1. DOCUMENT AMENDMENT Presented for Courtney & Courtney By: Melissa M
DOCUMENT AMENDMENT Presented for Courtney & Courtney By: Melissa M. Garcia
April 23, 2016

2. What To Amend / Hierarchy
Declaration (Covenants, CC&Rs)
Articles of Incorporation
Bylaws
Rules, Guidelines, Policies

3. Why Amend? General Reasons
Inconsistent provisions
Contrary to law
Limitations / No flexibility
Certain provisions may no longer be desirable
Obsolete
Gaps / Silent
Ambiguity

4. Adopting a Rule / Resolution
What is a rule?
What is a resolution?
Ambiguous provisions
Remember the hierarchy
Criteria of a Valid and Enforceable Rule

5. General Amendment Considerations
Who should draft?
Document specific approval requirement
Different processes for obtaining approval
Rewrite vs. limited amendments
Clarifying or defining vs. amending

6. Amendment Process - Declaration
Document specific
More than 50% but no greater than 67% (except for limited exceptions)
Owner approval necessary: at meeting, by mail, written consent
Potential mortgagee approval
Court petition process

7. Amendment Process - Bylaws
Document specific
Can Board amend? Unless a particular bylaw expressly prohibits Board from amending, then:
If Pre-CCIOA: Board can amend except for quorum
If Post-CCIOA: Board can amend except for quorum, terms and qualifications of directors, and powers & duties of Board

8. Amendment Process: Rules, Guidelines Policies & Procedures
Board amends unilaterally
Exceptions:
Document specific for Design Guidelines
Rare, but sometimes rules require Owner approval
Stricter scrutiny by court
Follow policy on adoption of policies, procedures, rules & regulations

9. Best Practices for Obtaining Approval
Make wish list; brainstorm with community
Form document amendment committee
Obtain owner input
Post documents on website
Hold informational meetings
After input, remove or revise red flag provisions
Make it easy for them to vote

10. Questions. Melissa M. Garcia mgarcia@hindmansanchez. com www
Questions? Melissa M. Garcia