The State of California emphasizes Governing Documents should easy to understand. Proposals should include:
- Here’s the old
- Here’s the new
- Here’s why we need this change.
Keep it simple.
We have studied this approach for our community for over four years now. Adopting a full-rewrite simply appears to be an impossible challenge.
Here are some talking points:
- It’s all or nothing. You can forget about those key updates embedded in a full re-write. We are back to square one for everything if it fails.
- Do new CC&Rs really add value? Practically speaking, We do not see this holding significant standing for the Coto community. Ask a Realtor, when is the last time you or anyone you know purchased a home based on CC&R’s?
- California already updates CC&R statutes that we comply with. These constantly updated statutes always supersede Community documents. New CC&R’s are like a new car on day one, and we all know what happens with used cars (no offense to the Automotive industry).
- Community CC&Rs should focus on specific community aspects that we can control. Leave the heavy lifting of maintaining statutes to our County and State governments.
- Many of you may not know that, while our CC&R update needs 50%+1 of the membership (215 members) to adopt, our Bylaws require 75%, or 322 members to adopt. With 75% being a bar so high, the courts would likely allow us to fudge a bit, but it is very high bar none-the-less. Remember, a full re-write includes updating the CC&Rs AND Bylaws.
- Finally, this is by far the most expensive approach. For the last 7 or 8 years, several heartfelt attempts to update our Governing Documents, with mounting legal fees in tow, have failed.
To summarize, we believe this approach, in its most perfect presentation, remains a Bridge Too Far. We would love to hear from you.