TV service, etc.

Updated by ADAMS KESSLER 8/9/2008