Amending CC&Rs, HOA Bylaws and Operating Rules
Serving California Homeowner Associations
• Checklist - CC&R Amendments
• CC&R - Bylaws Q and A
• CC&R Amendments- Commercial Condominiums
Fixed Fee Agreement - Restated CC&Rs
Michael T. Chulak & Associates has expertise
in all areas of homeowner association law including amending and restating
CC&Rs, Bylaws and Operating Rules.
Your governing documents, which consist primarily of your Bylaws, CC&Rs and Operating Rules are evaluated, utilized and relied
upon by your board of directors, management company, reserve study provider, mortgage lenders and every owner, including new
Our Governing Document Rewrite Program is designed to provide your association with a cost-effective legal service to replace
outdated documents with clear, unambiguous, modern Bylaws, CC&Rs and Rules. The new documents will incorporate recent
statutory changes, comprehensive rules and effective enforcement procedures. They will also provide officers and directors
with the broadest legal protection available under California law.
If you answer "yes" to one or more of the following questions, you should seriously consider revising your governing
- Are your CC&Rs over five years old?
If so, the document does not reflect a substantial portion of the legislation specifically enacted by the state legislature
to govern the conduct and administration of associations.
It is important to realize that one of the primary purposes of CC&Rs is to provide notice to the members (including new
buyers) of their legal rights and obligations. Revised CC&Rs, which reference all of the current code sections, will meet the
disclosure obligations of the board and management company.
- Does your board find it necessary to regularly obtain legal opinions regarding provisions in the documents either
because they are ambiguous or because they do not include recently enacted legislation?
Revised documents will be clear, concise and comprehensive. While the need for future legal opinions may not be completely
eliminated, well written, up-to-date documents can substantially reduce the need for legal opinions and can save your
association far more money, in the long run, than the short term cost of revision.
- Do your governing documents adequately address possible disasters such as earthquakes and fires?
Until the 1994 Northridge Earthquake, many governing documents did not address this complex issue adequately. For example,
after the earthquake, it became obvious that many governing documents required boards to make critical decisions before it was
possible for them to become adequately informed on all relevant issues. This often resulted in less than optimum decisions
that turned out to be very expensive for the association.
- Do your governing documents include obsolete references to the developer and the rights of the declarant which
These obsolete provisions can be eliminated, thus making the documents more concise and clear.
- Do your governing documents omit important rules (such as parking rules) that, if included, would improve your
ability to manage the association?
If your rules are inadequate, comprehensive (and legally enforceable) rules can be included in a revised set of governing
If you answered "yes" to one or more of the questions above, you should seriously consider revising your governing documents.
The process is relatively simple.
Governing Document Rewrite Program
Our governing document rewrite program is available to small and large homeowner associations anywhere in California.
Payment plans are available. Our service can also be provided without regard to legal work being handled by other attorneys.
The program consists of the following steps:
- We review your existing governing documents to determine the need for CC&Rs and Bylaws revisions.
- We, then, quote a fixed fee for rewriting your documents without any obligation to your association up to this
- If your association wants to proceed, we will prepare a retention agreement for your signature and will request a
check for 50% of the quoted fee.
- Upon receipt of the signed retention agreement and check, we will review an extensive survey form with your board
or revision committee and will then prepare the initial draft of the documents.
- We then confer with your board (or revision committee), as necessary, to discuss and revise the documents, and to
discuss the approval process.
- Upon approval by the board, we will meet with your homeowners in person to review the documents, answer questions
and discuss the approval process. If a personal meeting is not practical, we will be available by telephone to answer any
questions, all included in the fixed fee.
We also provide a step-by-step set of written instructions on how to get owner approval, provide a sample ballot and explain
what is required before the new governing documents become effective.
Upon final approval, we will arrange to have the new CC&Rs recorded with the office of the County Recorder. See our:
Amendments - Restatement Checklist and CC&Rs - Bylaws Q and A and Why CC&Rs Must Be Updated.
Amend Your CC&Rs - $300
CC & Rs Maintenance Matrix - $600
If your homeowner association board is having difficulty determining whether association or individual homeowners are responsible for the maintenance of various building components, we can help you by reviewing your CC&Rs and then preparing a CC&R Maintenance Matrix. For $600, your association should be able to eliminate most arguments about maintenance responsibilities and minimize the chances that it will be involved in litigation over maintenance issues. Call us today if your HOA is located anywhere in California.
