Legal Question in Real Estate Law in California
Removing CC&R board members
We have lived in the same house for 10 years and bought it from the builder. Most of our neighbors are in the same situation and have lived there for 10+ years. One of our neighbors who likes to stick his nose into other people's business was recently appointed to the CC&R enforcement board. Since he was assigned to the board many of the neighbors have received notices about minute infractions of the CC&R's (garbage cans left out, basketball standards, etc.). Things have been fine before this guy got on the board. All of the neighbors are considering what to do now. We have developed 3 possible scenarios:
1. We ammend the CC&R's to allow things like basketball standards
2. We move to remove the neighbor from the CC&R board
3. We ''susceed'' from the neighborhood to create our own group that is governed by our own CC&R's
The question we have is that we do not know how feasible any of these options are or which is the best route to follow. I have also read that in order to ammend the CC&R's we have to get 75% of the owners to sign any petitions. We also don't know who to go to to ammend the CC&R's or who is the ''official'' keeper of the CC&R's. Is it the city? Someone else?
2 Answers from Attorneys
Re: Removing CC&R board members
You mention that the troublemaker was "assigned" and "appointed." Not elected, then, I presume. Maybe the starting point is for whomever has the power to make appointments or assignments to reverse the action. That sounds like your option #2. I suggest trying that first.
Conditions, covenants and restrictions (CC&Rs) can be of several kinds. Some are in the nature of ordinances or zoning rules; these would be passed and maintained by the city or a planning commission, and official action would be necessary to bring about a change.
However, most are private in nature, and arise out of contracts between the original owners and the developer of the neighborhood. Usually they "run with the land," so they apply not only to the persons who actually signed the contract, but also to all successive owners of the affected land. Such CC&Rs are ordinarily recorded with the county recorder, and would be mentioned in your deed or title insurance.
One or more of the concerned homeowners should try to get an initial consultation with a local real estate lawyer, preferably one with a lot of experience in homeowners' associations and CC&Rs.
Re: Removing CC&R board members
There are procedures for obtaining and removing directors in the By-Laws. Our office can help you in the procedures for amending CC & R's and having an election for the Board. Please contact our office at 714 363 0220.
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