Legal Question in Real Estate Law in California
Can a Condo Assoc create and use it's own Bylaws?
Asked on 2/20/11, 12:31 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Yes, within limits set by law. The association should consider Civil Code section 1352 et seq. covering "governing documents" in general, with emphasis on 1357.110 "Requirements for validity and enforceability" and 1357.130 "Proposed rule change by board action; notice; meeting." However, if by "create and use its own" you also mean "without the assistance of an attorney," I'd advise against that.
Answered on 2/20/11, 3:09 pm
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