Assignment of Rents
Assessment Collection Tool
Homeowner associations can seize the rent due from tenants who occupy homes owned by owners who are behind on their assessments or dues, if their CC&Rs permit the action. If your associationís CC&Rs do not permit the seizure of tenant rents,
your CC&Rs can be amended to permit this highly effective collection method. Drafting a single Assignment of Rents Amendment, can be done for the cost of $300. Why wait? Why let delinquent homeowners collect rent and not pay the association? Has your association lien service made this recommendation? Call us to get started.
Please contact us with any homeowner association or other legal questions. There is never a charge for the initial
consultation concerning any legal matter.
HOA Law Articles
We add articles to this section of our website on a regular basis:
How to Get Elected to the Board of Directors of Your HOA
Why You Should Run for Election to the Board of Directors of Your HOA
What Happens if Nobody Runs for the Board
The Most Common Reasons Board Members are Recalled
• Developers Breach of Fiduciary Duty
Strategic Defaults and Foreclosure
Why Homeowner Associations Get into Trouble
Pledge by Nominee for Election to Board of Directors
Insurance Company Tricks
Is Your HOA Protected?
Post Earthquake Responses To Severe Earthquakes
Increasing Attendance at HOA Annual Meetings
Loss Assessment Coverage
Security Disasters - Don't Let This Happen to You
Homeowner Association Security
Checklist for Buying a Condominium
Breach of Fiduciary Duty by Directors of HOAs
Selecting an Agent for Service of Process
Saving Dollars for Your Homeowner Association
ALS Matching Funds
Collecting Matching Funds for ALS
Research and Patient Services
Michael T. Chulak & Associates will match your tax deductible donations to ALS Association. ALS is also referred to as Lou Gehrig's disease.
ALS Matching Funds Information.
Los Angeles County:
Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas, Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights, La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale, Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson, Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount, Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda, Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake, Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington, Windsor Hills, Winnetka, Woodland Hills.
Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme, Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village.
Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin Foothills, Villa Park, Westminster, Yorba Linda.
San Bernardino County:
Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley.
Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland, Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester, Woodcrest.
Santa Barbara County:
Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro Canyon.
San Diego County:
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, (Cardiff-by-Sea, Leucadia, Olivenhain), Escondido, Fairbanks, Ranch, Fallbrook, Imperial Beach, Julian, La Mesa, Lake San, lakeside, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Romona, Rancho San Diego, Rancho Santa Fe, San Diego, San Marcos, Santee, Solana Beach, Hidden Meadows, San Diego County Estates, Spring Valley, Vista.
San Luis Obispo County:
Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos, Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Templeton.
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City
Contra Costa County:
Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Mountain View, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek
Auberry, Big Creek, Biola, Bowles, Calwa, Cantua Creek, Caruthers, Centerville, Clovis, Coanlinga, Del Rey, Dunlap, Easton, Firebaugh, Fowler, Fresno, Friant, Highway City, Huron, Kerman, Kingsburg, Lanare, Laton, Mendota, Mercy Hot Springs, Minkler, Orange Grove, Parlier, Pinedale, Prather, Raisin City, Reedley, Riverdale, Rolinda, San Joaquin, Sanger, Selma, Shaver Lake, Squaw Valley, Tarpey Village, Three Rocks, Tollhouse, Tranquility
Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial, Salton City
Arvin, Bakersfield, Bear Valley Springs, Boron, California City, Delano, Frazier Park, Lake Isabella, Lebec, Maricopa, McFarland, Mojave, Pine Mountain Club, Ridgecrest, Rosedale, Shafter, Taft, Tehachapi, Wasco, Wofford Heights
Bel Marin Keys, Belvedere, Black Point - Green Point, Bolinas, Corte Madera, Dillon Beach, Dogtown, Fairfax, Hamilton, Ignacio, Inverness, Inverness Park, Kentfield, Lagunitas - Forest Knolls, Larkspur, Las Gallinas, Lucas Valley - Marinwood, Greenbrae, Marin City, Marshall, Mill Valley, Muir Beach, Novato, Point Reyes Station, Ross, San Anselmo, San Marin, San Rafael, Santa Venetia, Sausalito, Sleepy Hollow, Stinson Beach, Strawberry, Tamalpais - Homestead Valley, Tiburon, Woodacre
Bradley, Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Pebble Beach, Salinas, Sand City, Seaside, Soledad
Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho, Rio Linda, Rosemont, Sacramento
San Francisco County:
San Francisco City
San Joaquin County:
Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy
Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County
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