Q: Is there a civil code stating my HOA is not required to submit original voting documents for amendments to our C&Rs?
An amendment was made to our CC&Rs giving responsibility back to the homeowner's for care and maintenance of portions of backyard slopes. my property is the only one in my tract that has a v-ditch running down vertically from above the top of my property and connecting with a horizontal v-ditch (both draining from other properties) and continuing into the vertical v-ditch that runs into a storm drain running under my property. I am told I am responsible for the 12 feet of vertical v-ditch that connects the other v-ditches with the storm drain because it is within the area the homeowner is to now responsible to maintain (per the new amendment.)
I want to see who voted for the amendment. I think I am an exception and the property management co should continue to be responsible for v-ditch maintenance into the storm drain.
My property has been flooded 5 times due to the property management co. lack of maintenance of the v-ditches, (before they connect to the storm drain.)
A: You should demand a copy of the amendment and the voting record from the HOA to be sure that they had enough votes to pass the amendment. I think this kind of amendment must be approved by a majority, or even a 2/3 vote of the Homeowners to be approved.
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