Legal Question in Real Estate Law in California

The Board of my California HOA has proposed some changes to the Rules and Regulations. Their notice has strikethroughs where text is to be removed and bold text where it is to be added.

A small note next to a new Architectural Committee section says "replaces separate Architectural Guidelines". Much of that document's language is shown as added to this and another section of the Rules and Regulations.

But some of the language from the to-be-abandoned Architectural Guidelines has been omitted altogether. In particular, a contentious sentence about "clutter" is nowhere to be found in the proposed changes, but there are several other omissions as well.

This may just be an oversight, but...who knows? Maybe they're hoping we won't notice what has been lost.

I say that by not showing us all the text to be removed they have not met the part of �1357.130 that says "The notice shall include the text of the proposed rule change...".

Agree?


Asked on 3/29/13, 3:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, I'm not sure. "Text of the proposed rule change" could mean "proposed new text" or "proposed text of the new Rules and Regulations" if the proposed new text can be considered complete in itself. More likely, though, you are correct. Showing only part of the provisions to be deleted by strike-through is, at best, deceptive, and probably contrary to the Code requirement.

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Answered on 3/29/13, 4:46 pm


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