Ask for written feedback, and provide notice of a meeting for owners to pose questions and voice concerns. Then provide written notice to owners of the need to amend the CC&Rs, along with a copy of the draft revisions. Make sure your attorney reviews and revises all your governing documents using a change-tracking word processing function so that all owners can easily identify the proposed changes. Again, an attorney can let you know which provisions you'll need to revise based on changes in the law since the CC&Rs were initially written. In addition, if your CC&Rs were drafted years ago, it would be wise to delete or update outdated provisions as long as you're making changes anyway. An attorney should be able to easily identify those situations and suggest appropriate changes. Though your proposed amendment may seem simple, the change may bring it into conflict with other provisions of your CC&Rs. Once you understand the process outlined in your current CC&Rs, work with an attorney to draft revised CC&Rs based on the changes you'd like to implement. Most, if not all, outline the process for making changes, usually requiring 51, 67, or 75 percent approval from association members. Rule number one in amending your governing documents is to read them. Here's how to make the changes by the book and deal with the inevitable political tension that arises from taking such an action. Whatever the reason, at some point you'll need to amend your CC&Rs. Better to clarify them rather than experience tension every time they have to be applied to a real-life situation. Or maybe you're just tired of arguing over the meaning of important-but confusing-provisions. Or they may completely ban owners from flag flying, which would conflict with the federal Freedom to Display the American Flag Act. For instance, they may include limitations on children in units, which would violate fair housing laws. Maybe you've realized your CC&Rs include provisions that aren't even legal today. Perhaps a majority of your owners want to own pets, but your governing documents prohibit it. Some rules were meant to be broken, including provisions of your governing documents.
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